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To ensure that a woman seeking a chemical abortion is informed that it may be possible to reverse the intended effects of the abortion if the woman changes her mind, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Second Chance at Life Act of 2023.", "id": "HEACF539E92FE441DA399EFB3C3BFA0C2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Abortion pill reversal informed consent \nThe Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by adding at the end the following: XXXIV Abortion pill reversal informed consent \n3401. Definitions \nIn this title: (1) Abortion provider \nThe term abortion provider means any person licensed to perform a chemical abortion under applicable Federal and State laws. (2) Chemical abortion \nThe term chemical abortion means the use or prescription of an abortion-inducing drug dispensed with the intent to cause the death of the unborn child. (3) Unborn child \nThe term unborn child means a member of the species homo sapiens, at any stage of development prior to birth. (4) Woman \nThe term woman means a female human being whether or not she has reached the age of majority. 3402. Abortion pill reversal informed consent \n(a) Requirement of compliance by providers \nEffective 30 days after the date of enactment of the Second Chance at Life Act of 2023 , any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any chemical abortion, shall comply with the requirements of this title. (b) Informed consent \nExcept in the case of a medical emergency described in section 3403, a chemical abortion involving the two drug process of dispensing mifepristone first and then misoprostol shall not be performed or induced or attempted to be performed or induced without the following: (1) The woman is informed, by telephone or in person, by the physician who is to perform the chemical abortion, by a referring physician, or by an agent of either physician at least 24 hours before the chemical abortion, that— (A) it may be possible to reverse the intended effects of a mifepristone-induced chemical abortion if the woman changes her mind but that time is of the essence; and (B) information on and assistance with reversing the effects of a mifepristone-induced chemical abortion is available on the website of the Department of Health and Human Services required by section 3405(b). (2) After the first drug involved in the two drug process is dispensed in a mifepristone-induced chemical abortion, the physician shall provide written medical discharge instructions to the pregnant woman which must include the statement: Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even to reverse the intended effects of a mifepristone-induced chemical abortion if the second pill has not been taken. Please consult with a health care professional immediately.. 3403. Exception for medical emergencies \n(a) Exception \nThe provisions of section 3402 shall not apply 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. (b) Certification \nUpon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination. 3404. Sign posting \n(a) Posting \nAny private office, freestanding surgical outpatient clinic or other facility, or clinic in which chemical abortions, other than abortions necessary in the case of a medical emergency described in section 3403, are performed shall conspicuously post a sign (in a location as described in subsection (c) so as to be clearly visible to patients) which reads: Research has indicated that mifepristone alone is not always effective in ending a pregnancy and that its effects can be blocked or reversed if the second pill has not yet been taken. If you change your mind prior to taking the second pill and desire to attempt to save your pregnancy, consult with a health care professional immediately.. (b) Lettering; size \nThe sign required by subsection (a) shall be printed with lettering that is— (1) legible; and (2) at least three quarters of an inch boldfaced type. (c) Locations \nA facility in which chemical abortions are performed that is a private office or a freestanding surgical outpatient clinic shall post the sign required by subsection (a) in each patient waiting room and patient consultation room used by patients on whom chemical abortions are performed. A hospital or any other facility in which chemical abortions are performed that is not a private office or freestanding surgical outpatient clinic shall post the required sign in each patient admission area used by patients on whom chemical abortions are performed. 3405. Printed information and website \n(a) In general \nThe Secretary shall publish, in English and in each language which is the primary language of 2 percent or more of the population of any State, and shall cause to be available on the website required by subsection (b), the following printed materials in such a way as to ensure that the information is easily comprehensible: (1) Materials designed to inform the woman of the possibility of reversing the effects of a chemical abortion utilizing mifepristone if she changes her mind. (2) Materials on the assistance and resources that may be available to help reverse the effects of a chemical abortion. (b) Website \nNot later than 30 days after the date of enactment of the Second Chance at Life Act of 2023 , the Secretary shall develop and maintain a website to provide the information described in subsection (a) in accordance with the following: (1) No information regarding who uses the website shall be collected or maintained. (2) The Secretary shall monitor on a regular basis the website to prevent and correct tampering. (3) The website shall be maintained at a minimum resolution of 70 DPI (dots per inch). (4) All pictures appearing on the website shall be a minimum of 200x300 pixels. (5) All letters on the website shall be a minimum of 12 point font. (6) All information and pictures on the website shall be accessible with an industry standard browser, requiring no additional plug-ins. 3406. Civil remedies \n(a) Civil suits for violation \nExcept as provided in subsection (b), any of the following parties may bring a civil action before the appropriate Federal district court for actual and punitive damages against an abortion provider who knowingly or recklessly performed or attempted to perform a chemical abortion in violation of this title: (1) A person upon whom such a chemical abortion has been performed or attempted. (2) A father of an unborn child who is the subject of such a chemical abortion. (3) A parent of a person upon whom such a chemical abortion has been performed or attempted if such person had not attained 18 years of age at the time of such abortion or if such person died as the result of such abortion. (b) Barring suit \nA plaintiff may not bring a civil action under subsection (a) if a chemical abortion is performed or attempted with respect to a pregnancy that is the result of the plaintiff’s criminal conduct. (c) Attorney’s fee \nIf a party described in paragraph (1), (2), or (3) of subsection (a) is the prevailing party in an action under this section, the court shall award a reasonable attorney’s fee to such party. If a defendant is the prevailing party in an action under this section, and the court finds that such action was frivolous or brought in bad faith, the court shall award a reasonable attorney’s fee to the defendant..", "id": "HEEA62B67836549A89B9FA8C1A6844D50", "header": "Abortion pill reversal informed consent", "nested": [], "links": [ { "text": "42 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/201" } ] }, { "text": "3401. Definitions \nIn this title: (1) Abortion provider \nThe term abortion provider means any person licensed to perform a chemical abortion under applicable Federal and State laws. (2) Chemical abortion \nThe term chemical abortion means the use or prescription of an abortion-inducing drug dispensed with the intent to cause the death of the unborn child. (3) Unborn child \nThe term unborn child means a member of the species homo sapiens, at any stage of development prior to birth. (4) Woman \nThe term woman means a female human being whether or not she has reached the age of majority.", "id": "H43E354267A774A7BA216EF8055F319E1", "header": "Definitions", "nested": [], "links": [] }, { "text": "3402. Abortion pill reversal informed consent \n(a) Requirement of compliance by providers \nEffective 30 days after the date of enactment of the Second Chance at Life Act of 2023 , any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any chemical abortion, shall comply with the requirements of this title. (b) Informed consent \nExcept in the case of a medical emergency described in section 3403, a chemical abortion involving the two drug process of dispensing mifepristone first and then misoprostol shall not be performed or induced or attempted to be performed or induced without the following: (1) The woman is informed, by telephone or in person, by the physician who is to perform the chemical abortion, by a referring physician, or by an agent of either physician at least 24 hours before the chemical abortion, that— (A) it may be possible to reverse the intended effects of a mifepristone-induced chemical abortion if the woman changes her mind but that time is of the essence; and (B) information on and assistance with reversing the effects of a mifepristone-induced chemical abortion is available on the website of the Department of Health and Human Services required by section 3405(b). (2) After the first drug involved in the two drug process is dispensed in a mifepristone-induced chemical abortion, the physician shall provide written medical discharge instructions to the pregnant woman which must include the statement: Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even to reverse the intended effects of a mifepristone-induced chemical abortion if the second pill has not been taken. Please consult with a health care professional immediately..", "id": "H513F3C7C95F74C79BA92ECE1E6800D44", "header": "Abortion pill reversal informed consent", "nested": [ { "text": "(a) Requirement of compliance by providers \nEffective 30 days after the date of enactment of the Second Chance at Life Act of 2023 , any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any chemical abortion, shall comply with the requirements of this title.", "id": "HD34F045EF2444E0791DD67357D189EAC", "header": "Requirement of compliance by providers", "nested": [], "links": [] }, { "text": "(b) Informed consent \nExcept in the case of a medical emergency described in section 3403, a chemical abortion involving the two drug process of dispensing mifepristone first and then misoprostol shall not be performed or induced or attempted to be performed or induced without the following: (1) The woman is informed, by telephone or in person, by the physician who is to perform the chemical abortion, by a referring physician, or by an agent of either physician at least 24 hours before the chemical abortion, that— (A) it may be possible to reverse the intended effects of a mifepristone-induced chemical abortion if the woman changes her mind but that time is of the essence; and (B) information on and assistance with reversing the effects of a mifepristone-induced chemical abortion is available on the website of the Department of Health and Human Services required by section 3405(b). (2) After the first drug involved in the two drug process is dispensed in a mifepristone-induced chemical abortion, the physician shall provide written medical discharge instructions to the pregnant woman which must include the statement: Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even to reverse the intended effects of a mifepristone-induced chemical abortion if the second pill has not been taken. Please consult with a health care professional immediately..", "id": "H499649BF472D4181A0F5E6267177DE87", "header": "Informed consent", "nested": [], "links": [] } ], "links": [] }, { "text": "3403. Exception for medical emergencies \n(a) Exception \nThe provisions of section 3402 shall not apply 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. (b) Certification \nUpon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination.", "id": "H1D29D0D2D4974222B270F167CF66B57D", "header": "Exception for medical emergencies", "nested": [ { "text": "(a) Exception \nThe provisions of section 3402 shall not apply 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": "HA49BE339115F4456B286324431E7ACE7", "header": "Exception", "nested": [], "links": [] }, { "text": "(b) Certification \nUpon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination.", "id": "H2C0F5F36A75D4C61A22BCA8841171AE6", "header": "Certification", "nested": [], "links": [] } ], "links": [] }, { "text": "3404. Sign posting \n(a) Posting \nAny private office, freestanding surgical outpatient clinic or other facility, or clinic in which chemical abortions, other than abortions necessary in the case of a medical emergency described in section 3403, are performed shall conspicuously post a sign (in a location as described in subsection (c) so as to be clearly visible to patients) which reads: Research has indicated that mifepristone alone is not always effective in ending a pregnancy and that its effects can be blocked or reversed if the second pill has not yet been taken. If you change your mind prior to taking the second pill and desire to attempt to save your pregnancy, consult with a health care professional immediately.. (b) Lettering; size \nThe sign required by subsection (a) shall be printed with lettering that is— (1) legible; and (2) at least three quarters of an inch boldfaced type. (c) Locations \nA facility in which chemical abortions are performed that is a private office or a freestanding surgical outpatient clinic shall post the sign required by subsection (a) in each patient waiting room and patient consultation room used by patients on whom chemical abortions are performed. A hospital or any other facility in which chemical abortions are performed that is not a private office or freestanding surgical outpatient clinic shall post the required sign in each patient admission area used by patients on whom chemical abortions are performed.", "id": "HD53BC2EBE59C4D76B128971AB05343ED", "header": "Sign posting", "nested": [ { "text": "(a) Posting \nAny private office, freestanding surgical outpatient clinic or other facility, or clinic in which chemical abortions, other than abortions necessary in the case of a medical emergency described in section 3403, are performed shall conspicuously post a sign (in a location as described in subsection (c) so as to be clearly visible to patients) which reads: Research has indicated that mifepristone alone is not always effective in ending a pregnancy and that its effects can be blocked or reversed if the second pill has not yet been taken. If you change your mind prior to taking the second pill and desire to attempt to save your pregnancy, consult with a health care professional immediately..", "id": "HB2FB46D70E5B430ABA1D5955BE037B69", "header": "Posting", "nested": [], "links": [] }, { "text": "(b) Lettering; size \nThe sign required by subsection (a) shall be printed with lettering that is— (1) legible; and (2) at least three quarters of an inch boldfaced type.", "id": "HD83FB90BA578450DAD5FE94A166707D2", "header": "Lettering; size", "nested": [], "links": [] }, { "text": "(c) Locations \nA facility in which chemical abortions are performed that is a private office or a freestanding surgical outpatient clinic shall post the sign required by subsection (a) in each patient waiting room and patient consultation room used by patients on whom chemical abortions are performed. A hospital or any other facility in which chemical abortions are performed that is not a private office or freestanding surgical outpatient clinic shall post the required sign in each patient admission area used by patients on whom chemical abortions are performed.", "id": "H31219E3D40C64E74A3A1DE8F2AB1A733", "header": "Locations", "nested": [], "links": [] } ], "links": [] }, { "text": "3405. Printed information and website \n(a) In general \nThe Secretary shall publish, in English and in each language which is the primary language of 2 percent or more of the population of any State, and shall cause to be available on the website required by subsection (b), the following printed materials in such a way as to ensure that the information is easily comprehensible: (1) Materials designed to inform the woman of the possibility of reversing the effects of a chemical abortion utilizing mifepristone if she changes her mind. (2) Materials on the assistance and resources that may be available to help reverse the effects of a chemical abortion. (b) Website \nNot later than 30 days after the date of enactment of the Second Chance at Life Act of 2023 , the Secretary shall develop and maintain a website to provide the information described in subsection (a) in accordance with the following: (1) No information regarding who uses the website shall be collected or maintained. (2) The Secretary shall monitor on a regular basis the website to prevent and correct tampering. (3) The website shall be maintained at a minimum resolution of 70 DPI (dots per inch). (4) All pictures appearing on the website shall be a minimum of 200x300 pixels. (5) All letters on the website shall be a minimum of 12 point font. (6) All information and pictures on the website shall be accessible with an industry standard browser, requiring no additional plug-ins.", "id": "H7D2D9C2C2A1A458CAE2741A260AC2090", "header": "Printed information and website", "nested": [ { "text": "(a) In general \nThe Secretary shall publish, in English and in each language which is the primary language of 2 percent or more of the population of any State, and shall cause to be available on the website required by subsection (b), the following printed materials in such a way as to ensure that the information is easily comprehensible: (1) Materials designed to inform the woman of the possibility of reversing the effects of a chemical abortion utilizing mifepristone if she changes her mind. (2) Materials on the assistance and resources that may be available to help reverse the effects of a chemical abortion.", "id": "H508658E099CA4951827E586766C42CF8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Website \nNot later than 30 days after the date of enactment of the Second Chance at Life Act of 2023 , the Secretary shall develop and maintain a website to provide the information described in subsection (a) in accordance with the following: (1) No information regarding who uses the website shall be collected or maintained. (2) The Secretary shall monitor on a regular basis the website to prevent and correct tampering. (3) The website shall be maintained at a minimum resolution of 70 DPI (dots per inch). (4) All pictures appearing on the website shall be a minimum of 200x300 pixels. (5) All letters on the website shall be a minimum of 12 point font. (6) All information and pictures on the website shall be accessible with an industry standard browser, requiring no additional plug-ins.", "id": "H35B8E19922D5468C8EBC7163F0330113", "header": "Website", "nested": [], "links": [] } ], "links": [] }, { "text": "3406. Civil remedies \n(a) Civil suits for violation \nExcept as provided in subsection (b), any of the following parties may bring a civil action before the appropriate Federal district court for actual and punitive damages against an abortion provider who knowingly or recklessly performed or attempted to perform a chemical abortion in violation of this title: (1) A person upon whom such a chemical abortion has been performed or attempted. (2) A father of an unborn child who is the subject of such a chemical abortion. (3) A parent of a person upon whom such a chemical abortion has been performed or attempted if such person had not attained 18 years of age at the time of such abortion or if such person died as the result of such abortion. (b) Barring suit \nA plaintiff may not bring a civil action under subsection (a) if a chemical abortion is performed or attempted with respect to a pregnancy that is the result of the plaintiff’s criminal conduct. (c) Attorney’s fee \nIf a party described in paragraph (1), (2), or (3) of subsection (a) is the prevailing party in an action under this section, the court shall award a reasonable attorney’s fee to such party. If a defendant is the prevailing party in an action under this section, and the court finds that such action was frivolous or brought in bad faith, the court shall award a reasonable attorney’s fee to the defendant.", "id": "H0FB9831990BD498AAE676DFB31625C79", "header": "Civil remedies", "nested": [ { "text": "(a) Civil suits for violation \nExcept as provided in subsection (b), any of the following parties may bring a civil action before the appropriate Federal district court for actual and punitive damages against an abortion provider who knowingly or recklessly performed or attempted to perform a chemical abortion in violation of this title: (1) A person upon whom such a chemical abortion has been performed or attempted. (2) A father of an unborn child who is the subject of such a chemical abortion. (3) A parent of a person upon whom such a chemical abortion has been performed or attempted if such person had not attained 18 years of age at the time of such abortion or if such person died as the result of such abortion.", "id": "HBD29B303BE1941D2A7AD51DE188AD5EC", "header": "Civil suits for violation", "nested": [], "links": [] }, { "text": "(b) Barring suit \nA plaintiff may not bring a civil action under subsection (a) if a chemical abortion is performed or attempted with respect to a pregnancy that is the result of the plaintiff’s criminal conduct.", "id": "HF100C20B39AD41EC9ACCDEBD524FB1B9", "header": "Barring suit", "nested": [], "links": [] }, { "text": "(c) Attorney’s fee \nIf a party described in paragraph (1), (2), or (3) of subsection (a) is the prevailing party in an action under this section, the court shall award a reasonable attorney’s fee to such party. If a defendant is the prevailing party in an action under this section, and the court finds that such action was frivolous or brought in bad faith, the court shall award a reasonable attorney’s fee to the defendant.", "id": "H9844096D19AB430990EC9A7F7FC3BD40", "header": "Attorney’s fee", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Preemption \nNothing in this Act or the amendment made by this Act 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 Act.", "id": "H3163D87639D9427BB6628619386298E4", "header": "Preemption", "nested": [], "links": [] }, { "text": "4. Severability \nIf any provision of this Act, or any application thereof, is found to be unconstitutional, the remainder of this Act and any application thereof shall not be affected by such finding.", "id": "HA7B8242507024DA0811D111CDDFB32B8", "header": "Severability", "nested": [], "links": [] } ]
10
1. Short title This Act may be cited as the Second Chance at Life Act of 2023. 2. Abortion pill reversal informed consent The Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by adding at the end the following: XXXIV Abortion pill reversal informed consent 3401. Definitions In this title: (1) Abortion provider The term abortion provider means any person licensed to perform a chemical abortion under applicable Federal and State laws. (2) Chemical abortion The term chemical abortion means the use or prescription of an abortion-inducing drug dispensed with the intent to cause the death of the unborn child. (3) Unborn child The term unborn child means a member of the species homo sapiens, at any stage of development prior to birth. (4) Woman The term woman means a female human being whether or not she has reached the age of majority. 3402. Abortion pill reversal informed consent (a) Requirement of compliance by providers Effective 30 days after the date of enactment of the Second Chance at Life Act of 2023 , any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any chemical abortion, shall comply with the requirements of this title. (b) Informed consent Except in the case of a medical emergency described in section 3403, a chemical abortion involving the two drug process of dispensing mifepristone first and then misoprostol shall not be performed or induced or attempted to be performed or induced without the following: (1) The woman is informed, by telephone or in person, by the physician who is to perform the chemical abortion, by a referring physician, or by an agent of either physician at least 24 hours before the chemical abortion, that— (A) it may be possible to reverse the intended effects of a mifepristone-induced chemical abortion if the woman changes her mind but that time is of the essence; and (B) information on and assistance with reversing the effects of a mifepristone-induced chemical abortion is available on the website of the Department of Health and Human Services required by section 3405(b). (2) After the first drug involved in the two drug process is dispensed in a mifepristone-induced chemical abortion, the physician shall provide written medical discharge instructions to the pregnant woman which must include the statement: Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even to reverse the intended effects of a mifepristone-induced chemical abortion if the second pill has not been taken. Please consult with a health care professional immediately.. 3403. Exception for medical emergencies (a) Exception The provisions of section 3402 shall not apply 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. (b) Certification Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination. 3404. Sign posting (a) Posting Any private office, freestanding surgical outpatient clinic or other facility, or clinic in which chemical abortions, other than abortions necessary in the case of a medical emergency described in section 3403, are performed shall conspicuously post a sign (in a location as described in subsection (c) so as to be clearly visible to patients) which reads: Research has indicated that mifepristone alone is not always effective in ending a pregnancy and that its effects can be blocked or reversed if the second pill has not yet been taken. If you change your mind prior to taking the second pill and desire to attempt to save your pregnancy, consult with a health care professional immediately.. (b) Lettering; size The sign required by subsection (a) shall be printed with lettering that is— (1) legible; and (2) at least three quarters of an inch boldfaced type. (c) Locations A facility in which chemical abortions are performed that is a private office or a freestanding surgical outpatient clinic shall post the sign required by subsection (a) in each patient waiting room and patient consultation room used by patients on whom chemical abortions are performed. A hospital or any other facility in which chemical abortions are performed that is not a private office or freestanding surgical outpatient clinic shall post the required sign in each patient admission area used by patients on whom chemical abortions are performed. 3405. Printed information and website (a) In general The Secretary shall publish, in English and in each language which is the primary language of 2 percent or more of the population of any State, and shall cause to be available on the website required by subsection (b), the following printed materials in such a way as to ensure that the information is easily comprehensible: (1) Materials designed to inform the woman of the possibility of reversing the effects of a chemical abortion utilizing mifepristone if she changes her mind. (2) Materials on the assistance and resources that may be available to help reverse the effects of a chemical abortion. (b) Website Not later than 30 days after the date of enactment of the Second Chance at Life Act of 2023 , the Secretary shall develop and maintain a website to provide the information described in subsection (a) in accordance with the following: (1) No information regarding who uses the website shall be collected or maintained. (2) The Secretary shall monitor on a regular basis the website to prevent and correct tampering. (3) The website shall be maintained at a minimum resolution of 70 DPI (dots per inch). (4) All pictures appearing on the website shall be a minimum of 200x300 pixels. (5) All letters on the website shall be a minimum of 12 point font. (6) All information and pictures on the website shall be accessible with an industry standard browser, requiring no additional plug-ins. 3406. Civil remedies (a) Civil suits for violation Except as provided in subsection (b), any of the following parties may bring a civil action before the appropriate Federal district court for actual and punitive damages against an abortion provider who knowingly or recklessly performed or attempted to perform a chemical abortion in violation of this title: (1) A person upon whom such a chemical abortion has been performed or attempted. (2) A father of an unborn child who is the subject of such a chemical abortion. (3) A parent of a person upon whom such a chemical abortion has been performed or attempted if such person had not attained 18 years of age at the time of such abortion or if such person died as the result of such abortion. (b) Barring suit A plaintiff may not bring a civil action under subsection (a) if a chemical abortion is performed or attempted with respect to a pregnancy that is the result of the plaintiff’s criminal conduct. (c) Attorney’s fee If a party described in paragraph (1), (2), or (3) of subsection (a) is the prevailing party in an action under this section, the court shall award a reasonable attorney’s fee to such party. If a defendant is the prevailing party in an action under this section, and the court finds that such action was frivolous or brought in bad faith, the court shall award a reasonable attorney’s fee to the defendant.. 3401. Definitions In this title: (1) Abortion provider The term abortion provider means any person licensed to perform a chemical abortion under applicable Federal and State laws. (2) Chemical abortion The term chemical abortion means the use or prescription of an abortion-inducing drug dispensed with the intent to cause the death of the unborn child. (3) Unborn child The term unborn child means a member of the species homo sapiens, at any stage of development prior to birth. (4) Woman The term woman means a female human being whether or not she has reached the age of majority. 3402. Abortion pill reversal informed consent (a) Requirement of compliance by providers Effective 30 days after the date of enactment of the Second Chance at Life Act of 2023 , any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any chemical abortion, shall comply with the requirements of this title. (b) Informed consent Except in the case of a medical emergency described in section 3403, a chemical abortion involving the two drug process of dispensing mifepristone first and then misoprostol shall not be performed or induced or attempted to be performed or induced without the following: (1) The woman is informed, by telephone or in person, by the physician who is to perform the chemical abortion, by a referring physician, or by an agent of either physician at least 24 hours before the chemical abortion, that— (A) it may be possible to reverse the intended effects of a mifepristone-induced chemical abortion if the woman changes her mind but that time is of the essence; and (B) information on and assistance with reversing the effects of a mifepristone-induced chemical abortion is available on the website of the Department of Health and Human Services required by section 3405(b). (2) After the first drug involved in the two drug process is dispensed in a mifepristone-induced chemical abortion, the physician shall provide written medical discharge instructions to the pregnant woman which must include the statement: Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even to reverse the intended effects of a mifepristone-induced chemical abortion if the second pill has not been taken. Please consult with a health care professional immediately.. 3403. Exception for medical emergencies (a) Exception The provisions of section 3402 shall not apply 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. (b) Certification Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination. 3404. Sign posting (a) Posting Any private office, freestanding surgical outpatient clinic or other facility, or clinic in which chemical abortions, other than abortions necessary in the case of a medical emergency described in section 3403, are performed shall conspicuously post a sign (in a location as described in subsection (c) so as to be clearly visible to patients) which reads: Research has indicated that mifepristone alone is not always effective in ending a pregnancy and that its effects can be blocked or reversed if the second pill has not yet been taken. If you change your mind prior to taking the second pill and desire to attempt to save your pregnancy, consult with a health care professional immediately.. (b) Lettering; size The sign required by subsection (a) shall be printed with lettering that is— (1) legible; and (2) at least three quarters of an inch boldfaced type. (c) Locations A facility in which chemical abortions are performed that is a private office or a freestanding surgical outpatient clinic shall post the sign required by subsection (a) in each patient waiting room and patient consultation room used by patients on whom chemical abortions are performed. A hospital or any other facility in which chemical abortions are performed that is not a private office or freestanding surgical outpatient clinic shall post the required sign in each patient admission area used by patients on whom chemical abortions are performed. 3405. Printed information and website (a) In general The Secretary shall publish, in English and in each language which is the primary language of 2 percent or more of the population of any State, and shall cause to be available on the website required by subsection (b), the following printed materials in such a way as to ensure that the information is easily comprehensible: (1) Materials designed to inform the woman of the possibility of reversing the effects of a chemical abortion utilizing mifepristone if she changes her mind. (2) Materials on the assistance and resources that may be available to help reverse the effects of a chemical abortion. (b) Website Not later than 30 days after the date of enactment of the Second Chance at Life Act of 2023 , the Secretary shall develop and maintain a website to provide the information described in subsection (a) in accordance with the following: (1) No information regarding who uses the website shall be collected or maintained. (2) The Secretary shall monitor on a regular basis the website to prevent and correct tampering. (3) The website shall be maintained at a minimum resolution of 70 DPI (dots per inch). (4) All pictures appearing on the website shall be a minimum of 200x300 pixels. (5) All letters on the website shall be a minimum of 12 point font. (6) All information and pictures on the website shall be accessible with an industry standard browser, requiring no additional plug-ins. 3406. Civil remedies (a) Civil suits for violation Except as provided in subsection (b), any of the following parties may bring a civil action before the appropriate Federal district court for actual and punitive damages against an abortion provider who knowingly or recklessly performed or attempted to perform a chemical abortion in violation of this title: (1) A person upon whom such a chemical abortion has been performed or attempted. (2) A father of an unborn child who is the subject of such a chemical abortion. (3) A parent of a person upon whom such a chemical abortion has been performed or attempted if such person had not attained 18 years of age at the time of such abortion or if such person died as the result of such abortion. (b) Barring suit A plaintiff may not bring a civil action under subsection (a) if a chemical abortion is performed or attempted with respect to a pregnancy that is the result of the plaintiff’s criminal conduct. (c) Attorney’s fee If a party described in paragraph (1), (2), or (3) of subsection (a) is the prevailing party in an action under this section, the court shall award a reasonable attorney’s fee to such party. If a defendant is the prevailing party in an action under this section, and the court finds that such action was frivolous or brought in bad faith, the court shall award a reasonable attorney’s fee to the defendant. 3. Preemption Nothing in this Act or the amendment made by this Act 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 Act. 4. Severability If any provision of this Act, or any application thereof, is found to be unconstitutional, the remainder of this Act and any application thereof shall not be affected by such finding.
15,756
[ "Energy and Commerce Committee" ]
118hr1798ih
118
hr
1,798
ih
To amend title 38, United States Code, to render an individual, who transfers certain educational assistance, to which the individual is entitled because of an agreement by such individual to serve in the Armed Forces, to a dependent of that individual, and who fails to complete such agreement, solely liable for the overpayment of such educational assistance, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Protect Military Dependents Act.", "id": "H383B7DE5B5F34C0390E428B86F7BAE2F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Sole liability for transferred educational assistance by an individual who fails to complete a service agreement \nSubsection (i) of section 3319 of title 38, United States Code, is amended— (1) in paragraph (1)— (A) by striking In the event and inserting Subject to paragraph (2), in the event ; and (B) by inserting of this title after section 3685 ; (2) in subparagraph (A) of paragraph (2)— (A) in the heading, by striking In general and inserting Sole liability ; and (B) by inserting for which the individual shall be solely liable to the United States for the amount of the overpayment for purposes of section 3685 of this title before the period at the end; and (3) in subparagraph (B) of paragraph (2)— (A) in the matter preceding clause (i), by striking Subparagraph (A) shall not apply and inserting Neither the individual nor the dependent shall be liable to the United States for the amount of the overpayment for purposes of section 3685 of this title ; and (B) in clause (ii), by inserting of this title after section 3311(c)(4).", "id": "HE6882DB90FB54D59BE4E40F91496BEC1", "header": "Sole liability for transferred educational assistance by an individual who fails to complete a service agreement", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Protect Military Dependents Act. 2. Sole liability for transferred educational assistance by an individual who fails to complete a service agreement Subsection (i) of section 3319 of title 38, United States Code, is amended— (1) in paragraph (1)— (A) by striking In the event and inserting Subject to paragraph (2), in the event ; and (B) by inserting of this title after section 3685 ; (2) in subparagraph (A) of paragraph (2)— (A) in the heading, by striking In general and inserting Sole liability ; and (B) by inserting for which the individual shall be solely liable to the United States for the amount of the overpayment for purposes of section 3685 of this title before the period at the end; and (3) in subparagraph (B) of paragraph (2)— (A) in the matter preceding clause (i), by striking Subparagraph (A) shall not apply and inserting Neither the individual nor the dependent shall be liable to the United States for the amount of the overpayment for purposes of section 3685 of this title ; and (B) in clause (ii), by inserting of this title after section 3311(c)(4).
1,124
[ "Veterans' Affairs Committee" ]
118hr3705ih
118
hr
3,705
ih
To require the Secretary of Transportation to issue regulations requiring a rail carrier to report certain damage if such carrier has a reasonable suspicion that an action carried out by the carrier caused such damage.
[ { "text": "1. Short title \nThis Act may be cited as the Helping Oversee and Ward off Infrastructure Emergencies Act or the HOWIE Act.", "id": "H897CF1907A35445C8057C7352CBB75AC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Standard for reporting certain damage relating to railroad operations \nThe Secretary of Transportation, acting through the Administrator of the Federal Railroad Administration, shall issue such regulations as are necessary to update section 225.9 of title 49, Code of Federal Regulations, to require a railroad to report a train accident resulting in damage described under such section, including any incident that causes a fire (including a brush fire) alongside a railroad track, if such railroad has a reasonable suspicion that an action carried out by the railroad caused such damage.", "id": "H82F09A226B654321AF8314C1846AD0DA", "header": "Standard for reporting certain damage relating to railroad operations", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Helping Oversee and Ward off Infrastructure Emergencies Act or the HOWIE Act. 2. Standard for reporting certain damage relating to railroad operations The Secretary of Transportation, acting through the Administrator of the Federal Railroad Administration, shall issue such regulations as are necessary to update section 225.9 of title 49, Code of Federal Regulations, to require a railroad to report a train accident resulting in damage described under such section, including any incident that causes a fire (including a brush fire) alongside a railroad track, if such railroad has a reasonable suspicion that an action carried out by the railroad caused such damage.
715
[ "Transportation and Infrastructure Committee" ]
118hr708ih
118
hr
708
ih
To require the Natural Resources Conservation Service to review the national conservation practice standards, taking into consideration climate benefits, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Climate Agricultural Conservation Practices Act.", "id": "HAED5BD5F9F704F1194F1A3D418731BA9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Consideration of climate benefits in conservation practice standards \nSection 1242(h) of the Food Security Act of 1985 ( 16 U.S.C. 3842(h) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking 1 year after the date of enactment of the Agriculture Improvement Act of 2018 and inserting 5 years after the date of enactment of the Climate Agricultural Conservation Practices Act ; (B) in subparagraph (C), by striking ; and and inserting a semicolon; (C) in subparagraph (D), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (E) evaluate the climate benefits of the standards. ; (2) in paragraph (3)(B), by striking conservation innovations and and inserting climate benefits, conservation innovations, and ; and (3) by adding at the end the following: (5) Climate benefit defined \nIn this subsection, the term climate benefit means— (A) a reduction in agricultural greenhouse gas emissions; (B) an increase in carbon sequestration; or (C) mitigation against, or adaptation to, increased weather volatility..", "id": "H57A0F61FF2FD4153A3D0B0AD1329C119", "header": "Consideration of climate benefits in conservation practice standards", "nested": [], "links": [ { "text": "16 U.S.C. 3842(h)", "legal-doc": "usc", "parsable-cite": "usc/16/3842" } ] } ]
2
1. Short title This Act may be cited as the Climate Agricultural Conservation Practices Act. 2. Consideration of climate benefits in conservation practice standards Section 1242(h) of the Food Security Act of 1985 ( 16 U.S.C. 3842(h) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking 1 year after the date of enactment of the Agriculture Improvement Act of 2018 and inserting 5 years after the date of enactment of the Climate Agricultural Conservation Practices Act ; (B) in subparagraph (C), by striking ; and and inserting a semicolon; (C) in subparagraph (D), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (E) evaluate the climate benefits of the standards. ; (2) in paragraph (3)(B), by striking conservation innovations and and inserting climate benefits, conservation innovations, and ; and (3) by adding at the end the following: (5) Climate benefit defined In this subsection, the term climate benefit means— (A) a reduction in agricultural greenhouse gas emissions; (B) an increase in carbon sequestration; or (C) mitigation against, or adaptation to, increased weather volatility..
1,172
[ "Agriculture Committee" ]
118hr6555ih
118
hr
6,555
ih
To modify the competitive need limitation with respect to the generalized system of preferences, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the CNL Update Act of 2023.", "id": "HD9DCFC11040D4144B844D30A7AE0E070", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Modification of competitive need limitation \n(a) Modification \nSection 503 of the Trade Act of 1974 ( 19 U.S.C. 2463 ) is amended— (1) in subsection (c)(2)(A)(i)— (A) by striking after December 31, 1995— (I) a quantity and inserting after December 31, 1995, a quantity ; and (B) by striking calendar year, or and all that follows through the President shall, and inserting calendar year, the President shall, ; (2) in subsection (c)(2)(A)(ii)— (A) in subclause (I), by striking for 1996, $75,000,000 and inserting for calendar year 2023, $600,000,000 ; and (B) in subclause (II), by striking $5,000,000 and inserting 5 percent of such applicable amount ; (3) in subsection (c)(2)(C), by striking may, subject and inserting should, subject ; (4) by striking subsection (c)(2)(E) and subsection (c)(2)(F); (5) by inserting after subsection (c)(2)(D) the following new subparagraph: (E) Calculation of limitations \nThere shall be counted against the limitations imposed under subparagraph (A) for any calendar year only that value of any eligible article of a beneficiary developing country that entered duty-free under this title during such calendar year. ; (6) in subsection (d)(1), by striking if, before and all that follows through the President and inserting if the President ; and (7) in subsection (d)(4)(B)(ii)— (A) in subclause (I), by striking ; or and inserting a period; (B) in the matter preceding subclause (I), by striking a quantity of the article—(I) having an appraised value and inserting a quantity of the article having an appraised value ; and (C) by striking subclause (II). (b) Applicability \n(1) In general \nThe amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Restoration of duty-free treatment \n(A) List required \nNot later than 120 days after the date of the enactment of this Act, the President shall— (i) list each article with respect to which such treatment was eliminated pursuant to subsection (c) of section 503 of the Trade Act of 1974, as in effect on December 31, 2020, that is eligible for such treatment pursuant to such section 503 as amended by this Act; and (ii) determine, with respect to each such article, whether the article is a potentially sensitive product that warrants review pursuant to subsection (c)(1) of such section 503 for the continued withholding of duty-free treatment. (B) Prompt restoration \nExcept for articles for which the President makes an affirmative determination pursuant to subparagraph (A)(ii), the President shall restore duty-free treatment to each article included in the list described in subparagraph (A)(i) on such 120th day after date of enactment. (3) Expedited review of certain articles for exclusion from duty-free treatment \nThe President shall review, pursuant to section 503(c)(1) of the Trade Act of 1974 ( 19 U.S.C. 2463(c)(1) ), whether duty-free treatment should continue to be withheld from each article for which the President makes an affirmative determination pursuant to paragraph (2)(A)(ii). Not later than 1 year after the date of the enactment of this Act, the President shall restore duty-free treatment to each article for which such review determines that such treatment should not be withheld. (4) Reports \nNot later than 1 year after the date of the enactment of this Act, the President shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing— (A) the results of the reviews conducted pursuant to paragraph (3); and (B) justifications for the reasons for which duty-free treatment was withheld or restored with respect to articles described in such paragraph.", "id": "H7F26016A40BA4FFEA1693BA219461BAF", "header": "Modification of competitive need limitation", "nested": [ { "text": "(a) Modification \nSection 503 of the Trade Act of 1974 ( 19 U.S.C. 2463 ) is amended— (1) in subsection (c)(2)(A)(i)— (A) by striking after December 31, 1995— (I) a quantity and inserting after December 31, 1995, a quantity ; and (B) by striking calendar year, or and all that follows through the President shall, and inserting calendar year, the President shall, ; (2) in subsection (c)(2)(A)(ii)— (A) in subclause (I), by striking for 1996, $75,000,000 and inserting for calendar year 2023, $600,000,000 ; and (B) in subclause (II), by striking $5,000,000 and inserting 5 percent of such applicable amount ; (3) in subsection (c)(2)(C), by striking may, subject and inserting should, subject ; (4) by striking subsection (c)(2)(E) and subsection (c)(2)(F); (5) by inserting after subsection (c)(2)(D) the following new subparagraph: (E) Calculation of limitations \nThere shall be counted against the limitations imposed under subparagraph (A) for any calendar year only that value of any eligible article of a beneficiary developing country that entered duty-free under this title during such calendar year. ; (6) in subsection (d)(1), by striking if, before and all that follows through the President and inserting if the President ; and (7) in subsection (d)(4)(B)(ii)— (A) in subclause (I), by striking ; or and inserting a period; (B) in the matter preceding subclause (I), by striking a quantity of the article—(I) having an appraised value and inserting a quantity of the article having an appraised value ; and (C) by striking subclause (II).", "id": "H97653E350D3D489A8BCE97040D36A051", "header": "Modification", "nested": [], "links": [ { "text": "19 U.S.C. 2463", "legal-doc": "usc", "parsable-cite": "usc/19/2463" } ] }, { "text": "(b) Applicability \n(1) In general \nThe amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Restoration of duty-free treatment \n(A) List required \nNot later than 120 days after the date of the enactment of this Act, the President shall— (i) list each article with respect to which such treatment was eliminated pursuant to subsection (c) of section 503 of the Trade Act of 1974, as in effect on December 31, 2020, that is eligible for such treatment pursuant to such section 503 as amended by this Act; and (ii) determine, with respect to each such article, whether the article is a potentially sensitive product that warrants review pursuant to subsection (c)(1) of such section 503 for the continued withholding of duty-free treatment. (B) Prompt restoration \nExcept for articles for which the President makes an affirmative determination pursuant to subparagraph (A)(ii), the President shall restore duty-free treatment to each article included in the list described in subparagraph (A)(i) on such 120th day after date of enactment. (3) Expedited review of certain articles for exclusion from duty-free treatment \nThe President shall review, pursuant to section 503(c)(1) of the Trade Act of 1974 ( 19 U.S.C. 2463(c)(1) ), whether duty-free treatment should continue to be withheld from each article for which the President makes an affirmative determination pursuant to paragraph (2)(A)(ii). Not later than 1 year after the date of the enactment of this Act, the President shall restore duty-free treatment to each article for which such review determines that such treatment should not be withheld. (4) Reports \nNot later than 1 year after the date of the enactment of this Act, the President shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing— (A) the results of the reviews conducted pursuant to paragraph (3); and (B) justifications for the reasons for which duty-free treatment was withheld or restored with respect to articles described in such paragraph.", "id": "H05B25766948C4E4397CE8D74C3D0040E", "header": "Applicability", "nested": [], "links": [ { "text": "19 U.S.C. 2463(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/19/2463" } ] } ], "links": [ { "text": "19 U.S.C. 2463", "legal-doc": "usc", "parsable-cite": "usc/19/2463" }, { "text": "19 U.S.C. 2463(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/19/2463" } ] } ]
2
1. Short title This Act may be cited as the CNL Update Act of 2023. 2. Modification of competitive need limitation (a) Modification Section 503 of the Trade Act of 1974 ( 19 U.S.C. 2463 ) is amended— (1) in subsection (c)(2)(A)(i)— (A) by striking after December 31, 1995— (I) a quantity and inserting after December 31, 1995, a quantity ; and (B) by striking calendar year, or and all that follows through the President shall, and inserting calendar year, the President shall, ; (2) in subsection (c)(2)(A)(ii)— (A) in subclause (I), by striking for 1996, $75,000,000 and inserting for calendar year 2023, $600,000,000 ; and (B) in subclause (II), by striking $5,000,000 and inserting 5 percent of such applicable amount ; (3) in subsection (c)(2)(C), by striking may, subject and inserting should, subject ; (4) by striking subsection (c)(2)(E) and subsection (c)(2)(F); (5) by inserting after subsection (c)(2)(D) the following new subparagraph: (E) Calculation of limitations There shall be counted against the limitations imposed under subparagraph (A) for any calendar year only that value of any eligible article of a beneficiary developing country that entered duty-free under this title during such calendar year. ; (6) in subsection (d)(1), by striking if, before and all that follows through the President and inserting if the President ; and (7) in subsection (d)(4)(B)(ii)— (A) in subclause (I), by striking ; or and inserting a period; (B) in the matter preceding subclause (I), by striking a quantity of the article—(I) having an appraised value and inserting a quantity of the article having an appraised value ; and (C) by striking subclause (II). (b) Applicability (1) In general The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Restoration of duty-free treatment (A) List required Not later than 120 days after the date of the enactment of this Act, the President shall— (i) list each article with respect to which such treatment was eliminated pursuant to subsection (c) of section 503 of the Trade Act of 1974, as in effect on December 31, 2020, that is eligible for such treatment pursuant to such section 503 as amended by this Act; and (ii) determine, with respect to each such article, whether the article is a potentially sensitive product that warrants review pursuant to subsection (c)(1) of such section 503 for the continued withholding of duty-free treatment. (B) Prompt restoration Except for articles for which the President makes an affirmative determination pursuant to subparagraph (A)(ii), the President shall restore duty-free treatment to each article included in the list described in subparagraph (A)(i) on such 120th day after date of enactment. (3) Expedited review of certain articles for exclusion from duty-free treatment The President shall review, pursuant to section 503(c)(1) of the Trade Act of 1974 ( 19 U.S.C. 2463(c)(1) ), whether duty-free treatment should continue to be withheld from each article for which the President makes an affirmative determination pursuant to paragraph (2)(A)(ii). Not later than 1 year after the date of the enactment of this Act, the President shall restore duty-free treatment to each article for which such review determines that such treatment should not be withheld. (4) Reports Not later than 1 year after the date of the enactment of this Act, the President shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing— (A) the results of the reviews conducted pursuant to paragraph (3); and (B) justifications for the reasons for which duty-free treatment was withheld or restored with respect to articles described in such paragraph.
3,771
[ "Ways and Means Committee" ]
118hr2904ih
118
hr
2,904
ih
To amend the Public Health Service Act to provide for public health research and investment into understanding and eliminating structural racism and police violence.
[ { "text": "1. Short title \nThis Act may be cited as the Anti-Racism in Public Health Act of 2023.", "id": "H84D660A6A5814A23BBEA10636120FD21", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Antiracism \nThe term antiracism is a collection of antiracist policies that lead to racial equity, and are substantiated by antiracist ideas. (2) Antiracist \nThe term antiracist is any measure that produces or sustains racial equity between racial groups.", "id": "H69D02A2D7F55468AA57A3C4C895C1C2D", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Public health research and investment in dismantling structural racism \nPart B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by adding at the end the following: 320B. National center on Antiracism and Health \n(a) In general \n(1) National center \nThere is established within the Centers for Disease Control and Prevention a center to be known as the National Center on Antiracism and Health (referred to in this section as the Center ). The Director of the Centers for Disease Control and Prevention shall appoint a director to head the Center who has experience living in and working with racial and ethnic minority communities. The Center shall promote public health by— (A) declaring racism a public health crisis and naming racism as an historical and present threat to the physical and mental health and well-being of the United States and world; (B) aiming to develop new knowledge in the science and practice of antiracism, including by identifying the mechanisms by which racism operates in the provision of health care and in systems that impact health and well-being; (C) transferring that knowledge into practice, including by developing interventions that dismantle the mechanisms of racism and replace such mechanisms with equitable structures, policies, practices, norms, and values so that a healthy society can be realized; and (D) contributing to a national and global conversation regarding the impacts of racism on the health and well-being of the United States and world. (2) General duties \nThe Secretary, acting through the Center, shall undertake activities to carry out the mission of the Center as described in paragraph (1), such as the following: (A) Conduct research into, collect, analyze and make publicly available data on, and provide leadership and coordination for the science and practice of antiracism, the public health impacts of structural racism, and the effectiveness of intervention strategies to address these impacts. Topics of research and data collection under this subparagraph may include identifying and understanding— (i) policies and practices that have a disparate impact on the health and well-being of communities of color; (ii) the public health impacts of implicit racial bias, White supremacy, weathering, xenophobia, discrimination, and prejudice; (iii) the social determinants of health resulting from structural racism, including poverty, housing, employment, political participation, and environmental factors; and (iv) the intersection of racism and other systems of oppression, including as related to age, sexual orientation, gender identity, and disability status. (B) Award noncompetitive grants and cooperative agreements to eligible public and nonprofit private entities, including State, local, territorial, and Tribal health agencies and organizations, for the research and collection, analysis, and reporting of data on the topics described in subparagraph (A). (C) Establish, through grants or cooperative agreements, at least 3 regional centers of excellence, located in racial and ethnic minority communities, in antiracism for the purpose of developing new knowledge in the science and practice of antiracism in health by researching, understanding, and identifying the mechanisms by which racism operates in the health space, racial and ethnic inequities in health care access and outcomes, the history of successful antiracist movements in health, and other antiracist public health work. (D) Establish a clearinghouse within the Centers for Disease Control and Prevention for the collection and storage of data generated under the programs implemented under this section for which there is not an otherwise existing surveillance system at the Centers for Disease Control and Prevention. Such data shall— (i) be comprehensive and dis­ag­gre­gat­ed, to the extent practicable, by including racial, ethnic, primary language, sex, gender identity, sexual orientation, age, socioeconomic status, and disability disparities; (ii) be made publicly available; (iii) protect the privacy of individuals whose information is included in such data; and (iv) comply with privacy protections under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (E) Provide information and education to the public on the public health impacts of structural racism and on antiracist public health interventions. (F) Consult with other Centers and National Institutes within the Centers for Disease Control and Prevention, including the Office of Minority Health and Health Equity and the Center for State, Tribal, Local, and Territorial Support, to ensure that scientific and programmatic activities initiated by the agency consider structural racism in their designs, conceptualizations, and executions, which shall include— (i) putting measures of racism in population-based surveys; (ii) establishing a Federal Advisory Committee on racism and health for the Centers for Disease Control and Prevention; (iii) developing training programs, curricula, and seminars for the purposes of training public health professionals and researchers around issues of race, racism, and antiracism; (iv) providing standards and best practices for programming and grant recipient compliance with Federal data collection standards, including section 4302 of the Patient Protection and Affordable Care Act; and (v) establishing leadership and stakeholder councils with experts and leaders in racism and public health disparities. (G) Coordinate with the Indian Health Service and with the Centers for Disease Control and Prevention’s Tribal Advisory Committee to ensure meaningful Tribal consultation, the gathering of information from Tribal authorities, and respect for Tribal data sovereignty. (H) Engage in government to government consultation with Indian Tribes and Tribal organizations. (I) At least every 2 years, produce and publicly post on the Centers for Disease Control and Prevention’s website a report on antiracist activities completed by the Center, which may include newly identified antiracist public health practices. (b) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section..", "id": "HAE4A2FE5DA7B4421B0A0D6A1739075CB", "header": "Public health research and investment in dismantling structural racism", "nested": [], "links": [ { "text": "42 U.S.C. 243 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/243" } ] }, { "text": "320B. National center on Antiracism and Health \n(a) In general \n(1) National center \nThere is established within the Centers for Disease Control and Prevention a center to be known as the National Center on Antiracism and Health (referred to in this section as the Center ). The Director of the Centers for Disease Control and Prevention shall appoint a director to head the Center who has experience living in and working with racial and ethnic minority communities. The Center shall promote public health by— (A) declaring racism a public health crisis and naming racism as an historical and present threat to the physical and mental health and well-being of the United States and world; (B) aiming to develop new knowledge in the science and practice of antiracism, including by identifying the mechanisms by which racism operates in the provision of health care and in systems that impact health and well-being; (C) transferring that knowledge into practice, including by developing interventions that dismantle the mechanisms of racism and replace such mechanisms with equitable structures, policies, practices, norms, and values so that a healthy society can be realized; and (D) contributing to a national and global conversation regarding the impacts of racism on the health and well-being of the United States and world. (2) General duties \nThe Secretary, acting through the Center, shall undertake activities to carry out the mission of the Center as described in paragraph (1), such as the following: (A) Conduct research into, collect, analyze and make publicly available data on, and provide leadership and coordination for the science and practice of antiracism, the public health impacts of structural racism, and the effectiveness of intervention strategies to address these impacts. Topics of research and data collection under this subparagraph may include identifying and understanding— (i) policies and practices that have a disparate impact on the health and well-being of communities of color; (ii) the public health impacts of implicit racial bias, White supremacy, weathering, xenophobia, discrimination, and prejudice; (iii) the social determinants of health resulting from structural racism, including poverty, housing, employment, political participation, and environmental factors; and (iv) the intersection of racism and other systems of oppression, including as related to age, sexual orientation, gender identity, and disability status. (B) Award noncompetitive grants and cooperative agreements to eligible public and nonprofit private entities, including State, local, territorial, and Tribal health agencies and organizations, for the research and collection, analysis, and reporting of data on the topics described in subparagraph (A). (C) Establish, through grants or cooperative agreements, at least 3 regional centers of excellence, located in racial and ethnic minority communities, in antiracism for the purpose of developing new knowledge in the science and practice of antiracism in health by researching, understanding, and identifying the mechanisms by which racism operates in the health space, racial and ethnic inequities in health care access and outcomes, the history of successful antiracist movements in health, and other antiracist public health work. (D) Establish a clearinghouse within the Centers for Disease Control and Prevention for the collection and storage of data generated under the programs implemented under this section for which there is not an otherwise existing surveillance system at the Centers for Disease Control and Prevention. Such data shall— (i) be comprehensive and dis­ag­gre­gat­ed, to the extent practicable, by including racial, ethnic, primary language, sex, gender identity, sexual orientation, age, socioeconomic status, and disability disparities; (ii) be made publicly available; (iii) protect the privacy of individuals whose information is included in such data; and (iv) comply with privacy protections under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (E) Provide information and education to the public on the public health impacts of structural racism and on antiracist public health interventions. (F) Consult with other Centers and National Institutes within the Centers for Disease Control and Prevention, including the Office of Minority Health and Health Equity and the Center for State, Tribal, Local, and Territorial Support, to ensure that scientific and programmatic activities initiated by the agency consider structural racism in their designs, conceptualizations, and executions, which shall include— (i) putting measures of racism in population-based surveys; (ii) establishing a Federal Advisory Committee on racism and health for the Centers for Disease Control and Prevention; (iii) developing training programs, curricula, and seminars for the purposes of training public health professionals and researchers around issues of race, racism, and antiracism; (iv) providing standards and best practices for programming and grant recipient compliance with Federal data collection standards, including section 4302 of the Patient Protection and Affordable Care Act; and (v) establishing leadership and stakeholder councils with experts and leaders in racism and public health disparities. (G) Coordinate with the Indian Health Service and with the Centers for Disease Control and Prevention’s Tribal Advisory Committee to ensure meaningful Tribal consultation, the gathering of information from Tribal authorities, and respect for Tribal data sovereignty. (H) Engage in government to government consultation with Indian Tribes and Tribal organizations. (I) At least every 2 years, produce and publicly post on the Centers for Disease Control and Prevention’s website a report on antiracist activities completed by the Center, which may include newly identified antiracist public health practices. (b) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H20C3C3FD25954881A64D36096683EA03", "header": "National center on Antiracism and Health", "nested": [ { "text": "(a) In general \n(1) National center \nThere is established within the Centers for Disease Control and Prevention a center to be known as the National Center on Antiracism and Health (referred to in this section as the Center ). The Director of the Centers for Disease Control and Prevention shall appoint a director to head the Center who has experience living in and working with racial and ethnic minority communities. The Center shall promote public health by— (A) declaring racism a public health crisis and naming racism as an historical and present threat to the physical and mental health and well-being of the United States and world; (B) aiming to develop new knowledge in the science and practice of antiracism, including by identifying the mechanisms by which racism operates in the provision of health care and in systems that impact health and well-being; (C) transferring that knowledge into practice, including by developing interventions that dismantle the mechanisms of racism and replace such mechanisms with equitable structures, policies, practices, norms, and values so that a healthy society can be realized; and (D) contributing to a national and global conversation regarding the impacts of racism on the health and well-being of the United States and world. (2) General duties \nThe Secretary, acting through the Center, shall undertake activities to carry out the mission of the Center as described in paragraph (1), such as the following: (A) Conduct research into, collect, analyze and make publicly available data on, and provide leadership and coordination for the science and practice of antiracism, the public health impacts of structural racism, and the effectiveness of intervention strategies to address these impacts. Topics of research and data collection under this subparagraph may include identifying and understanding— (i) policies and practices that have a disparate impact on the health and well-being of communities of color; (ii) the public health impacts of implicit racial bias, White supremacy, weathering, xenophobia, discrimination, and prejudice; (iii) the social determinants of health resulting from structural racism, including poverty, housing, employment, political participation, and environmental factors; and (iv) the intersection of racism and other systems of oppression, including as related to age, sexual orientation, gender identity, and disability status. (B) Award noncompetitive grants and cooperative agreements to eligible public and nonprofit private entities, including State, local, territorial, and Tribal health agencies and organizations, for the research and collection, analysis, and reporting of data on the topics described in subparagraph (A). (C) Establish, through grants or cooperative agreements, at least 3 regional centers of excellence, located in racial and ethnic minority communities, in antiracism for the purpose of developing new knowledge in the science and practice of antiracism in health by researching, understanding, and identifying the mechanisms by which racism operates in the health space, racial and ethnic inequities in health care access and outcomes, the history of successful antiracist movements in health, and other antiracist public health work. (D) Establish a clearinghouse within the Centers for Disease Control and Prevention for the collection and storage of data generated under the programs implemented under this section for which there is not an otherwise existing surveillance system at the Centers for Disease Control and Prevention. Such data shall— (i) be comprehensive and dis­ag­gre­gat­ed, to the extent practicable, by including racial, ethnic, primary language, sex, gender identity, sexual orientation, age, socioeconomic status, and disability disparities; (ii) be made publicly available; (iii) protect the privacy of individuals whose information is included in such data; and (iv) comply with privacy protections under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (E) Provide information and education to the public on the public health impacts of structural racism and on antiracist public health interventions. (F) Consult with other Centers and National Institutes within the Centers for Disease Control and Prevention, including the Office of Minority Health and Health Equity and the Center for State, Tribal, Local, and Territorial Support, to ensure that scientific and programmatic activities initiated by the agency consider structural racism in their designs, conceptualizations, and executions, which shall include— (i) putting measures of racism in population-based surveys; (ii) establishing a Federal Advisory Committee on racism and health for the Centers for Disease Control and Prevention; (iii) developing training programs, curricula, and seminars for the purposes of training public health professionals and researchers around issues of race, racism, and antiracism; (iv) providing standards and best practices for programming and grant recipient compliance with Federal data collection standards, including section 4302 of the Patient Protection and Affordable Care Act; and (v) establishing leadership and stakeholder councils with experts and leaders in racism and public health disparities. (G) Coordinate with the Indian Health Service and with the Centers for Disease Control and Prevention’s Tribal Advisory Committee to ensure meaningful Tribal consultation, the gathering of information from Tribal authorities, and respect for Tribal data sovereignty. (H) Engage in government to government consultation with Indian Tribes and Tribal organizations. (I) At least every 2 years, produce and publicly post on the Centers for Disease Control and Prevention’s website a report on antiracist activities completed by the Center, which may include newly identified antiracist public health practices.", "id": "HA152DBBADE864B418B32C794D3F2C883", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H88CB1E7C31594DA5AE76FB03413E27C8", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Public health research and investment in police violence \n(a) In general \nThe Secretary of Health and Human Services shall establish within the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention (referred to in this section as the Center ) a law enforcement violence prevention program. (b) General duties \nIn implementing the program under subsection (a), the Center shall conduct research into, and provide leadership and coordination for— (1) the understanding and promotion of knowledge about the public health impacts of uses of force by law enforcement, including police brutality and violence; (2) developing public health interventions and perspectives for eliminating deaths, injury, trauma, and negative mental health effects from police presence and interactions, including police brutality and violence; and (3) ensuring comprehensive data collection, analysis, and reporting regarding police violence and misconduct in consultation with the Department of Justice and independent researchers. (c) Functions \nUnder the program under subsection (a), the Center shall— (1) summarize and enhance the knowledge of the distribution, status, and characteristics of law enforcement-related death, trauma, and injury; (2) conduct research and prepare, with the assistance of State public health departments— (A) statistics on law enforcement-related death, injury, and brutality; (B) studies of the factors, including legal, socioeconomic, discrimination, and other factors that correlate with or influence police brutality; (C) public information about uses of force by law enforcement, including police brutality and violence, for the practical use of the public health community, including publications that synthesize information relevant to the national goal of understanding police violence and methods for its control; (D) information to identify socioeconomic groups, communities, and geographic areas in need of study, and a strategic plan for research necessary to comprehend the extent and nature of police uses of force by law enforcement, including police brutality and violence, and determine what options exist to reduce or eradicate death and injury that result; and (E) best practices in police violence prevention in other countries; (3) award grants, contracts, and cooperative agreements to provide for the conduct of epidemiologic research on uses of force by law enforcement, including police brutality and violence, by Federal, State, local, and private agencies, institutions, organizations, and individuals; (4) award grants, contracts, and cooperative agreements to community groups, independent research organizations, academic institutions, and other entities to support, execute, or conduct research on interventions to reduce or eliminate uses of force by law enforcement, including police brutality and violence; (5) coordinate with the Department of Justice, and other Federal, State, and local agencies on the standardization of data collection, storage, and retrieval necessary to collect, evaluate, analyze, and disseminate information about the extent and nature of uses of force by law enforcement, including police brutality and violence, as well as options for the eradication of such practices; (6) submit an annual report to Congress on research findings with recommendations to improve data collection and standardization and to disrupt processes in policing that preserve and reinforce racism and racial disparities in public health; (7) conduct primary research and explore uses of force by law enforcement, including police brutality and violence, and options for its control; and (8) study alternatives to law enforcement response as a method of reducing police violence. (d) Authorization of appropriations \nThere is authorized to be appropriated, such sums as may be necessary to carry out this section.", "id": "H0B367A7871D24A20A5D9D7C5E6F1C87A", "header": "Public health research and investment in police violence", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services shall establish within the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention (referred to in this section as the Center ) a law enforcement violence prevention program.", "id": "H0AE708D3109544B095AFC023678D561C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) General duties \nIn implementing the program under subsection (a), the Center shall conduct research into, and provide leadership and coordination for— (1) the understanding and promotion of knowledge about the public health impacts of uses of force by law enforcement, including police brutality and violence; (2) developing public health interventions and perspectives for eliminating deaths, injury, trauma, and negative mental health effects from police presence and interactions, including police brutality and violence; and (3) ensuring comprehensive data collection, analysis, and reporting regarding police violence and misconduct in consultation with the Department of Justice and independent researchers.", "id": "H58DCB97CACD24B80ABEA982E7574D0A8", "header": "General duties", "nested": [], "links": [] }, { "text": "(c) Functions \nUnder the program under subsection (a), the Center shall— (1) summarize and enhance the knowledge of the distribution, status, and characteristics of law enforcement-related death, trauma, and injury; (2) conduct research and prepare, with the assistance of State public health departments— (A) statistics on law enforcement-related death, injury, and brutality; (B) studies of the factors, including legal, socioeconomic, discrimination, and other factors that correlate with or influence police brutality; (C) public information about uses of force by law enforcement, including police brutality and violence, for the practical use of the public health community, including publications that synthesize information relevant to the national goal of understanding police violence and methods for its control; (D) information to identify socioeconomic groups, communities, and geographic areas in need of study, and a strategic plan for research necessary to comprehend the extent and nature of police uses of force by law enforcement, including police brutality and violence, and determine what options exist to reduce or eradicate death and injury that result; and (E) best practices in police violence prevention in other countries; (3) award grants, contracts, and cooperative agreements to provide for the conduct of epidemiologic research on uses of force by law enforcement, including police brutality and violence, by Federal, State, local, and private agencies, institutions, organizations, and individuals; (4) award grants, contracts, and cooperative agreements to community groups, independent research organizations, academic institutions, and other entities to support, execute, or conduct research on interventions to reduce or eliminate uses of force by law enforcement, including police brutality and violence; (5) coordinate with the Department of Justice, and other Federal, State, and local agencies on the standardization of data collection, storage, and retrieval necessary to collect, evaluate, analyze, and disseminate information about the extent and nature of uses of force by law enforcement, including police brutality and violence, as well as options for the eradication of such practices; (6) submit an annual report to Congress on research findings with recommendations to improve data collection and standardization and to disrupt processes in policing that preserve and reinforce racism and racial disparities in public health; (7) conduct primary research and explore uses of force by law enforcement, including police brutality and violence, and options for its control; and (8) study alternatives to law enforcement response as a method of reducing police violence.", "id": "HB032C80CC16341EC966A78140AB004F7", "header": "Functions", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere is authorized to be appropriated, such sums as may be necessary to carry out this section.", "id": "HE3676B877128457BAB36925F65B44525", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]
5
1. Short title This Act may be cited as the Anti-Racism in Public Health Act of 2023. 2. Definitions In this Act: (1) Antiracism The term antiracism is a collection of antiracist policies that lead to racial equity, and are substantiated by antiracist ideas. (2) Antiracist The term antiracist is any measure that produces or sustains racial equity between racial groups. 3. Public health research and investment in dismantling structural racism Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by adding at the end the following: 320B. National center on Antiracism and Health (a) In general (1) National center There is established within the Centers for Disease Control and Prevention a center to be known as the National Center on Antiracism and Health (referred to in this section as the Center ). The Director of the Centers for Disease Control and Prevention shall appoint a director to head the Center who has experience living in and working with racial and ethnic minority communities. The Center shall promote public health by— (A) declaring racism a public health crisis and naming racism as an historical and present threat to the physical and mental health and well-being of the United States and world; (B) aiming to develop new knowledge in the science and practice of antiracism, including by identifying the mechanisms by which racism operates in the provision of health care and in systems that impact health and well-being; (C) transferring that knowledge into practice, including by developing interventions that dismantle the mechanisms of racism and replace such mechanisms with equitable structures, policies, practices, norms, and values so that a healthy society can be realized; and (D) contributing to a national and global conversation regarding the impacts of racism on the health and well-being of the United States and world. (2) General duties The Secretary, acting through the Center, shall undertake activities to carry out the mission of the Center as described in paragraph (1), such as the following: (A) Conduct research into, collect, analyze and make publicly available data on, and provide leadership and coordination for the science and practice of antiracism, the public health impacts of structural racism, and the effectiveness of intervention strategies to address these impacts. Topics of research and data collection under this subparagraph may include identifying and understanding— (i) policies and practices that have a disparate impact on the health and well-being of communities of color; (ii) the public health impacts of implicit racial bias, White supremacy, weathering, xenophobia, discrimination, and prejudice; (iii) the social determinants of health resulting from structural racism, including poverty, housing, employment, political participation, and environmental factors; and (iv) the intersection of racism and other systems of oppression, including as related to age, sexual orientation, gender identity, and disability status. (B) Award noncompetitive grants and cooperative agreements to eligible public and nonprofit private entities, including State, local, territorial, and Tribal health agencies and organizations, for the research and collection, analysis, and reporting of data on the topics described in subparagraph (A). (C) Establish, through grants or cooperative agreements, at least 3 regional centers of excellence, located in racial and ethnic minority communities, in antiracism for the purpose of developing new knowledge in the science and practice of antiracism in health by researching, understanding, and identifying the mechanisms by which racism operates in the health space, racial and ethnic inequities in health care access and outcomes, the history of successful antiracist movements in health, and other antiracist public health work. (D) Establish a clearinghouse within the Centers for Disease Control and Prevention for the collection and storage of data generated under the programs implemented under this section for which there is not an otherwise existing surveillance system at the Centers for Disease Control and Prevention. Such data shall— (i) be comprehensive and dis­ag­gre­gat­ed, to the extent practicable, by including racial, ethnic, primary language, sex, gender identity, sexual orientation, age, socioeconomic status, and disability disparities; (ii) be made publicly available; (iii) protect the privacy of individuals whose information is included in such data; and (iv) comply with privacy protections under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (E) Provide information and education to the public on the public health impacts of structural racism and on antiracist public health interventions. (F) Consult with other Centers and National Institutes within the Centers for Disease Control and Prevention, including the Office of Minority Health and Health Equity and the Center for State, Tribal, Local, and Territorial Support, to ensure that scientific and programmatic activities initiated by the agency consider structural racism in their designs, conceptualizations, and executions, which shall include— (i) putting measures of racism in population-based surveys; (ii) establishing a Federal Advisory Committee on racism and health for the Centers for Disease Control and Prevention; (iii) developing training programs, curricula, and seminars for the purposes of training public health professionals and researchers around issues of race, racism, and antiracism; (iv) providing standards and best practices for programming and grant recipient compliance with Federal data collection standards, including section 4302 of the Patient Protection and Affordable Care Act; and (v) establishing leadership and stakeholder councils with experts and leaders in racism and public health disparities. (G) Coordinate with the Indian Health Service and with the Centers for Disease Control and Prevention’s Tribal Advisory Committee to ensure meaningful Tribal consultation, the gathering of information from Tribal authorities, and respect for Tribal data sovereignty. (H) Engage in government to government consultation with Indian Tribes and Tribal organizations. (I) At least every 2 years, produce and publicly post on the Centers for Disease Control and Prevention’s website a report on antiracist activities completed by the Center, which may include newly identified antiracist public health practices. (b) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section.. 320B. National center on Antiracism and Health (a) In general (1) National center There is established within the Centers for Disease Control and Prevention a center to be known as the National Center on Antiracism and Health (referred to in this section as the Center ). The Director of the Centers for Disease Control and Prevention shall appoint a director to head the Center who has experience living in and working with racial and ethnic minority communities. The Center shall promote public health by— (A) declaring racism a public health crisis and naming racism as an historical and present threat to the physical and mental health and well-being of the United States and world; (B) aiming to develop new knowledge in the science and practice of antiracism, including by identifying the mechanisms by which racism operates in the provision of health care and in systems that impact health and well-being; (C) transferring that knowledge into practice, including by developing interventions that dismantle the mechanisms of racism and replace such mechanisms with equitable structures, policies, practices, norms, and values so that a healthy society can be realized; and (D) contributing to a national and global conversation regarding the impacts of racism on the health and well-being of the United States and world. (2) General duties The Secretary, acting through the Center, shall undertake activities to carry out the mission of the Center as described in paragraph (1), such as the following: (A) Conduct research into, collect, analyze and make publicly available data on, and provide leadership and coordination for the science and practice of antiracism, the public health impacts of structural racism, and the effectiveness of intervention strategies to address these impacts. Topics of research and data collection under this subparagraph may include identifying and understanding— (i) policies and practices that have a disparate impact on the health and well-being of communities of color; (ii) the public health impacts of implicit racial bias, White supremacy, weathering, xenophobia, discrimination, and prejudice; (iii) the social determinants of health resulting from structural racism, including poverty, housing, employment, political participation, and environmental factors; and (iv) the intersection of racism and other systems of oppression, including as related to age, sexual orientation, gender identity, and disability status. (B) Award noncompetitive grants and cooperative agreements to eligible public and nonprofit private entities, including State, local, territorial, and Tribal health agencies and organizations, for the research and collection, analysis, and reporting of data on the topics described in subparagraph (A). (C) Establish, through grants or cooperative agreements, at least 3 regional centers of excellence, located in racial and ethnic minority communities, in antiracism for the purpose of developing new knowledge in the science and practice of antiracism in health by researching, understanding, and identifying the mechanisms by which racism operates in the health space, racial and ethnic inequities in health care access and outcomes, the history of successful antiracist movements in health, and other antiracist public health work. (D) Establish a clearinghouse within the Centers for Disease Control and Prevention for the collection and storage of data generated under the programs implemented under this section for which there is not an otherwise existing surveillance system at the Centers for Disease Control and Prevention. Such data shall— (i) be comprehensive and dis­ag­gre­gat­ed, to the extent practicable, by including racial, ethnic, primary language, sex, gender identity, sexual orientation, age, socioeconomic status, and disability disparities; (ii) be made publicly available; (iii) protect the privacy of individuals whose information is included in such data; and (iv) comply with privacy protections under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (E) Provide information and education to the public on the public health impacts of structural racism and on antiracist public health interventions. (F) Consult with other Centers and National Institutes within the Centers for Disease Control and Prevention, including the Office of Minority Health and Health Equity and the Center for State, Tribal, Local, and Territorial Support, to ensure that scientific and programmatic activities initiated by the agency consider structural racism in their designs, conceptualizations, and executions, which shall include— (i) putting measures of racism in population-based surveys; (ii) establishing a Federal Advisory Committee on racism and health for the Centers for Disease Control and Prevention; (iii) developing training programs, curricula, and seminars for the purposes of training public health professionals and researchers around issues of race, racism, and antiracism; (iv) providing standards and best practices for programming and grant recipient compliance with Federal data collection standards, including section 4302 of the Patient Protection and Affordable Care Act; and (v) establishing leadership and stakeholder councils with experts and leaders in racism and public health disparities. (G) Coordinate with the Indian Health Service and with the Centers for Disease Control and Prevention’s Tribal Advisory Committee to ensure meaningful Tribal consultation, the gathering of information from Tribal authorities, and respect for Tribal data sovereignty. (H) Engage in government to government consultation with Indian Tribes and Tribal organizations. (I) At least every 2 years, produce and publicly post on the Centers for Disease Control and Prevention’s website a report on antiracist activities completed by the Center, which may include newly identified antiracist public health practices. (b) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. 4. Public health research and investment in police violence (a) In general The Secretary of Health and Human Services shall establish within the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention (referred to in this section as the Center ) a law enforcement violence prevention program. (b) General duties In implementing the program under subsection (a), the Center shall conduct research into, and provide leadership and coordination for— (1) the understanding and promotion of knowledge about the public health impacts of uses of force by law enforcement, including police brutality and violence; (2) developing public health interventions and perspectives for eliminating deaths, injury, trauma, and negative mental health effects from police presence and interactions, including police brutality and violence; and (3) ensuring comprehensive data collection, analysis, and reporting regarding police violence and misconduct in consultation with the Department of Justice and independent researchers. (c) Functions Under the program under subsection (a), the Center shall— (1) summarize and enhance the knowledge of the distribution, status, and characteristics of law enforcement-related death, trauma, and injury; (2) conduct research and prepare, with the assistance of State public health departments— (A) statistics on law enforcement-related death, injury, and brutality; (B) studies of the factors, including legal, socioeconomic, discrimination, and other factors that correlate with or influence police brutality; (C) public information about uses of force by law enforcement, including police brutality and violence, for the practical use of the public health community, including publications that synthesize information relevant to the national goal of understanding police violence and methods for its control; (D) information to identify socioeconomic groups, communities, and geographic areas in need of study, and a strategic plan for research necessary to comprehend the extent and nature of police uses of force by law enforcement, including police brutality and violence, and determine what options exist to reduce or eradicate death and injury that result; and (E) best practices in police violence prevention in other countries; (3) award grants, contracts, and cooperative agreements to provide for the conduct of epidemiologic research on uses of force by law enforcement, including police brutality and violence, by Federal, State, local, and private agencies, institutions, organizations, and individuals; (4) award grants, contracts, and cooperative agreements to community groups, independent research organizations, academic institutions, and other entities to support, execute, or conduct research on interventions to reduce or eliminate uses of force by law enforcement, including police brutality and violence; (5) coordinate with the Department of Justice, and other Federal, State, and local agencies on the standardization of data collection, storage, and retrieval necessary to collect, evaluate, analyze, and disseminate information about the extent and nature of uses of force by law enforcement, including police brutality and violence, as well as options for the eradication of such practices; (6) submit an annual report to Congress on research findings with recommendations to improve data collection and standardization and to disrupt processes in policing that preserve and reinforce racism and racial disparities in public health; (7) conduct primary research and explore uses of force by law enforcement, including police brutality and violence, and options for its control; and (8) study alternatives to law enforcement response as a method of reducing police violence. (d) Authorization of appropriations There is authorized to be appropriated, such sums as may be necessary to carry out this section.
16,702
[ "Energy and Commerce Committee" ]
118hr7096ih
118
hr
7,096
ih
To amend the Consumer Product Safety Act to strike provisions relating to the maximum civil penalties for violations of product safety standards.
[ { "text": "1. Short title \nThis Act may be cited as the Consumer Advocacy and Protection Act or the CAP Act.", "id": "H33EEF075E65D4B3EBE515E4C3700962E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments to the Consumer Product Safety Act \n(a) Civil penalty cap \nSection 20(a)(1) of the Consumer Product Safety Act ( 15 U.S.C. 2069(a)(1) ) is amended— (1) in the first sentence, by striking $100,000 and inserting $250,000 ; (2) in the second sentence— (A) by striking or (11) and inserting (11), (12), (15), or (16) ; and (B) by striking , except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations ; and (3) in the third sentence by striking , except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations. (b) Adjustment for inflation \nSection 20(a)(3) of the Consumer Product Safety Act ( 15 U.S.C. 2069(a)(3) ) is amended— (1) by striking subparagraph (B) and inserting the following: (B) Not later than one year after the date of enactment of this subparagraph, and not later than January 15 of every year thereafter, the Commission shall— (i) in accordance with subparagraph (C), determine the inflation adjusted maximum civil penalty for an individual violation; and (ii) publish each such inflation adjusted maximum civil penalty for an individual violation in the Federal Register. ; (2) by striking subparagraph (C) and inserting the following: (C)(i) The Commission shall adjust civil penalties in accordance with this subparagraph and shall make such adjustment notwithstanding section 553 of title 5, United States Code. (ii) The inflation adjusted maximum civil penalty for the purposes of subparagraph (B) shall be determined by increasing the prior year maximum civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subparagraph shall be rounded to the nearest multiple of $1. (iii) For purposes of this subparagraph— (I) the term cost-of-living adjustment means the percentage (if any) by which— (aa) the Consumer Price Index for the month of October preceding the date of the adjustment; exceeds (bb) the Consumer Price Index for the month of October 1 one year before the month of October referred to in item (aa); and (II) the term Consumer Price Index means the Consumer Price Index for all-urban consumers published by the Department of Labor. (iv) If the civil penalty subject to a cost-of-living adjustment is, during the 12 months preceding a required cost-of-living adjustment, increased by law by an amount greater than the amount of the adjustment required under subparagraph (B), the Commission is not required to make the cost-of-living adjustment otherwise required for that year. ; and (3) by striking subparagraph (D). (c) Technical amendment \nSection 20(c) of the Consumer Product Safety Act ( 15 U.S.C. 2069(c) ) is amended, in the second sentence, by striking including, the and inserting including the. (d) Technical amendment \nSection 20(d) of the Consumer Product Safety Act ( 15 U.S.C. 2069(d) ) is amended, in the first sentence, by striking man and inserting person.", "id": "H50F858D15B8E4250A8C787FE40935E87", "header": "Amendments to the Consumer Product Safety Act", "nested": [ { "text": "(a) Civil penalty cap \nSection 20(a)(1) of the Consumer Product Safety Act ( 15 U.S.C. 2069(a)(1) ) is amended— (1) in the first sentence, by striking $100,000 and inserting $250,000 ; (2) in the second sentence— (A) by striking or (11) and inserting (11), (12), (15), or (16) ; and (B) by striking , except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations ; and (3) in the third sentence by striking , except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations.", "id": "HC70F59B45C4F469F9A1DDE2C0E28EA7B", "header": "Civil penalty cap", "nested": [], "links": [ { "text": "15 U.S.C. 2069(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/2069" } ] }, { "text": "(b) Adjustment for inflation \nSection 20(a)(3) of the Consumer Product Safety Act ( 15 U.S.C. 2069(a)(3) ) is amended— (1) by striking subparagraph (B) and inserting the following: (B) Not later than one year after the date of enactment of this subparagraph, and not later than January 15 of every year thereafter, the Commission shall— (i) in accordance with subparagraph (C), determine the inflation adjusted maximum civil penalty for an individual violation; and (ii) publish each such inflation adjusted maximum civil penalty for an individual violation in the Federal Register. ; (2) by striking subparagraph (C) and inserting the following: (C)(i) The Commission shall adjust civil penalties in accordance with this subparagraph and shall make such adjustment notwithstanding section 553 of title 5, United States Code. (ii) The inflation adjusted maximum civil penalty for the purposes of subparagraph (B) shall be determined by increasing the prior year maximum civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subparagraph shall be rounded to the nearest multiple of $1. (iii) For purposes of this subparagraph— (I) the term cost-of-living adjustment means the percentage (if any) by which— (aa) the Consumer Price Index for the month of October preceding the date of the adjustment; exceeds (bb) the Consumer Price Index for the month of October 1 one year before the month of October referred to in item (aa); and (II) the term Consumer Price Index means the Consumer Price Index for all-urban consumers published by the Department of Labor. (iv) If the civil penalty subject to a cost-of-living adjustment is, during the 12 months preceding a required cost-of-living adjustment, increased by law by an amount greater than the amount of the adjustment required under subparagraph (B), the Commission is not required to make the cost-of-living adjustment otherwise required for that year. ; and (3) by striking subparagraph (D).", "id": "H3E9D693E6C6F4D5482BD9A9AB58A7C3D", "header": "Adjustment for inflation", "nested": [], "links": [ { "text": "15 U.S.C. 2069(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/15/2069" } ] }, { "text": "(c) Technical amendment \nSection 20(c) of the Consumer Product Safety Act ( 15 U.S.C. 2069(c) ) is amended, in the second sentence, by striking including, the and inserting including the.", "id": "H6FE377BEBC4C4834B5FCADFC1CABD238", "header": "Technical amendment", "nested": [], "links": [ { "text": "15 U.S.C. 2069(c)", "legal-doc": "usc", "parsable-cite": "usc/15/2069" } ] }, { "text": "(d) Technical amendment \nSection 20(d) of the Consumer Product Safety Act ( 15 U.S.C. 2069(d) ) is amended, in the first sentence, by striking man and inserting person.", "id": "HC1DE2E342F6D48A5AA2619123D853907", "header": "Technical amendment", "nested": [], "links": [ { "text": "15 U.S.C. 2069(d)", "legal-doc": "usc", "parsable-cite": "usc/15/2069" } ] } ], "links": [ { "text": "15 U.S.C. 2069(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/2069" }, { "text": "15 U.S.C. 2069(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/15/2069" }, { "text": "15 U.S.C. 2069(c)", "legal-doc": "usc", "parsable-cite": "usc/15/2069" }, { "text": "15 U.S.C. 2069(d)", "legal-doc": "usc", "parsable-cite": "usc/15/2069" } ] } ]
2
1. Short title This Act may be cited as the Consumer Advocacy and Protection Act or the CAP Act. 2. Amendments to the Consumer Product Safety Act (a) Civil penalty cap Section 20(a)(1) of the Consumer Product Safety Act ( 15 U.S.C. 2069(a)(1) ) is amended— (1) in the first sentence, by striking $100,000 and inserting $250,000 ; (2) in the second sentence— (A) by striking or (11) and inserting (11), (12), (15), or (16) ; and (B) by striking , except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations ; and (3) in the third sentence by striking , except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations. (b) Adjustment for inflation Section 20(a)(3) of the Consumer Product Safety Act ( 15 U.S.C. 2069(a)(3) ) is amended— (1) by striking subparagraph (B) and inserting the following: (B) Not later than one year after the date of enactment of this subparagraph, and not later than January 15 of every year thereafter, the Commission shall— (i) in accordance with subparagraph (C), determine the inflation adjusted maximum civil penalty for an individual violation; and (ii) publish each such inflation adjusted maximum civil penalty for an individual violation in the Federal Register. ; (2) by striking subparagraph (C) and inserting the following: (C)(i) The Commission shall adjust civil penalties in accordance with this subparagraph and shall make such adjustment notwithstanding section 553 of title 5, United States Code. (ii) The inflation adjusted maximum civil penalty for the purposes of subparagraph (B) shall be determined by increasing the prior year maximum civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subparagraph shall be rounded to the nearest multiple of $1. (iii) For purposes of this subparagraph— (I) the term cost-of-living adjustment means the percentage (if any) by which— (aa) the Consumer Price Index for the month of October preceding the date of the adjustment; exceeds (bb) the Consumer Price Index for the month of October 1 one year before the month of October referred to in item (aa); and (II) the term Consumer Price Index means the Consumer Price Index for all-urban consumers published by the Department of Labor. (iv) If the civil penalty subject to a cost-of-living adjustment is, during the 12 months preceding a required cost-of-living adjustment, increased by law by an amount greater than the amount of the adjustment required under subparagraph (B), the Commission is not required to make the cost-of-living adjustment otherwise required for that year. ; and (3) by striking subparagraph (D). (c) Technical amendment Section 20(c) of the Consumer Product Safety Act ( 15 U.S.C. 2069(c) ) is amended, in the second sentence, by striking including, the and inserting including the. (d) Technical amendment Section 20(d) of the Consumer Product Safety Act ( 15 U.S.C. 2069(d) ) is amended, in the first sentence, by striking man and inserting person.
3,042
[ "Energy and Commerce Committee" ]
118hr7484ih
118
hr
7,484
ih
To require Members of Congress who are foreign nationals to file a statement of their status as a foreign national, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Dual Citizenship Disclosure Act.", "id": "HD76F2365C3304320A411A412D1A8F2CB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Requiring statement of status as foreign national by Members of Congress \n(a) Requirement \nNot later than 90 days after taking the oath of office of a Member of Congress for a Congress, a Member who is a foreign national shall file with the appropriate congressional ethics committee a statement describing the Member’s status as a foreign national. (b) Exception \nSubsection (a) does not apply with respect to a Member of Congress who filed a statement required under subsection (a) during a previous Congress. (c) Penalty for noncompliance \nIf a Member of Congress who is a foreign national fails to file the statement required under subsection (a), or if the appropriate congressional ethics committee determines that the statement is defective, the committee may impose a penalty on the Member of not more than $2,500, in addition to any other penalty applicable under the Rules of the House of Representatives or the Standing Rules of the Senate, as the case may be. (d) Definitions \n(1) Appropriate congressional ethics committee \nIn this Act, the term appropriate congressional ethics committee means— (A) the Committee on Ethics of the House of Representatives, in the case of a Representative in, or Delegate or Resident Commissioner to, the Congress; and (B) the Select Committee on Ethics of the Senate, in the case of a Senator. (2) Foreign national \nIn this Act, term foreign national means a national of a foreign state, as such terms are defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (3) Member of Congress \nIn this Act, the term Member of Congress means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. (e) Effective date \nThis Act shall apply with respect to the One Hundred Nineteenth Congress and each succeeding Congress.", "id": "H528ED57B33C74F07B3DAEFCD6571E68F", "header": "Requiring statement of status as foreign national by Members of Congress", "nested": [ { "text": "(a) Requirement \nNot later than 90 days after taking the oath of office of a Member of Congress for a Congress, a Member who is a foreign national shall file with the appropriate congressional ethics committee a statement describing the Member’s status as a foreign national.", "id": "HC433D80F00304077BD84B48E5CE073B9", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Exception \nSubsection (a) does not apply with respect to a Member of Congress who filed a statement required under subsection (a) during a previous Congress.", "id": "HD62EE2AA0945425E8F4E9CEF1EEDF2F8", "header": "Exception", "nested": [], "links": [] }, { "text": "(c) Penalty for noncompliance \nIf a Member of Congress who is a foreign national fails to file the statement required under subsection (a), or if the appropriate congressional ethics committee determines that the statement is defective, the committee may impose a penalty on the Member of not more than $2,500, in addition to any other penalty applicable under the Rules of the House of Representatives or the Standing Rules of the Senate, as the case may be.", "id": "H3BCF1DDEBC0C44F8B89DBE2954B67917", "header": "Penalty for noncompliance", "nested": [], "links": [] }, { "text": "(d) Definitions \n(1) Appropriate congressional ethics committee \nIn this Act, the term appropriate congressional ethics committee means— (A) the Committee on Ethics of the House of Representatives, in the case of a Representative in, or Delegate or Resident Commissioner to, the Congress; and (B) the Select Committee on Ethics of the Senate, in the case of a Senator. (2) Foreign national \nIn this Act, term foreign national means a national of a foreign state, as such terms are defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (3) Member of Congress \nIn this Act, the term Member of Congress means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress.", "id": "HC530543A07C343BCBCB01032A51496DE", "header": "Definitions", "nested": [], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(e) Effective date \nThis Act shall apply with respect to the One Hundred Nineteenth Congress and each succeeding Congress.", "id": "HE7868945CF4C430186DEEF4262349D56", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ]
2
1. Short title This Act may be cited as the Dual Citizenship Disclosure Act. 2. Requiring statement of status as foreign national by Members of Congress (a) Requirement Not later than 90 days after taking the oath of office of a Member of Congress for a Congress, a Member who is a foreign national shall file with the appropriate congressional ethics committee a statement describing the Member’s status as a foreign national. (b) Exception Subsection (a) does not apply with respect to a Member of Congress who filed a statement required under subsection (a) during a previous Congress. (c) Penalty for noncompliance If a Member of Congress who is a foreign national fails to file the statement required under subsection (a), or if the appropriate congressional ethics committee determines that the statement is defective, the committee may impose a penalty on the Member of not more than $2,500, in addition to any other penalty applicable under the Rules of the House of Representatives or the Standing Rules of the Senate, as the case may be. (d) Definitions (1) Appropriate congressional ethics committee In this Act, the term appropriate congressional ethics committee means— (A) the Committee on Ethics of the House of Representatives, in the case of a Representative in, or Delegate or Resident Commissioner to, the Congress; and (B) the Select Committee on Ethics of the Senate, in the case of a Senator. (2) Foreign national In this Act, term foreign national means a national of a foreign state, as such terms are defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (3) Member of Congress In this Act, the term Member of Congress means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. (e) Effective date This Act shall apply with respect to the One Hundred Nineteenth Congress and each succeeding Congress.
1,897
[ "Committee on House Administration" ]
118hr1986ih
118
hr
1,986
ih
To provide for a limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Arthritis and Musculoskeletal and Skin Diseases for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Arthritis and Musculoskeletal and Skin Diseases for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Health and Human Services, National Institutes of Health National Institute of Arthritis and Musculoskeletal and Skin Diseases for fiscal year 2024 may not exceed $605,065,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Arthritis and Musculoskeletal and Skin Diseases for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Arthritis and Musculoskeletal and Skin Diseases for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Health and Human Services, National Institutes of Health National Institute of Arthritis and Musculoskeletal and Skin Diseases for fiscal year 2024 may not exceed $605,065,000.
509
[ "Energy and Commerce Committee" ]
118hr7632ih
118
hr
7,632
ih
To amend title 51, United States Code, to exempt from disclosure by NASA certain technical data, and for other purposes.
[ { "text": "1. Exemption from disclosure by NASA of certain technical data \n(a) In general \nSection 20131 of title 51, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: (c) Authority To protect certain technical data from public disclosure \n(1) In general \nNotwithstanding any other provision of law, the Administrator may, pursuant to section 552 of title 5 (commonly referred to as the Freedom of Information Act ), withhold any technical data with aeronautical or space application in the possession of, or under the control of, the National Aeronautics and Space Administration, if such data may not be exported lawfully outside the United States without an approval, authorization, or license under provisions of the Export Control Reform Act of 2018 (115–232; 50 U.S.C. 4801 et seq. ) or the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ). (2) Definition \nIn this section, the term technical data means any blueprints, drawings, photographs, plans, instructions, computer software, or documentation, or other technical information that can be used, or be adapted for use, to design, develop, engineer, produce, manufacture, assemble, operate, repair, test, maintain, overhaul, modify, or reproduce any aeronautical or space items, including subsystems, components, or parts therefor, or technology concerning such items relating to aeronautical or space activities. (3) Consideration \nFor purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute for purposes of subsection (b)(3) of such section. (4) Rules of construction \nNothing in this subsection may be construed to permit the Administrator to withhold any technical data with aeronautical or space application in the possession of, or under the control of, the National Aeronautics and Space Administration from— (A) an independent, nonpartisan commission relating to human space flight independent investigation established by the President pursuant to chapter 707 of this title; (B) the Aerospace Safety Advisory Panel established under section 31101 of this title in the conduct of its duties; (C) any department, agency, or entity of the Federal Government, if authorized pursuant to law; (D) Congress; or (E) public disclosure, if regulations promulgated under the provisions of either the Export Control Reform Act of 2018 (115–232; 50 U.S.C. 4801 et seq. ) or the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) authorize the export of such data pursuant to a general, unrestricted license or exemption in such regulations.. (b) Conforming amendment \nParagraph (3) of section 20131(a) of title 51, United States Code, is amended by striking subsection (b) and inserting subsection (b) or (c).", "id": "HF879078B08F84D55BFB13FBB3CBBD13F", "header": "Exemption from disclosure by NASA of certain technical data", "nested": [ { "text": "(a) In general \nSection 20131 of title 51, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: (c) Authority To protect certain technical data from public disclosure \n(1) In general \nNotwithstanding any other provision of law, the Administrator may, pursuant to section 552 of title 5 (commonly referred to as the Freedom of Information Act ), withhold any technical data with aeronautical or space application in the possession of, or under the control of, the National Aeronautics and Space Administration, if such data may not be exported lawfully outside the United States without an approval, authorization, or license under provisions of the Export Control Reform Act of 2018 (115–232; 50 U.S.C. 4801 et seq. ) or the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ). (2) Definition \nIn this section, the term technical data means any blueprints, drawings, photographs, plans, instructions, computer software, or documentation, or other technical information that can be used, or be adapted for use, to design, develop, engineer, produce, manufacture, assemble, operate, repair, test, maintain, overhaul, modify, or reproduce any aeronautical or space items, including subsystems, components, or parts therefor, or technology concerning such items relating to aeronautical or space activities. (3) Consideration \nFor purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute for purposes of subsection (b)(3) of such section. (4) Rules of construction \nNothing in this subsection may be construed to permit the Administrator to withhold any technical data with aeronautical or space application in the possession of, or under the control of, the National Aeronautics and Space Administration from— (A) an independent, nonpartisan commission relating to human space flight independent investigation established by the President pursuant to chapter 707 of this title; (B) the Aerospace Safety Advisory Panel established under section 31101 of this title in the conduct of its duties; (C) any department, agency, or entity of the Federal Government, if authorized pursuant to law; (D) Congress; or (E) public disclosure, if regulations promulgated under the provisions of either the Export Control Reform Act of 2018 (115–232; 50 U.S.C. 4801 et seq. ) or the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) authorize the export of such data pursuant to a general, unrestricted license or exemption in such regulations..", "id": "HE70A84979F734E889F3043F55E11EED7", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 4801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4801" }, { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "50 U.S.C. 4801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4801" }, { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" } ] }, { "text": "(b) Conforming amendment \nParagraph (3) of section 20131(a) of title 51, United States Code, is amended by striking subsection (b) and inserting subsection (b) or (c).", "id": "HD9F52EE9203B40BC8B00967F919CFBB6", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 4801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4801" }, { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "50 U.S.C. 4801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4801" }, { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" } ] } ]
1
1. Exemption from disclosure by NASA of certain technical data (a) In general Section 20131 of title 51, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: (c) Authority To protect certain technical data from public disclosure (1) In general Notwithstanding any other provision of law, the Administrator may, pursuant to section 552 of title 5 (commonly referred to as the Freedom of Information Act ), withhold any technical data with aeronautical or space application in the possession of, or under the control of, the National Aeronautics and Space Administration, if such data may not be exported lawfully outside the United States without an approval, authorization, or license under provisions of the Export Control Reform Act of 2018 (115–232; 50 U.S.C. 4801 et seq. ) or the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ). (2) Definition In this section, the term technical data means any blueprints, drawings, photographs, plans, instructions, computer software, or documentation, or other technical information that can be used, or be adapted for use, to design, develop, engineer, produce, manufacture, assemble, operate, repair, test, maintain, overhaul, modify, or reproduce any aeronautical or space items, including subsystems, components, or parts therefor, or technology concerning such items relating to aeronautical or space activities. (3) Consideration For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute for purposes of subsection (b)(3) of such section. (4) Rules of construction Nothing in this subsection may be construed to permit the Administrator to withhold any technical data with aeronautical or space application in the possession of, or under the control of, the National Aeronautics and Space Administration from— (A) an independent, nonpartisan commission relating to human space flight independent investigation established by the President pursuant to chapter 707 of this title; (B) the Aerospace Safety Advisory Panel established under section 31101 of this title in the conduct of its duties; (C) any department, agency, or entity of the Federal Government, if authorized pursuant to law; (D) Congress; or (E) public disclosure, if regulations promulgated under the provisions of either the Export Control Reform Act of 2018 (115–232; 50 U.S.C. 4801 et seq. ) or the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) authorize the export of such data pursuant to a general, unrestricted license or exemption in such regulations.. (b) Conforming amendment Paragraph (3) of section 20131(a) of title 51, United States Code, is amended by striking subsection (b) and inserting subsection (b) or (c).
2,810
[ "Science, Space, and Technology Committee" ]
118hr212ih
118
hr
212
ih
To prohibit the purchase of public or private real estate located in the United States by foreign adversaries and state sponsors of terrorism.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting our Land Act.", "id": "H49E4C8E5993044E6A4CE8DDFE97669F3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on purchase of public or private real estate located in the United States by foreign adversaries and state sponsors of terrorism \n(a) In general \nNotwithstanding any other provision of law, the President shall direct the heads of the Federal departments and agencies to promulgate rules and regulations to prohibit the purchase of public or private real estate located in the United States by a foreign adversary, a state sponsor of terrorism, any agent or instrumentality of a foreign adversary or a state sponsor of terrorism, or any person owned or controlled by, or affiliated with, a foreign adversary or a state sponsor of terrorism. (b) Definitions \nIn this section— (1) the term foreign adversary means any foreign government or foreign nongovernment person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons; (2) the term state sponsor of terrorism means a country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to— (A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4318(c)(1)(A) ); (B) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (C) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (D) any other provision of law; and (3) 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": "HE561BF8FBA6C4E858B7BC7810B9B552B", "header": "Prohibition on purchase of public or private real estate located in the United States by foreign adversaries and state sponsors of terrorism", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, the President shall direct the heads of the Federal departments and agencies to promulgate rules and regulations to prohibit the purchase of public or private real estate located in the United States by a foreign adversary, a state sponsor of terrorism, any agent or instrumentality of a foreign adversary or a state sponsor of terrorism, or any person owned or controlled by, or affiliated with, a foreign adversary or a state sponsor of terrorism.", "id": "H4D9BCA67015E4EAD889BE1CE8A7FC3E2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section— (1) the term foreign adversary means any foreign government or foreign nongovernment person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons; (2) the term state sponsor of terrorism means a country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to— (A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4318(c)(1)(A) ); (B) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (C) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (D) any other provision of law; and (3) 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": "HBA06A962C7324DF8B747CB44368FF542", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 4318(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/4318" }, { "text": "22 U.S.C. 2371", "legal-doc": "usc", "parsable-cite": "usc/22/2371" }, { "text": "22 U.S.C. 2780", "legal-doc": "usc", "parsable-cite": "usc/22/2780" } ] } ], "links": [ { "text": "50 U.S.C. 4318(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/4318" }, { "text": "22 U.S.C. 2371", "legal-doc": "usc", "parsable-cite": "usc/22/2371" }, { "text": "22 U.S.C. 2780", "legal-doc": "usc", "parsable-cite": "usc/22/2780" } ] } ]
2
1. Short title This Act may be cited as the Protecting our Land Act. 2. Prohibition on purchase of public or private real estate located in the United States by foreign adversaries and state sponsors of terrorism (a) In general Notwithstanding any other provision of law, the President shall direct the heads of the Federal departments and agencies to promulgate rules and regulations to prohibit the purchase of public or private real estate located in the United States by a foreign adversary, a state sponsor of terrorism, any agent or instrumentality of a foreign adversary or a state sponsor of terrorism, or any person owned or controlled by, or affiliated with, a foreign adversary or a state sponsor of terrorism. (b) Definitions In this section— (1) the term foreign adversary means any foreign government or foreign nongovernment person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons; (2) the term state sponsor of terrorism means a country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to— (A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4318(c)(1)(A) ); (B) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (C) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (D) any other provision of law; and (3) 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.
1,773
[ "Foreign Affairs Committee" ]
118hr2373ih
118
hr
2,373
ih
To reinstate certain laws relating to minimum tonnage of agricultural commodities and products, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Rebuilding the United States-Flag International Fleet Act.", "id": "HBEDC6C54CA8840CCB8321ADFB78E1520", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reinstatements of minimum tonnage and transportation costs reimbursement \n(a) Repeal under MAP–21 \nSection 100124 of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) is repealed, and any provision of law amended or repealed by such section is restored or revived as if such section were not enacted into law. (b) Repeal under Bipartisan Budget Act of 2013 \nSection 602 of the Bipartisan Budget Act of 2013 ( Public Law 113–67 ) is repealed, and any provision of law amended or repealed by such section is restored or revived as if such section were not enacted into law. (c) Report on administration of programs \n(1) In general \nChapter 553 of title 46, United States Code, is amended by inserting before section 55302 the following: 55301. Report on administration of programs \n(a) In general \nThe Administrator of the Maritime Administration shall annually submit to Congress a report on the administration by other Federal departments and agencies of programs subject to section 2631 of title 10, United States Code, and that the Administrator determines subject to section 55305 of title 46, United States Code. (b) Contents \nThe report under paragraph (1) shall include— (1) gross tonnage by department or agency of cargo (equipment, materials, or agricultural products) and by cargo type transported on United States flag vessels versus foreign vessels; and (2) the total number of United States flag vessels versus foreign vessels contracted by each department or agency.. (2) Clerical amendment \nThe analysis for chapter 553 of title 46, United States Code, is amended by inserting before the item relating to section 55302 the following new item: 55301. Report on administration of programs..", "id": "HBB1B253591644E03817947BBC7D43C1A", "header": "Reinstatements of minimum tonnage and transportation costs reimbursement", "nested": [ { "text": "(a) Repeal under MAP–21 \nSection 100124 of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) is repealed, and any provision of law amended or repealed by such section is restored or revived as if such section were not enacted into law.", "id": "HB41389B4193F4498B046EBA602221634", "header": "Repeal under MAP–21", "nested": [], "links": [ { "text": "Public Law 112–141", "legal-doc": "public-law", "parsable-cite": "pl/112/141" } ] }, { "text": "(b) Repeal under Bipartisan Budget Act of 2013 \nSection 602 of the Bipartisan Budget Act of 2013 ( Public Law 113–67 ) is repealed, and any provision of law amended or repealed by such section is restored or revived as if such section were not enacted into law.", "id": "HE3C1B1F6B865472A8A024858E38503E0", "header": "Repeal under Bipartisan Budget Act of 2013", "nested": [], "links": [ { "text": "Public Law 113–67", "legal-doc": "public-law", "parsable-cite": "pl/113/67" } ] }, { "text": "(c) Report on administration of programs \n(1) In general \nChapter 553 of title 46, United States Code, is amended by inserting before section 55302 the following: 55301. Report on administration of programs \n(a) In general \nThe Administrator of the Maritime Administration shall annually submit to Congress a report on the administration by other Federal departments and agencies of programs subject to section 2631 of title 10, United States Code, and that the Administrator determines subject to section 55305 of title 46, United States Code. (b) Contents \nThe report under paragraph (1) shall include— (1) gross tonnage by department or agency of cargo (equipment, materials, or agricultural products) and by cargo type transported on United States flag vessels versus foreign vessels; and (2) the total number of United States flag vessels versus foreign vessels contracted by each department or agency.. (2) Clerical amendment \nThe analysis for chapter 553 of title 46, United States Code, is amended by inserting before the item relating to section 55302 the following new item: 55301. Report on administration of programs..", "id": "H0BAA3B1A134A45F9B18C63A79109193E", "header": "Report on administration of programs", "nested": [], "links": [ { "text": "Chapter 553", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/553" }, { "text": "chapter 553", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/553" } ] } ], "links": [ { "text": "Public Law 112–141", "legal-doc": "public-law", "parsable-cite": "pl/112/141" }, { "text": "Public Law 113–67", "legal-doc": "public-law", "parsable-cite": "pl/113/67" }, { "text": "Chapter 553", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/553" }, { "text": "chapter 553", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/553" } ] }, { "text": "55301. Report on administration of programs \n(a) In general \nThe Administrator of the Maritime Administration shall annually submit to Congress a report on the administration by other Federal departments and agencies of programs subject to section 2631 of title 10, United States Code, and that the Administrator determines subject to section 55305 of title 46, United States Code. (b) Contents \nThe report under paragraph (1) shall include— (1) gross tonnage by department or agency of cargo (equipment, materials, or agricultural products) and by cargo type transported on United States flag vessels versus foreign vessels; and (2) the total number of United States flag vessels versus foreign vessels contracted by each department or agency.", "id": "HBD3FD9D56A324B6298FF818607F51528", "header": "Report on administration of programs", "nested": [ { "text": "(a) In general \nThe Administrator of the Maritime Administration shall annually submit to Congress a report on the administration by other Federal departments and agencies of programs subject to section 2631 of title 10, United States Code, and that the Administrator determines subject to section 55305 of title 46, United States Code.", "id": "H5E6D515437FB4C7F9B4A0500564E4EBB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe report under paragraph (1) shall include— (1) gross tonnage by department or agency of cargo (equipment, materials, or agricultural products) and by cargo type transported on United States flag vessels versus foreign vessels; and (2) the total number of United States flag vessels versus foreign vessels contracted by each department or agency.", "id": "H7EBD90BA18F84AE4ACE0CA9BBB0486CC", "header": "Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Cargoes procured, furnished, or financed by the United States Government \n(a) In general \nSection 55305 of title 46, United States Code, is amended— (1) by striking subsection (a); (2) in subsection (b) by striking 50 and inserting 75 ; (3) by redesignating subsection (b) as subsection (a); (4) by striking subsection (c) and inserting the following: (c) Waivers \n(1) In general \nNotwithstanding any other provision of law, when the President, the Secretary of Defense, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or section 55314, the President, the Secretary of Defense, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or section 55314, may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or section 55314 shall be authorized. (2) Duration of waiver \n(A) In general \nSubject to subparagraphs (B) and (C), a waiver issued under this subsection shall be for a period of not more than 60 days. (B) Waiver extension \nUpon termination of the period of a waiver issued under this subsection, the Maritime Administrator may extend the waiver for an additional period of not more than 30 days, if the Maritime Administrator makes the determinations described in paragraph (1). (C) Aggregate duration \nThe aggregate duration of the period of all waivers and extensions of waivers under this subsection with respect to any one set of events shall not exceed 3 months in a fiscal year. (3) Determinations \nThe Maritime Administrator shall— (A) for each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet the requirements of this section or section 55314 at fair and reasonable rates for commercial vessels of the United States; (B) provide notice of each determination referred to in paragraph (1) to the Secretary of Transportation and, as applicable, the President or the Secretary of Defense; and (C) publish each determination referred to in paragraph (1)— (i) on the website of the Maritime Administration not later than 24 hours after notice of the determination is provided to the Secretary of Transportation; and (ii) in the Federal Register. (4) Notice to congress \nThe Maritime Administrator shall notify— (A) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of— (i) any request for a waiver (or an extension thereof) made by the Secretary of Transportation of this section or section 55314(a) not later than 72 hours after receiving such a request; and (ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, not later than 72 hours after such issuance; and (B) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives of— (i) any request for a waiver (or an extension thereof) made by the Secretary of Defense of this section or section 55314(a) not later than 72 hours after receiving such a request; and (ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, not later than 72 hours after such issuance. ; (5) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (6) by inserting after subsection (a) the following: (b) Eligible vessels \nTo be eligible to carry cargo under this section, a privately-owned commercial vessel— (1) shall be documented under the laws of the United States for at least 3 years; or (2) may be documented under the laws of the United States for less than 3 years if— (A) the vessel owner signs an agreement with the Secretary providing that— (i) the vessel shall remain documented under the laws of the United States for at least 3 years; and (ii) the vessel owner shall, upon request of the Secretary, agree to enroll the vessel in an Emergency Preparedness Program under chapter 531 or voluntary agreement authorize under section 708 of the Defense Production Act of 1950 ( 50 U.S.C. 4558 ) and shall remain so enrolled until the vessel ceases to be documented under the laws of the United States; (B) the vessel— (i) is a tank vessel that is 10 years of age or less on the date the vessel is documented under the laws of the United States; or (ii) is any other type of vessel that is 15 years of age or less on the date the vessel is documented under the laws of the United States; and (C) the vessel was not originally built in a country which is a proscribed country listed pursuant to part 126 of title 22, Code of Federal Regulations, or successor regulations (commonly known as the International Traffic in Arms Regulations ). (c) Violation of agreement \n(1) In general \nA vessel under an agreement described in subsection (b)(2) may be seized by and forfeited to the United States if, in violation of such agreement— (A) the vessel owner places the vessel under foreign registry; or (B) a person operates the vessel under the authority of a foreign country. (2) Inapplicability of other law \nSection 12112 of title 46, United States Code, shall not apply to the seizure and forfeiture of a vessel pursuant to paragraph (1). ; and (7) by adding at the end the following: (g) Audit and report \nIn carrying out this section, the Secretary shall annually— (1) audit the list of vessels that are operating under an agreement described in subsection (b)(2); and (2) submit to Congress a report describing— (A) each of the vessels operating under paragraph (2) of section 55305(b) and each agreement signed by the Secretary pursuant to such paragraph; (B) the results of any audit described in paragraph (1); and (C) any other pertinent information that the Secretary determines to be of interest to Congress.. (b) Technical amendment \n(1) Chapter analysis \nThe analysis for chapter 553 of title 46, United States Code, is amended by striking the item relating to subchapter I and inserting the following: SUBCHAPTER I—GOVERNMENT IMPELLED TRANSPORTATION. (2) Cargoes procured, furnished, or financed by the United States Government \nSection 55305(d)(2)(D) of title 46, United States Code, is amended by striking section 25(c)(1) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 1303(a)(1) ) and inserting section 1303(a)(1) of title 41, United States Code,.", "id": "H96CE84D16D3E4A248B07BC32D9CFF5EC", "header": "Cargoes procured, furnished, or financed by the United States Government", "nested": [ { "text": "(a) In general \nSection 55305 of title 46, United States Code, is amended— (1) by striking subsection (a); (2) in subsection (b) by striking 50 and inserting 75 ; (3) by redesignating subsection (b) as subsection (a); (4) by striking subsection (c) and inserting the following: (c) Waivers \n(1) In general \nNotwithstanding any other provision of law, when the President, the Secretary of Defense, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or section 55314, the President, the Secretary of Defense, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or section 55314, may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or section 55314 shall be authorized. (2) Duration of waiver \n(A) In general \nSubject to subparagraphs (B) and (C), a waiver issued under this subsection shall be for a period of not more than 60 days. (B) Waiver extension \nUpon termination of the period of a waiver issued under this subsection, the Maritime Administrator may extend the waiver for an additional period of not more than 30 days, if the Maritime Administrator makes the determinations described in paragraph (1). (C) Aggregate duration \nThe aggregate duration of the period of all waivers and extensions of waivers under this subsection with respect to any one set of events shall not exceed 3 months in a fiscal year. (3) Determinations \nThe Maritime Administrator shall— (A) for each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet the requirements of this section or section 55314 at fair and reasonable rates for commercial vessels of the United States; (B) provide notice of each determination referred to in paragraph (1) to the Secretary of Transportation and, as applicable, the President or the Secretary of Defense; and (C) publish each determination referred to in paragraph (1)— (i) on the website of the Maritime Administration not later than 24 hours after notice of the determination is provided to the Secretary of Transportation; and (ii) in the Federal Register. (4) Notice to congress \nThe Maritime Administrator shall notify— (A) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of— (i) any request for a waiver (or an extension thereof) made by the Secretary of Transportation of this section or section 55314(a) not later than 72 hours after receiving such a request; and (ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, not later than 72 hours after such issuance; and (B) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives of— (i) any request for a waiver (or an extension thereof) made by the Secretary of Defense of this section or section 55314(a) not later than 72 hours after receiving such a request; and (ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, not later than 72 hours after such issuance. ; (5) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (6) by inserting after subsection (a) the following: (b) Eligible vessels \nTo be eligible to carry cargo under this section, a privately-owned commercial vessel— (1) shall be documented under the laws of the United States for at least 3 years; or (2) may be documented under the laws of the United States for less than 3 years if— (A) the vessel owner signs an agreement with the Secretary providing that— (i) the vessel shall remain documented under the laws of the United States for at least 3 years; and (ii) the vessel owner shall, upon request of the Secretary, agree to enroll the vessel in an Emergency Preparedness Program under chapter 531 or voluntary agreement authorize under section 708 of the Defense Production Act of 1950 ( 50 U.S.C. 4558 ) and shall remain so enrolled until the vessel ceases to be documented under the laws of the United States; (B) the vessel— (i) is a tank vessel that is 10 years of age or less on the date the vessel is documented under the laws of the United States; or (ii) is any other type of vessel that is 15 years of age or less on the date the vessel is documented under the laws of the United States; and (C) the vessel was not originally built in a country which is a proscribed country listed pursuant to part 126 of title 22, Code of Federal Regulations, or successor regulations (commonly known as the International Traffic in Arms Regulations ). (c) Violation of agreement \n(1) In general \nA vessel under an agreement described in subsection (b)(2) may be seized by and forfeited to the United States if, in violation of such agreement— (A) the vessel owner places the vessel under foreign registry; or (B) a person operates the vessel under the authority of a foreign country. (2) Inapplicability of other law \nSection 12112 of title 46, United States Code, shall not apply to the seizure and forfeiture of a vessel pursuant to paragraph (1). ; and (7) by adding at the end the following: (g) Audit and report \nIn carrying out this section, the Secretary shall annually— (1) audit the list of vessels that are operating under an agreement described in subsection (b)(2); and (2) submit to Congress a report describing— (A) each of the vessels operating under paragraph (2) of section 55305(b) and each agreement signed by the Secretary pursuant to such paragraph; (B) the results of any audit described in paragraph (1); and (C) any other pertinent information that the Secretary determines to be of interest to Congress..", "id": "H90099EF5CE674391844694544A61615B", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 4558", "legal-doc": "usc", "parsable-cite": "usc/50/4558" } ] }, { "text": "(b) Technical amendment \n(1) Chapter analysis \nThe analysis for chapter 553 of title 46, United States Code, is amended by striking the item relating to subchapter I and inserting the following: SUBCHAPTER I—GOVERNMENT IMPELLED TRANSPORTATION. (2) Cargoes procured, furnished, or financed by the United States Government \nSection 55305(d)(2)(D) of title 46, United States Code, is amended by striking section 25(c)(1) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 1303(a)(1) ) and inserting section 1303(a)(1) of title 41, United States Code,.", "id": "HDDE81A3D896D4A6E9CFC3ED70ECE0E62", "header": "Technical amendment", "nested": [], "links": [ { "text": "chapter 553", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/553" }, { "text": "41 U.S.C. 1303(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/41/1303" } ] } ], "links": [ { "text": "50 U.S.C. 4558", "legal-doc": "usc", "parsable-cite": "usc/50/4558" }, { "text": "chapter 553", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/553" }, { "text": "41 U.S.C. 1303(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/41/1303" } ] }, { "text": "4. Transportation requirements for certain exports sponsored by the Secretary of Agriculture \nSection 55314 of title 46, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1) by inserting titles I, II, or III of after carried out under ; (B) in paragraph (4) by striking agricultural commodities or their products and inserting agricultural products ; (C) in paragraph (5) by striking agricultural commodities or their products and inserting agricultural products ; (D) in paragraph (6) by striking agricultural commodities or their products and inserting agricultural products ; (E) in paragraph (7) by striking agricultural commodities and inserting agricultural products ; (F) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (6), (7), (8), and (9), respectively; and (G) by inserting after paragraph (3) the following: (4) carried out under the Food for Progress Act of 1985 ( 7 U.S.C. 1736o ); (5) carried out under the McGovern-Dole International Food for Education and Child Nutrition Program under section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 ); ; and (2) by adding at the end the following: (d) Submission to Congress \nAt least once each fiscal year, the Secretary of Agriculture or the Administrator of the United States Agency for International Development, as applicable, shall submit to the appropriate congressional committees, in writing, a notice of any waiver of the requirements of this section and the reasons for granting such waiver. (e) Agricultural product defined \nIn this section, the term agricultural product means any food product, including an agricultural commodity (as such term is defined in section 402 of the Food for Peace Act ( 7 U.S.C. 1732(2) )), specialty crop (as such term is defined in section 3(1) of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 note)), or processed food product, exported from the United States..", "id": "HD66E27C50827465F9E19ECBBE9423B10", "header": "Transportation requirements for certain exports sponsored by the Secretary of Agriculture", "nested": [], "links": [ { "text": "7 U.S.C. 1736o", "legal-doc": "usc", "parsable-cite": "usc/7/1736o" }, { "text": "7 U.S.C. 1736o–1", "legal-doc": "usc", "parsable-cite": "usc/7/1736o-1" }, { "text": "7 U.S.C. 1732(2)", "legal-doc": "usc", "parsable-cite": "usc/7/1732" }, { "text": "7 U.S.C. 1621", "legal-doc": "usc", "parsable-cite": "usc/7/1621" } ] }, { "text": "5. Reports to Congress \n(a) Report on implementation of military cargo preference \nNot later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report on the implementation by the Department of Defense of the amendments to section 2631 of title 10, United States Code, made by section 1024 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (b) Report on port preferences for US–Flag vessels \nNot later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the preference, if any, afforded by each port authority or marine terminal operator, as applicable, to vessels documented under the laws of the United States, including such vessels— (1) operated by an armed force (as such term is defined in section 101(4) of title 10, United States Code); (2) participating in the Maritime Security Program or the Emergency Preparedness Program under chapter 531 of title 46, United States Code, the Cable Security Fleet under chapter 532 of such title, the Tanker Security Fleet under chapter 534 of such title, or the National Defense Reserve Fleet under section 57100 of such title; and (3) with a coastwise endorsement under chapter 121 of title 46, United States Code.", "id": "HE5CF69E790754FBD970E66165FB12EB1", "header": "Reports to Congress", "nested": [ { "text": "(a) Report on implementation of military cargo preference \nNot later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report on the implementation by the Department of Defense of the amendments to section 2631 of title 10, United States Code, made by section 1024 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).", "id": "H7E6BED727EFD4717A5FDDCA96A59D241", "header": "Report on implementation of military cargo preference", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "(b) Report on port preferences for US–Flag vessels \nNot later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the preference, if any, afforded by each port authority or marine terminal operator, as applicable, to vessels documented under the laws of the United States, including such vessels— (1) operated by an armed force (as such term is defined in section 101(4) of title 10, United States Code); (2) participating in the Maritime Security Program or the Emergency Preparedness Program under chapter 531 of title 46, United States Code, the Cable Security Fleet under chapter 532 of such title, the Tanker Security Fleet under chapter 534 of such title, or the National Defense Reserve Fleet under section 57100 of such title; and (3) with a coastwise endorsement under chapter 121 of title 46, United States Code.", "id": "HBFE4058AFCEE4613B2E91BC83749E42F", "header": "Report on port preferences for US–Flag vessels", "nested": [], "links": [ { "text": "chapter 531", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/531" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/121" } ] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "chapter 531", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/531" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/121" } ] }, { "text": "6. Regulations and guidance \nNot later than 180 days after the date of enactment of this Act, the Administrator of the Maritime Administration shall— (1) promulgate regulations under subchapter III of chapter 5 of title 5, United States Code, to fully implement and ensure compliance with section 2631 of title 10, United States Code, and section 55305 of title 46, United States Code; and (2) issue interagency guidance to other Federal departments and agencies on how to administer the programs in accordance with such Acts and the amendments made by the this Act, which shall include publication in the Federal Register and on the website of the Maritime Administration.", "id": "H697CB781DF4748B2876CFAB40CA896E9", "header": "Regulations and guidance", "nested": [], "links": [ { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/5" } ] } ]
7
1. Short title This Act may be cited as the Rebuilding the United States-Flag International Fleet Act. 2. Reinstatements of minimum tonnage and transportation costs reimbursement (a) Repeal under MAP–21 Section 100124 of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) is repealed, and any provision of law amended or repealed by such section is restored or revived as if such section were not enacted into law. (b) Repeal under Bipartisan Budget Act of 2013 Section 602 of the Bipartisan Budget Act of 2013 ( Public Law 113–67 ) is repealed, and any provision of law amended or repealed by such section is restored or revived as if such section were not enacted into law. (c) Report on administration of programs (1) In general Chapter 553 of title 46, United States Code, is amended by inserting before section 55302 the following: 55301. Report on administration of programs (a) In general The Administrator of the Maritime Administration shall annually submit to Congress a report on the administration by other Federal departments and agencies of programs subject to section 2631 of title 10, United States Code, and that the Administrator determines subject to section 55305 of title 46, United States Code. (b) Contents The report under paragraph (1) shall include— (1) gross tonnage by department or agency of cargo (equipment, materials, or agricultural products) and by cargo type transported on United States flag vessels versus foreign vessels; and (2) the total number of United States flag vessels versus foreign vessels contracted by each department or agency.. (2) Clerical amendment The analysis for chapter 553 of title 46, United States Code, is amended by inserting before the item relating to section 55302 the following new item: 55301. Report on administration of programs.. 55301. Report on administration of programs (a) In general The Administrator of the Maritime Administration shall annually submit to Congress a report on the administration by other Federal departments and agencies of programs subject to section 2631 of title 10, United States Code, and that the Administrator determines subject to section 55305 of title 46, United States Code. (b) Contents The report under paragraph (1) shall include— (1) gross tonnage by department or agency of cargo (equipment, materials, or agricultural products) and by cargo type transported on United States flag vessels versus foreign vessels; and (2) the total number of United States flag vessels versus foreign vessels contracted by each department or agency. 3. Cargoes procured, furnished, or financed by the United States Government (a) In general Section 55305 of title 46, United States Code, is amended— (1) by striking subsection (a); (2) in subsection (b) by striking 50 and inserting 75 ; (3) by redesignating subsection (b) as subsection (a); (4) by striking subsection (c) and inserting the following: (c) Waivers (1) In general Notwithstanding any other provision of law, when the President, the Secretary of Defense, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or section 55314, the President, the Secretary of Defense, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or section 55314, may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or section 55314 shall be authorized. (2) Duration of waiver (A) In general Subject to subparagraphs (B) and (C), a waiver issued under this subsection shall be for a period of not more than 60 days. (B) Waiver extension Upon termination of the period of a waiver issued under this subsection, the Maritime Administrator may extend the waiver for an additional period of not more than 30 days, if the Maritime Administrator makes the determinations described in paragraph (1). (C) Aggregate duration The aggregate duration of the period of all waivers and extensions of waivers under this subsection with respect to any one set of events shall not exceed 3 months in a fiscal year. (3) Determinations The Maritime Administrator shall— (A) for each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet the requirements of this section or section 55314 at fair and reasonable rates for commercial vessels of the United States; (B) provide notice of each determination referred to in paragraph (1) to the Secretary of Transportation and, as applicable, the President or the Secretary of Defense; and (C) publish each determination referred to in paragraph (1)— (i) on the website of the Maritime Administration not later than 24 hours after notice of the determination is provided to the Secretary of Transportation; and (ii) in the Federal Register. (4) Notice to congress The Maritime Administrator shall notify— (A) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of— (i) any request for a waiver (or an extension thereof) made by the Secretary of Transportation of this section or section 55314(a) not later than 72 hours after receiving such a request; and (ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, not later than 72 hours after such issuance; and (B) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives of— (i) any request for a waiver (or an extension thereof) made by the Secretary of Defense of this section or section 55314(a) not later than 72 hours after receiving such a request; and (ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, not later than 72 hours after such issuance. ; (5) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (6) by inserting after subsection (a) the following: (b) Eligible vessels To be eligible to carry cargo under this section, a privately-owned commercial vessel— (1) shall be documented under the laws of the United States for at least 3 years; or (2) may be documented under the laws of the United States for less than 3 years if— (A) the vessel owner signs an agreement with the Secretary providing that— (i) the vessel shall remain documented under the laws of the United States for at least 3 years; and (ii) the vessel owner shall, upon request of the Secretary, agree to enroll the vessel in an Emergency Preparedness Program under chapter 531 or voluntary agreement authorize under section 708 of the Defense Production Act of 1950 ( 50 U.S.C. 4558 ) and shall remain so enrolled until the vessel ceases to be documented under the laws of the United States; (B) the vessel— (i) is a tank vessel that is 10 years of age or less on the date the vessel is documented under the laws of the United States; or (ii) is any other type of vessel that is 15 years of age or less on the date the vessel is documented under the laws of the United States; and (C) the vessel was not originally built in a country which is a proscribed country listed pursuant to part 126 of title 22, Code of Federal Regulations, or successor regulations (commonly known as the International Traffic in Arms Regulations ). (c) Violation of agreement (1) In general A vessel under an agreement described in subsection (b)(2) may be seized by and forfeited to the United States if, in violation of such agreement— (A) the vessel owner places the vessel under foreign registry; or (B) a person operates the vessel under the authority of a foreign country. (2) Inapplicability of other law Section 12112 of title 46, United States Code, shall not apply to the seizure and forfeiture of a vessel pursuant to paragraph (1). ; and (7) by adding at the end the following: (g) Audit and report In carrying out this section, the Secretary shall annually— (1) audit the list of vessels that are operating under an agreement described in subsection (b)(2); and (2) submit to Congress a report describing— (A) each of the vessels operating under paragraph (2) of section 55305(b) and each agreement signed by the Secretary pursuant to such paragraph; (B) the results of any audit described in paragraph (1); and (C) any other pertinent information that the Secretary determines to be of interest to Congress.. (b) Technical amendment (1) Chapter analysis The analysis for chapter 553 of title 46, United States Code, is amended by striking the item relating to subchapter I and inserting the following: SUBCHAPTER I—GOVERNMENT IMPELLED TRANSPORTATION. (2) Cargoes procured, furnished, or financed by the United States Government Section 55305(d)(2)(D) of title 46, United States Code, is amended by striking section 25(c)(1) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 1303(a)(1) ) and inserting section 1303(a)(1) of title 41, United States Code,. 4. Transportation requirements for certain exports sponsored by the Secretary of Agriculture Section 55314 of title 46, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1) by inserting titles I, II, or III of after carried out under ; (B) in paragraph (4) by striking agricultural commodities or their products and inserting agricultural products ; (C) in paragraph (5) by striking agricultural commodities or their products and inserting agricultural products ; (D) in paragraph (6) by striking agricultural commodities or their products and inserting agricultural products ; (E) in paragraph (7) by striking agricultural commodities and inserting agricultural products ; (F) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (6), (7), (8), and (9), respectively; and (G) by inserting after paragraph (3) the following: (4) carried out under the Food for Progress Act of 1985 ( 7 U.S.C. 1736o ); (5) carried out under the McGovern-Dole International Food for Education and Child Nutrition Program under section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 ); ; and (2) by adding at the end the following: (d) Submission to Congress At least once each fiscal year, the Secretary of Agriculture or the Administrator of the United States Agency for International Development, as applicable, shall submit to the appropriate congressional committees, in writing, a notice of any waiver of the requirements of this section and the reasons for granting such waiver. (e) Agricultural product defined In this section, the term agricultural product means any food product, including an agricultural commodity (as such term is defined in section 402 of the Food for Peace Act ( 7 U.S.C. 1732(2) )), specialty crop (as such term is defined in section 3(1) of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 note)), or processed food product, exported from the United States.. 5. Reports to Congress (a) Report on implementation of military cargo preference Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report on the implementation by the Department of Defense of the amendments to section 2631 of title 10, United States Code, made by section 1024 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (b) Report on port preferences for US–Flag vessels Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the preference, if any, afforded by each port authority or marine terminal operator, as applicable, to vessels documented under the laws of the United States, including such vessels— (1) operated by an armed force (as such term is defined in section 101(4) of title 10, United States Code); (2) participating in the Maritime Security Program or the Emergency Preparedness Program under chapter 531 of title 46, United States Code, the Cable Security Fleet under chapter 532 of such title, the Tanker Security Fleet under chapter 534 of such title, or the National Defense Reserve Fleet under section 57100 of such title; and (3) with a coastwise endorsement under chapter 121 of title 46, United States Code. 6. Regulations and guidance Not later than 180 days after the date of enactment of this Act, the Administrator of the Maritime Administration shall— (1) promulgate regulations under subchapter III of chapter 5 of title 5, United States Code, to fully implement and ensure compliance with section 2631 of title 10, United States Code, and section 55305 of title 46, United States Code; and (2) issue interagency guidance to other Federal departments and agencies on how to administer the programs in accordance with such Acts and the amendments made by the this Act, which shall include publication in the Federal Register and on the website of the Maritime Administration.
13,528
[ "Transportation and Infrastructure Committee", "Armed Services Committee" ]
118hr6407ih
118
hr
6,407
ih
To amend title XVIII of the Social Security Act to expand the availability of medical nutrition therapy services under the Medicare program.
[ { "text": "1. Short title \nThis Act may be cited as the Medical Nutrition Therapy Act of 2023.", "id": "HF4C7329A21ED487A90DC913FA24A2147", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Over two-thirds of Medicare fee-for-service beneficiaries have 2 or more chronic conditions, many of which can be prevented, delayed, treated, or managed through nutrition. (2) Individuals from many racial and ethnic minority backgrounds are more likely to be diagnosed with chronic diseases such as diabetes, prediabetes, chronic kidney disease, end-stage renal disease, and obesity. (3) Coverage for medical nutrition therapy is only available to Medicare Part B beneficiaries with diabetes or a renal disease, despite medical nutrition therapy being part of the standard of care, in clinical guidelines, and medically necessary for many more chronic conditions. (4) Medical nutrition therapy has been shown to be a cost-effective component of treatment for obesity, diabetes, hypertension, dyslipidemia, HIV infection, unintended weight loss in older adults, and other chronic conditions.", "id": "H6251AA4FAE4D4906B9589E072F5533AF", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Expanding the availability of medical nutrition therapy services under the medicare program \n(a) In general \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)(V), by striking in the case of and all that follows through organizations ; and (2) in subsection (vv)— (A) in paragraph (1)— (i) by striking disease management and inserting the prevention, management, or treatment of a disease or condition specified in paragraph (4) ; (ii) by striking by a physician and all that follows through the period at the end and inserting the following: by— (A) a physician (as defined in subsection (r)(1)); (B) a physician assistant (as defined in subsection (aa)(5)); (C) a nurse practitioner (as defined in subsection (aa)(5)); (D) a clinical nurse specialist (as defined in subsection (aa)(5)(B)); or (E) in the case of such services furnished to manage such a disease or condition that is an eating disorder, a clinical psychologist (as defined by the Secretary). ; and (iii) by adding at the end the following new sentence: Such term shall not include any such services furnished to an individual for the prevention, management, or treatment of a renal disease if such individual is receiving maintenance dialysis for which payment is made under section 1881. ; and (B) by adding at the end the following new paragraph: (4) For purposes of paragraph (1), the diseases and conditions specified in this paragraph are the following: (A) Diabetes. (B) Prediabetes. (C) A renal disease. (D) Obesity (as defined for purposes of subsection (yy)(2)(C) or as otherwise defined by the Secretary). (E) Hypertension. (F) Dyslipidemia. (G) Malnutrition. (H) Eating disorders. (I) Cancer. (J) Gastrointestinal diseases, including Celiac disease. (K) HIV. (L) AIDS. (M) Cardiovascular disease. (N) Any other disease or condition— (i) specified by the Secretary relating to unintentional weight loss; (ii) for which the Secretary determines the services described in paragraph (1) to be medically necessary and appropriate for the prevention, management, or treatment of such disease or condition, consistent with any applicable recommendations of the United States Preventive Services Task Force; or (iii) for which the Secretary determines the services described in paragraph (1) are medically necessary, consistent either with protocols established by registered dietitian or nutrition professional organizations or with accepted clinical guidelines identified by the Secretary.. (b) Exclusion modification \nSection 1862(a)(1) is amended— (1) in subparagraph (O), by striking and at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting , and ; and (3) by adding at the end the following new subparagraph: (Q) in the case of medical nutrition therapy services (as defined in section 1861(vv)), which are not furnished for the prevention, management, or treatment of a disease or condition specified in paragraph (4) of such section;. (c) Effective date \nThe amendments made by this section shall apply with respect to items and services furnished in years beginning on or after the date that is 2 years after the date of the enactment of this Act.", "id": "H9AF5D97394D249AAB8AAA8CC6675E222", "header": "Expanding the availability of medical nutrition therapy services under the medicare program", "nested": [ { "text": "(a) In general \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)(V), by striking in the case of and all that follows through organizations ; and (2) in subsection (vv)— (A) in paragraph (1)— (i) by striking disease management and inserting the prevention, management, or treatment of a disease or condition specified in paragraph (4) ; (ii) by striking by a physician and all that follows through the period at the end and inserting the following: by— (A) a physician (as defined in subsection (r)(1)); (B) a physician assistant (as defined in subsection (aa)(5)); (C) a nurse practitioner (as defined in subsection (aa)(5)); (D) a clinical nurse specialist (as defined in subsection (aa)(5)(B)); or (E) in the case of such services furnished to manage such a disease or condition that is an eating disorder, a clinical psychologist (as defined by the Secretary). ; and (iii) by adding at the end the following new sentence: Such term shall not include any such services furnished to an individual for the prevention, management, or treatment of a renal disease if such individual is receiving maintenance dialysis for which payment is made under section 1881. ; and (B) by adding at the end the following new paragraph: (4) For purposes of paragraph (1), the diseases and conditions specified in this paragraph are the following: (A) Diabetes. (B) Prediabetes. (C) A renal disease. (D) Obesity (as defined for purposes of subsection (yy)(2)(C) or as otherwise defined by the Secretary). (E) Hypertension. (F) Dyslipidemia. (G) Malnutrition. (H) Eating disorders. (I) Cancer. (J) Gastrointestinal diseases, including Celiac disease. (K) HIV. (L) AIDS. (M) Cardiovascular disease. (N) Any other disease or condition— (i) specified by the Secretary relating to unintentional weight loss; (ii) for which the Secretary determines the services described in paragraph (1) to be medically necessary and appropriate for the prevention, management, or treatment of such disease or condition, consistent with any applicable recommendations of the United States Preventive Services Task Force; or (iii) for which the Secretary determines the services described in paragraph (1) are medically necessary, consistent either with protocols established by registered dietitian or nutrition professional organizations or with accepted clinical guidelines identified by the Secretary..", "id": "H2C10AB785EDF40C39F0511A7757C14EB", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(b) Exclusion modification \nSection 1862(a)(1) is amended— (1) in subparagraph (O), by striking and at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting , and ; and (3) by adding at the end the following new subparagraph: (Q) in the case of medical nutrition therapy services (as defined in section 1861(vv)), which are not furnished for the prevention, management, or treatment of a disease or condition specified in paragraph (4) of such section;.", "id": "H67973C7019C542DF8E9CFFACAFF78F2E", "header": "Exclusion modification", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to items and services furnished in years beginning on or after the date that is 2 years after the date of the enactment of this Act.", "id": "H9F6C7387784B43BBB5726640A51338ED", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] } ]
3
1. Short title This Act may be cited as the Medical Nutrition Therapy Act of 2023. 2. Findings Congress finds the following: (1) Over two-thirds of Medicare fee-for-service beneficiaries have 2 or more chronic conditions, many of which can be prevented, delayed, treated, or managed through nutrition. (2) Individuals from many racial and ethnic minority backgrounds are more likely to be diagnosed with chronic diseases such as diabetes, prediabetes, chronic kidney disease, end-stage renal disease, and obesity. (3) Coverage for medical nutrition therapy is only available to Medicare Part B beneficiaries with diabetes or a renal disease, despite medical nutrition therapy being part of the standard of care, in clinical guidelines, and medically necessary for many more chronic conditions. (4) Medical nutrition therapy has been shown to be a cost-effective component of treatment for obesity, diabetes, hypertension, dyslipidemia, HIV infection, unintended weight loss in older adults, and other chronic conditions. 3. Expanding the availability of medical nutrition therapy services under the medicare program (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)(V), by striking in the case of and all that follows through organizations ; and (2) in subsection (vv)— (A) in paragraph (1)— (i) by striking disease management and inserting the prevention, management, or treatment of a disease or condition specified in paragraph (4) ; (ii) by striking by a physician and all that follows through the period at the end and inserting the following: by— (A) a physician (as defined in subsection (r)(1)); (B) a physician assistant (as defined in subsection (aa)(5)); (C) a nurse practitioner (as defined in subsection (aa)(5)); (D) a clinical nurse specialist (as defined in subsection (aa)(5)(B)); or (E) in the case of such services furnished to manage such a disease or condition that is an eating disorder, a clinical psychologist (as defined by the Secretary). ; and (iii) by adding at the end the following new sentence: Such term shall not include any such services furnished to an individual for the prevention, management, or treatment of a renal disease if such individual is receiving maintenance dialysis for which payment is made under section 1881. ; and (B) by adding at the end the following new paragraph: (4) For purposes of paragraph (1), the diseases and conditions specified in this paragraph are the following: (A) Diabetes. (B) Prediabetes. (C) A renal disease. (D) Obesity (as defined for purposes of subsection (yy)(2)(C) or as otherwise defined by the Secretary). (E) Hypertension. (F) Dyslipidemia. (G) Malnutrition. (H) Eating disorders. (I) Cancer. (J) Gastrointestinal diseases, including Celiac disease. (K) HIV. (L) AIDS. (M) Cardiovascular disease. (N) Any other disease or condition— (i) specified by the Secretary relating to unintentional weight loss; (ii) for which the Secretary determines the services described in paragraph (1) to be medically necessary and appropriate for the prevention, management, or treatment of such disease or condition, consistent with any applicable recommendations of the United States Preventive Services Task Force; or (iii) for which the Secretary determines the services described in paragraph (1) are medically necessary, consistent either with protocols established by registered dietitian or nutrition professional organizations or with accepted clinical guidelines identified by the Secretary.. (b) Exclusion modification Section 1862(a)(1) is amended— (1) in subparagraph (O), by striking and at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting , and ; and (3) by adding at the end the following new subparagraph: (Q) in the case of medical nutrition therapy services (as defined in section 1861(vv)), which are not furnished for the prevention, management, or treatment of a disease or condition specified in paragraph (4) of such section;. (c) Effective date The amendments made by this section shall apply with respect to items and services furnished in years beginning on or after the date that is 2 years after the date of the enactment of this Act.
4,233
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr217ih
118
hr
217
ih
To require retailers who offer products for purchase through an internet website or a mobile application to disclose on such website or application the country of origin for each product offered for sale.
[ { "text": "1. Short title \nThis Act may be cited as the Country of Origin Labeling Requirement Act.", "id": "H8B403FE95DDD43738042BB7C06437388", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Country of origin disclosure requirements for products sold on retail websites and mobile applications \n(a) Disclosure requirement \nAny person that operates an internet website or a mobile application and that sells or offers for sale, at retail, any product through such website or application, shall disclose on such website or application, in a clear and conspicuous manner, the country in which such product was manufactured or finally assembled. (b) Exclusion \nThe requirements in subsection (a) shall not be construed to apply to any individual who uses an internet website or a mobile application operated by another person to sell or offer for sale any product.", "id": "H154BEE2076BD48B5B366EF7EAD10A8B7", "header": "Country of origin disclosure requirements for products sold on retail websites and mobile applications", "nested": [ { "text": "(a) Disclosure requirement \nAny person that operates an internet website or a mobile application and that sells or offers for sale, at retail, any product through such website or application, shall disclose on such website or application, in a clear and conspicuous manner, the country in which such product was manufactured or finally assembled.", "id": "H6B2C34CF554B45A5BEDA7B47159EF4B5", "header": "Disclosure requirement", "nested": [], "links": [] }, { "text": "(b) Exclusion \nThe requirements in subsection (a) shall not be construed to apply to any individual who uses an internet website or a mobile application operated by another person to sell or offer for sale any product.", "id": "H0BD7FBFBBA934A9183A3838B9B73AF10", "header": "Exclusion", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Enforcement by the Federal Trade Commission \n(a) Unfair or deceptive acts or practices \nA violation of section 2(a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (b) Powers of the commission \nThe Federal Trade Commission shall enforce section 2(a) 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. Any person who violates such section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Effect on other laws \nNothing in this Act shall be construed in any way to limit or affect the authority of the Federal Trade Commission under any other provision of law.", "id": "H26F731DB701A43E09A96CB2EA4D240B9", "header": "Enforcement by the Federal Trade Commission", "nested": [ { "text": "(a) Unfair or deceptive acts or practices \nA violation of section 2(a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices.", "id": "H273046913BF84F71BD0C13EDEAD9D673", "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 the commission \nThe Federal Trade Commission shall enforce section 2(a) 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. Any person who violates such section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.", "id": "HCE3B607EAEB143CDA3E4330CC0AAFE27", "header": "Powers of the commission", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] }, { "text": "(c) Effect on other laws \nNothing in this Act shall be construed in any way to limit or affect the authority of the Federal Trade Commission under any other provision of law.", "id": "HFAA201DDEB6F4D88870B76AE0D63E26B", "header": "Effect on other laws", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] } ]
3
1. Short title This Act may be cited as the Country of Origin Labeling Requirement Act. 2. Country of origin disclosure requirements for products sold on retail websites and mobile applications (a) Disclosure requirement Any person that operates an internet website or a mobile application and that sells or offers for sale, at retail, any product through such website or application, shall disclose on such website or application, in a clear and conspicuous manner, the country in which such product was manufactured or finally assembled. (b) Exclusion The requirements in subsection (a) shall not be construed to apply to any individual who uses an internet website or a mobile application operated by another person to sell or offer for sale any product. 3. Enforcement by the Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of section 2(a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (b) Powers of the commission The Federal Trade Commission shall enforce section 2(a) 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. Any person who violates such section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Effect on other laws Nothing in this Act shall be construed in any way to limit or affect the authority of the Federal Trade Commission under any other provision of law.
1,739
[ "Energy and Commerce Committee" ]
118hr1771ih
118
hr
1,771
ih
To amend section 248 of title 18, United States Code, to provide adequate penalties and remedies for attacks on facilities providing counseling about abortion alternatives and attacks on places of religious worship.
[ { "text": "1. Short title \nThis Act may be cited as the Pregnancy Resource Center Defense Act.", "id": "H7BA50FD58E4042C79AF4C3740EF34BF7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Attacks on facilities providing counseling about abortion alternatives and places of religious worship \n(a) Criminal penalties \nSection 248(b)(1) of title 18, United States Code, is amended by inserting , except that for a first offense, if the conduct involved a facility described in subsection (a)(3) that exclusively provides abortion-alternative services or involved a place of religious worship and did not involve exclusively a nonviolent physical obstruction, the length of imprisonment shall be not more than 3 years after or both. (b) Civil remedies \nSection 248(c) of title 18, United States Code, is amended— (1) in paragraph (1)(B), in the second sentence, by inserting , or $20,000 per violation for conduct involving a facility described in subsection (a)(3) that exclusively provides abortion-alternative services or involving a place of religious worship after per violation ; and (2) in paragraph (2)(B)(i), by inserting , $25,000 for a first violation, if the violation involved a facility described in subsection (a)(3) that exclusively provides abortion-alternative services or involved a place of religious worship and did not involve exclusively a nonviolent physical obstruction, after physical obstruction.", "id": "HFC4241E3D00D4E01A194BF19B9D71DE8", "header": "Attacks on facilities providing counseling about abortion alternatives and places of religious worship", "nested": [ { "text": "(a) Criminal penalties \nSection 248(b)(1) of title 18, United States Code, is amended by inserting , except that for a first offense, if the conduct involved a facility described in subsection (a)(3) that exclusively provides abortion-alternative services or involved a place of religious worship and did not involve exclusively a nonviolent physical obstruction, the length of imprisonment shall be not more than 3 years after or both.", "id": "H6A8FB1743DF64D38A105962550DCD312", "header": "Criminal penalties", "nested": [], "links": [] }, { "text": "(b) Civil remedies \nSection 248(c) of title 18, United States Code, is amended— (1) in paragraph (1)(B), in the second sentence, by inserting , or $20,000 per violation for conduct involving a facility described in subsection (a)(3) that exclusively provides abortion-alternative services or involving a place of religious worship after per violation ; and (2) in paragraph (2)(B)(i), by inserting , $25,000 for a first violation, if the violation involved a facility described in subsection (a)(3) that exclusively provides abortion-alternative services or involved a place of religious worship and did not involve exclusively a nonviolent physical obstruction, after physical obstruction.", "id": "HC505B67FE44A4CDEA61360D93B338CD1", "header": "Civil remedies", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Destruction of buildings, vehicles, and property \nSection 844(i) of title 18, United States Code, is amended by inserting or if the building is a facility described in section 248(a)(3) that exclusively provides abortion-alternative services or is a place of religious worship, before shall be imprisoned for not less than 7 years.", "id": "HAAF560B2018942A8901BF1136C0CD360", "header": "Destruction of buildings, vehicles, and property", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Pregnancy Resource Center Defense Act. 2. Attacks on facilities providing counseling about abortion alternatives and places of religious worship (a) Criminal penalties Section 248(b)(1) of title 18, United States Code, is amended by inserting , except that for a first offense, if the conduct involved a facility described in subsection (a)(3) that exclusively provides abortion-alternative services or involved a place of religious worship and did not involve exclusively a nonviolent physical obstruction, the length of imprisonment shall be not more than 3 years after or both. (b) Civil remedies Section 248(c) of title 18, United States Code, is amended— (1) in paragraph (1)(B), in the second sentence, by inserting , or $20,000 per violation for conduct involving a facility described in subsection (a)(3) that exclusively provides abortion-alternative services or involving a place of religious worship after per violation ; and (2) in paragraph (2)(B)(i), by inserting , $25,000 for a first violation, if the violation involved a facility described in subsection (a)(3) that exclusively provides abortion-alternative services or involved a place of religious worship and did not involve exclusively a nonviolent physical obstruction, after physical obstruction. 3. Destruction of buildings, vehicles, and property Section 844(i) of title 18, United States Code, is amended by inserting or if the building is a facility described in section 248(a)(3) that exclusively provides abortion-alternative services or is a place of religious worship, before shall be imprisoned for not less than 7 years.
1,653
[ "Judiciary Committee" ]
118hr5670ih
118
hr
5,670
ih
To require certain actions relating to the protection of free, fair, and transparent elections in Venezuela, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Venezuelans Overcoming Interference and Corruption in Elections Act or the VOICE Act.", "id": "HF32156A66FF64CE0A60E8211E091859E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Sense of Congress \nIt is the sense of Congress that— (1) the arbitrary and unconstitutional actions of the Maduro regime to undermine Venezuelan democracy, including attempts to disqualify opposition candidates from participating in the 2024 presidential election, demonstrate flagrant disregard for the basic political rights of Venezuelans and merit condemnation in the strongest terms from the United States and other Western Hemisphere democracies; (2) the disqualification of political opponents illustrates the Maduro regime’s intent to continue to remove checks and balances on the executive, politicize the judiciary, undermine the independence of the legislature through use of executive decree powers, persecute and prosecute its political opponents, curtail freedom of the press, and limit the free expression of its citizens; (3) the United States supports the people of Venezuela in their efforts to advance representative democracy, human rights, and the rule of law within their country; and (4) the United States should make every possible effort to promote international recognition of the legitimacy of the presidential primary organized by the democratic Unitary Platform, and to support the registration and participation of Venezuelan migrants and refugees residing in the United States in the election.", "id": "HE88C8F580627498FBD88D169E0DEE1C6", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "3. Sanctions for certain actions relating to disqualification of Venezuelan presidential candidates \n(a) In general \nThe President shall impose the sanctions described in subsection (b) with respect to any foreign person, including any current or former official of the Government of Venezuela or any person acting on behalf of that Government, that the President determines— (1) has prevented, or is responsible for ordering or otherwise directing the prevention of, any individual that the President determines to be an opponent candidate, or prospective opponent candidate, seeking presidential election (including María Corina Machado, Henrique Capriles, and Freddy Superlano) from participating in the 2024 Venezuelan presidential election; or (2) has knowingly materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services in support of, the commission of the acts described in paragraph (1). (b) Sanctions described \n(1) In general \nThe sanctions described in this subsection are the following: (A) Asset blocking \nThe exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Exclusion from the United States and revocation of visa or other documentation \nIn the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of any visa or other documentation of the alien. (2) Penalties \nA person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Exceptions \nThe sanctions described in paragraph (1) shall not apply with respect to a foreign person— (A) that the President determines is the subject of other sanctions equivalent to those described in paragraph (1); or (B) that is an alien, if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver \nThe President may waive the application of sanctions under subsection (b) with respect to a foreign person if the President— (1) determines that such a waiver is in the national interest of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a notice of and justification for the waiver. (d) Regulatory authority \nThe President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (e) Definition \nIn this section: (1) Admitted; alien \nThe terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Foreign person \nThe term foreign person means a person that is not a United States person. (3) Good \nThe term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (4) Knowingly \nThe term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) Materially assisted \nThe term materially assisted means the provision of assistance that is significant and of a kind directly relevant to acts described in paragraphs (1) through (3) of subsection (a). (6) United States person \nThe term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.", "id": "H207103DC36424599AD90A8B8FE57553A", "header": "Sanctions for certain actions relating to disqualification of Venezuelan presidential candidates", "nested": [ { "text": "(a) In general \nThe President shall impose the sanctions described in subsection (b) with respect to any foreign person, including any current or former official of the Government of Venezuela or any person acting on behalf of that Government, that the President determines— (1) has prevented, or is responsible for ordering or otherwise directing the prevention of, any individual that the President determines to be an opponent candidate, or prospective opponent candidate, seeking presidential election (including María Corina Machado, Henrique Capriles, and Freddy Superlano) from participating in the 2024 Venezuelan presidential election; or (2) has knowingly materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services in support of, the commission of the acts described in paragraph (1).", "id": "HCF4A87E7F3D844138C0E817437A73D48", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Sanctions described \n(1) In general \nThe sanctions described in this subsection are the following: (A) Asset blocking \nThe exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Exclusion from the United States and revocation of visa or other documentation \nIn the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of any visa or other documentation of the alien. (2) Penalties \nA person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Exceptions \nThe sanctions described in paragraph (1) shall not apply with respect to a foreign person— (A) that the President determines is the subject of other sanctions equivalent to those described in paragraph (1); or (B) that is an alien, if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.", "id": "H7EC0405515EC4C84AB45E881EB7DF5FC", "header": "Sanctions described", "nested": [], "links": [ { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "8 U.S.C. 1201(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1201" }, { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" } ] }, { "text": "(c) Waiver \nThe President may waive the application of sanctions under subsection (b) with respect to a foreign person if the President— (1) determines that such a waiver is in the national interest of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a notice of and justification for the waiver.", "id": "H4A939813DBE844EFA17C8C9F2DB8572E", "header": "Waiver", "nested": [], "links": [] }, { "text": "(d) Regulatory authority \nThe President shall issue such regulations, licenses, and orders as are necessary to carry out this section.", "id": "H4176F2A422C34A88803F25FCBF2F6CA0", "header": "Regulatory authority", "nested": [], "links": [] }, { "text": "(e) Definition \nIn this section: (1) Admitted; alien \nThe terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Foreign person \nThe term foreign person means a person that is not a United States person. (3) Good \nThe term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (4) Knowingly \nThe term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) Materially assisted \nThe term materially assisted means the provision of assistance that is significant and of a kind directly relevant to acts described in paragraphs (1) through (3) of subsection (a). (6) United States person \nThe term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.", "id": "H7450F5F562C443F28A2DEBE6B86ACB75", "header": "Definition", "nested": [], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "50 U.S.C. App. 2415", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2415" }, { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] } ], "links": [ { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "8 U.S.C. 1201(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1201" }, { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "50 U.S.C. App. 2415", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2415" }, { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "4. International coordination on behalf of Venezuelan democracy \n(a) Sense of congress \nIt is the sense of Congress that the United States should engage with the Government of Canada, the European Union, the governments of other European countries, and the democratically elected governments of countries in Latin America and the Caribbean to enhance diplomatic cooperation and policy coordination toward the shared objective of restoring democracy for the Venezuelan people. (b) International organizations \nThe President, in consultation with the Secretary of State, shall direct the appropriate officials of the United States Government to use the voice, vote, and influence of the United States at international organizations to— (1) urge the Organization of American States and the United Nations, as well as any subordinate entities of either organization responsible for promoting democracy, to support the mission of the independent Venezuelan primary organizing commission by— (A) assisting efforts to register eligible Venezuelan nationals residing in third countries to vote in future elections in Venezuela; (B) ensuring the integrity and security of personal identifying information collected from Venezuelan nationals residing in other countries; (C) facilitating the delivery by nongovernmental organizations of humanitarian assistance and other critical services to the Venezuelan people, who may be subject to increasingly restrictive policies in advance of the 2024 election; (D) dispatching independent election observers to conduct oversight of the handling of the 2024 Venezuelan presidential election by the Maduro regime; and (E) documenting and reporting on attempts by the Maduro regime to suppress the vote through threats, intimidation, violence, blackmail, or extortion; (2) encourage international organizations to condemn the practice of the Maduro regime of disqualifying political opponents; and (3) commend the efforts of the Venezuelan democratic opposition to organize a free, fair, and transparent election in 2024 and provide an electoral alternative to the Maduro regime, which has committed crimes against humanity as evidenced by the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela established by the United Nations Human Rights Council, in the report of such mission published in October 2022.", "id": "H852ADDF3E3AC4CC49B0B4CE1CF339CB4", "header": "International coordination on behalf of Venezuelan democracy", "nested": [ { "text": "(a) Sense of congress \nIt is the sense of Congress that the United States should engage with the Government of Canada, the European Union, the governments of other European countries, and the democratically elected governments of countries in Latin America and the Caribbean to enhance diplomatic cooperation and policy coordination toward the shared objective of restoring democracy for the Venezuelan people.", "id": "H2FA04BB3F32045FBA50108614DF3577F", "header": "Sense of congress", "nested": [], "links": [] }, { "text": "(b) International organizations \nThe President, in consultation with the Secretary of State, shall direct the appropriate officials of the United States Government to use the voice, vote, and influence of the United States at international organizations to— (1) urge the Organization of American States and the United Nations, as well as any subordinate entities of either organization responsible for promoting democracy, to support the mission of the independent Venezuelan primary organizing commission by— (A) assisting efforts to register eligible Venezuelan nationals residing in third countries to vote in future elections in Venezuela; (B) ensuring the integrity and security of personal identifying information collected from Venezuelan nationals residing in other countries; (C) facilitating the delivery by nongovernmental organizations of humanitarian assistance and other critical services to the Venezuelan people, who may be subject to increasingly restrictive policies in advance of the 2024 election; (D) dispatching independent election observers to conduct oversight of the handling of the 2024 Venezuelan presidential election by the Maduro regime; and (E) documenting and reporting on attempts by the Maduro regime to suppress the vote through threats, intimidation, violence, blackmail, or extortion; (2) encourage international organizations to condemn the practice of the Maduro regime of disqualifying political opponents; and (3) commend the efforts of the Venezuelan democratic opposition to organize a free, fair, and transparent election in 2024 and provide an electoral alternative to the Maduro regime, which has committed crimes against humanity as evidenced by the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela established by the United Nations Human Rights Council, in the report of such mission published in October 2022.", "id": "HC4DF5986062648B9B7C9C9B4FC94E2D7", "header": "International organizations", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Additional actions in support of democracy in Venezuela \n(a) Sense of Congress \nIt is the sense of Congress that a solution of the political and humanitarian crisis in Venezuela must include— (1) a new presidential election in Venezuela that complies with international standards for a free, fair, and transparent electoral process; (2) an end to the usurpation of presidential authorities by Nicolás Maduro; (3) the restoration of democracy and the rule of law in Venezuela; (4) freeing political prisoners in Venezuela; (5) consistent and unhindered delivery of humanitarian aid to Venezuelans; and (6) accountability for the perpetrators of acts determined to be crimes against humanity by the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela established by the United Nations Human Rights Council. (b) Special representative \nNot later than 90 days after the date of the enactment of this Act, the President, in consultation with the Secretary of State, shall appoint a Special Representative for Venezuela from among the officers and employees of the Department of State, who shall assume primary responsibility for the following: (1) Coordinating initiatives across the United States Government to assist in streamlining United States policy toward Venezuela and ensuring prompt response to any changing political, economic, and humanitarian dynamics in Venezuela. (2) Supporting the Venezuela Affairs Unit in delivering information to Federal departments and agencies responsible for developing and implementing United States policy toward Venezuela. (3) Assisting the Venezuela Affairs Unit, the United States Citizenship and Immigration Services, and other Federal departments and agencies responsible for the administration of consular affairs in providing consular services to United States citizens in Venezuela and Venezuelans residing in the United States or in third countries. (4) Facilitating the participation of members of the Venezuelan diaspora residing in the United States in Venezuelan elections determined by the President to be free and fair with the uninhibited participation of opposition candidates. (5) Providing the appropriate congressional committees with briefs on the status of democracy and human rights in Venezuela. (c) Report required \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State, the Administrator for the United States Agency for International Development, and the Chief Executive Officer of the United States Agency for Global Media, shall jointly submit to the appropriate congressional committees a report on obstacles to promoting independent news media and free access to information in Venezuela. Such report shall include— (1) an evaluation of the governmental, political, and technological obstacles faced by the people of Venezuela in their efforts to obtain accurate, objective, and comprehensive news and information about domestic and international affairs; (2) a list of all television channels, radio stations, online news sites, and other media platforms operating in Venezuela that are directly or indirectly owned or beneficially controlled by Nicolás Maduro, members of the Maduro family, or individuals associated with his regime, and the extent of the operational scale and reach of any such platforms; (3) a list of all television channels, radio stations, online news sites, and other media platforms operating in Venezuela that are directly or indirectly owned or beneficially controlled by individuals or entities associated with the Russian Federation, the Chinese Communist Party, the Islamic Republic of Iran, the Ortega regime in Nicaragua, or the Communist government of Cuba, and the operational scale and reach of any such platforms; (4) a list of any independent press organization, or person affiliated with such an organization, that has experienced intimidation, harassment, physical assault, theft of property, or fatal injury by agents of the Maduro regime or pro-government supporters in direct relation to their journalistic activities since April 2013; (5) an assessment of the extent to which the current level and type of news and related programming and content provided by the Voice of America and other sources is addressing the informational needs of the people of Venezuela; (6) a description of existing United States efforts to strengthen freedom of the press and freedom of expression in Venezuela, including recommendations to expand upon those efforts; and (7) a proposed strategy for strengthening independent broadcasting, information distribution, and media platforms in Venezuela. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.", "id": "H3DC8C660D78C4D4791ACB311D104AF8F", "header": "Additional actions in support of democracy in Venezuela", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that a solution of the political and humanitarian crisis in Venezuela must include— (1) a new presidential election in Venezuela that complies with international standards for a free, fair, and transparent electoral process; (2) an end to the usurpation of presidential authorities by Nicolás Maduro; (3) the restoration of democracy and the rule of law in Venezuela; (4) freeing political prisoners in Venezuela; (5) consistent and unhindered delivery of humanitarian aid to Venezuelans; and (6) accountability for the perpetrators of acts determined to be crimes against humanity by the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela established by the United Nations Human Rights Council.", "id": "HB893AE5CD7F848559949C5BF30A47E68", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Special representative \nNot later than 90 days after the date of the enactment of this Act, the President, in consultation with the Secretary of State, shall appoint a Special Representative for Venezuela from among the officers and employees of the Department of State, who shall assume primary responsibility for the following: (1) Coordinating initiatives across the United States Government to assist in streamlining United States policy toward Venezuela and ensuring prompt response to any changing political, economic, and humanitarian dynamics in Venezuela. (2) Supporting the Venezuela Affairs Unit in delivering information to Federal departments and agencies responsible for developing and implementing United States policy toward Venezuela. (3) Assisting the Venezuela Affairs Unit, the United States Citizenship and Immigration Services, and other Federal departments and agencies responsible for the administration of consular affairs in providing consular services to United States citizens in Venezuela and Venezuelans residing in the United States or in third countries. (4) Facilitating the participation of members of the Venezuelan diaspora residing in the United States in Venezuelan elections determined by the President to be free and fair with the uninhibited participation of opposition candidates. (5) Providing the appropriate congressional committees with briefs on the status of democracy and human rights in Venezuela.", "id": "H754C2208FB944670B96341511215440D", "header": "Special representative", "nested": [], "links": [] }, { "text": "(c) Report required \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State, the Administrator for the United States Agency for International Development, and the Chief Executive Officer of the United States Agency for Global Media, shall jointly submit to the appropriate congressional committees a report on obstacles to promoting independent news media and free access to information in Venezuela. Such report shall include— (1) an evaluation of the governmental, political, and technological obstacles faced by the people of Venezuela in their efforts to obtain accurate, objective, and comprehensive news and information about domestic and international affairs; (2) a list of all television channels, radio stations, online news sites, and other media platforms operating in Venezuela that are directly or indirectly owned or beneficially controlled by Nicolás Maduro, members of the Maduro family, or individuals associated with his regime, and the extent of the operational scale and reach of any such platforms; (3) a list of all television channels, radio stations, online news sites, and other media platforms operating in Venezuela that are directly or indirectly owned or beneficially controlled by individuals or entities associated with the Russian Federation, the Chinese Communist Party, the Islamic Republic of Iran, the Ortega regime in Nicaragua, or the Communist government of Cuba, and the operational scale and reach of any such platforms; (4) a list of any independent press organization, or person affiliated with such an organization, that has experienced intimidation, harassment, physical assault, theft of property, or fatal injury by agents of the Maduro regime or pro-government supporters in direct relation to their journalistic activities since April 2013; (5) an assessment of the extent to which the current level and type of news and related programming and content provided by the Voice of America and other sources is addressing the informational needs of the people of Venezuela; (6) a description of existing United States efforts to strengthen freedom of the press and freedom of expression in Venezuela, including recommendations to expand upon those efforts; and (7) a proposed strategy for strengthening independent broadcasting, information distribution, and media platforms in Venezuela.", "id": "H718F5ED3CE434AEA9F4606F426BE0E33", "header": "Report required", "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 Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.", "id": "HDFA0C53813A8407E97272D14B5B439BA", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [] } ]
5
1. Short title This Act may be cited as the Venezuelans Overcoming Interference and Corruption in Elections Act or the VOICE Act. 2. Sense of Congress It is the sense of Congress that— (1) the arbitrary and unconstitutional actions of the Maduro regime to undermine Venezuelan democracy, including attempts to disqualify opposition candidates from participating in the 2024 presidential election, demonstrate flagrant disregard for the basic political rights of Venezuelans and merit condemnation in the strongest terms from the United States and other Western Hemisphere democracies; (2) the disqualification of political opponents illustrates the Maduro regime’s intent to continue to remove checks and balances on the executive, politicize the judiciary, undermine the independence of the legislature through use of executive decree powers, persecute and prosecute its political opponents, curtail freedom of the press, and limit the free expression of its citizens; (3) the United States supports the people of Venezuela in their efforts to advance representative democracy, human rights, and the rule of law within their country; and (4) the United States should make every possible effort to promote international recognition of the legitimacy of the presidential primary organized by the democratic Unitary Platform, and to support the registration and participation of Venezuelan migrants and refugees residing in the United States in the election. 3. Sanctions for certain actions relating to disqualification of Venezuelan presidential candidates (a) In general The President shall impose the sanctions described in subsection (b) with respect to any foreign person, including any current or former official of the Government of Venezuela or any person acting on behalf of that Government, that the President determines— (1) has prevented, or is responsible for ordering or otherwise directing the prevention of, any individual that the President determines to be an opponent candidate, or prospective opponent candidate, seeking presidential election (including María Corina Machado, Henrique Capriles, and Freddy Superlano) from participating in the 2024 Venezuelan presidential election; or (2) has knowingly materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services in support of, the commission of the acts described in paragraph (1). (b) Sanctions described (1) In general The sanctions described in this subsection are the following: (A) Asset blocking The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Exclusion from the United States and revocation of visa or other documentation In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of any visa or other documentation of the alien. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Exceptions The sanctions described in paragraph (1) shall not apply with respect to a foreign person— (A) that the President determines is the subject of other sanctions equivalent to those described in paragraph (1); or (B) that is an alien, if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver The President may waive the application of sanctions under subsection (b) with respect to a foreign person if the President— (1) determines that such a waiver is in the national interest of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a notice of and justification for the waiver. (d) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (e) Definition In this section: (1) Admitted; alien The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Foreign person The term foreign person means a person that is not a United States person. (3) Good The term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (4) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) Materially assisted The term materially assisted means the provision of assistance that is significant and of a kind directly relevant to acts described in paragraphs (1) through (3) of subsection (a). (6) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 4. International coordination on behalf of Venezuelan democracy (a) Sense of congress It is the sense of Congress that the United States should engage with the Government of Canada, the European Union, the governments of other European countries, and the democratically elected governments of countries in Latin America and the Caribbean to enhance diplomatic cooperation and policy coordination toward the shared objective of restoring democracy for the Venezuelan people. (b) International organizations The President, in consultation with the Secretary of State, shall direct the appropriate officials of the United States Government to use the voice, vote, and influence of the United States at international organizations to— (1) urge the Organization of American States and the United Nations, as well as any subordinate entities of either organization responsible for promoting democracy, to support the mission of the independent Venezuelan primary organizing commission by— (A) assisting efforts to register eligible Venezuelan nationals residing in third countries to vote in future elections in Venezuela; (B) ensuring the integrity and security of personal identifying information collected from Venezuelan nationals residing in other countries; (C) facilitating the delivery by nongovernmental organizations of humanitarian assistance and other critical services to the Venezuelan people, who may be subject to increasingly restrictive policies in advance of the 2024 election; (D) dispatching independent election observers to conduct oversight of the handling of the 2024 Venezuelan presidential election by the Maduro regime; and (E) documenting and reporting on attempts by the Maduro regime to suppress the vote through threats, intimidation, violence, blackmail, or extortion; (2) encourage international organizations to condemn the practice of the Maduro regime of disqualifying political opponents; and (3) commend the efforts of the Venezuelan democratic opposition to organize a free, fair, and transparent election in 2024 and provide an electoral alternative to the Maduro regime, which has committed crimes against humanity as evidenced by the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela established by the United Nations Human Rights Council, in the report of such mission published in October 2022. 5. Additional actions in support of democracy in Venezuela (a) Sense of Congress It is the sense of Congress that a solution of the political and humanitarian crisis in Venezuela must include— (1) a new presidential election in Venezuela that complies with international standards for a free, fair, and transparent electoral process; (2) an end to the usurpation of presidential authorities by Nicolás Maduro; (3) the restoration of democracy and the rule of law in Venezuela; (4) freeing political prisoners in Venezuela; (5) consistent and unhindered delivery of humanitarian aid to Venezuelans; and (6) accountability for the perpetrators of acts determined to be crimes against humanity by the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela established by the United Nations Human Rights Council. (b) Special representative Not later than 90 days after the date of the enactment of this Act, the President, in consultation with the Secretary of State, shall appoint a Special Representative for Venezuela from among the officers and employees of the Department of State, who shall assume primary responsibility for the following: (1) Coordinating initiatives across the United States Government to assist in streamlining United States policy toward Venezuela and ensuring prompt response to any changing political, economic, and humanitarian dynamics in Venezuela. (2) Supporting the Venezuela Affairs Unit in delivering information to Federal departments and agencies responsible for developing and implementing United States policy toward Venezuela. (3) Assisting the Venezuela Affairs Unit, the United States Citizenship and Immigration Services, and other Federal departments and agencies responsible for the administration of consular affairs in providing consular services to United States citizens in Venezuela and Venezuelans residing in the United States or in third countries. (4) Facilitating the participation of members of the Venezuelan diaspora residing in the United States in Venezuelan elections determined by the President to be free and fair with the uninhibited participation of opposition candidates. (5) Providing the appropriate congressional committees with briefs on the status of democracy and human rights in Venezuela. (c) Report required Not later than 90 days after the date of the enactment of this Act, the Secretary of State, the Administrator for the United States Agency for International Development, and the Chief Executive Officer of the United States Agency for Global Media, shall jointly submit to the appropriate congressional committees a report on obstacles to promoting independent news media and free access to information in Venezuela. Such report shall include— (1) an evaluation of the governmental, political, and technological obstacles faced by the people of Venezuela in their efforts to obtain accurate, objective, and comprehensive news and information about domestic and international affairs; (2) a list of all television channels, radio stations, online news sites, and other media platforms operating in Venezuela that are directly or indirectly owned or beneficially controlled by Nicolás Maduro, members of the Maduro family, or individuals associated with his regime, and the extent of the operational scale and reach of any such platforms; (3) a list of all television channels, radio stations, online news sites, and other media platforms operating in Venezuela that are directly or indirectly owned or beneficially controlled by individuals or entities associated with the Russian Federation, the Chinese Communist Party, the Islamic Republic of Iran, the Ortega regime in Nicaragua, or the Communist government of Cuba, and the operational scale and reach of any such platforms; (4) a list of any independent press organization, or person affiliated with such an organization, that has experienced intimidation, harassment, physical assault, theft of property, or fatal injury by agents of the Maduro regime or pro-government supporters in direct relation to their journalistic activities since April 2013; (5) an assessment of the extent to which the current level and type of news and related programming and content provided by the Voice of America and other sources is addressing the informational needs of the people of Venezuela; (6) a description of existing United States efforts to strengthen freedom of the press and freedom of expression in Venezuela, including recommendations to expand upon those efforts; and (7) a proposed strategy for strengthening independent broadcasting, information distribution, and media platforms in Venezuela. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
13,776
[ "Judiciary Committee", "Foreign Affairs Committee" ]
118hr3856ih
118
hr
3,856
ih
To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to include in the high-priority research and extension initiatives research on mango plant health, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Mango Plant Health Initiative Act.", "id": "H932976FBD7C94EB7905250F1893D46E2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Mango Plant Health Initiative \n(a) In general \nSection 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(d) ) is amended by adding at the end the following: (21) Mango Plant Health Initiative Act \nResearch and extension grants may be made under this section for a term of not less than 5 years for the purposes of— (A) studying potential resistance and tolerance of mangos to native and nonnative disease and insect pests; (B) conducting research for treatment of pests that affect mangos, including Colletotrichum spp; (C) conducting field studies to evaluate cultivars of mangos with enhanced resistance to diseases and pests; (D) disseminating information and educating growers on best practices to promote the safe production of mangos; and (E) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, pathogens such as Colletotrichum spp or insect pests, such as thrips.. (b) Extension \nSection 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(h) ) is amended by striking 2023 and inserting 2028.", "id": "H618A5ECA2CDD4799A63474B7FD74F87D", "header": "Mango Plant Health Initiative", "nested": [ { "text": "(a) In general \nSection 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(d) ) is amended by adding at the end the following: (21) Mango Plant Health Initiative Act \nResearch and extension grants may be made under this section for a term of not less than 5 years for the purposes of— (A) studying potential resistance and tolerance of mangos to native and nonnative disease and insect pests; (B) conducting research for treatment of pests that affect mangos, including Colletotrichum spp; (C) conducting field studies to evaluate cultivars of mangos with enhanced resistance to diseases and pests; (D) disseminating information and educating growers on best practices to promote the safe production of mangos; and (E) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, pathogens such as Colletotrichum spp or insect pests, such as thrips..", "id": "HA01C88AC7033420493BBB5E996CDD80E", "header": "In general", "nested": [], "links": [ { "text": "7 U.S.C. 5925(d)", "legal-doc": "usc", "parsable-cite": "usc/7/5925" } ] }, { "text": "(b) Extension \nSection 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(h) ) is amended by striking 2023 and inserting 2028.", "id": "H1874D4C7D61F4362AB5E9CB431D0F8CD", "header": "Extension", "nested": [], "links": [ { "text": "7 U.S.C. 5925(h)", "legal-doc": "usc", "parsable-cite": "usc/7/5925" } ] } ], "links": [ { "text": "7 U.S.C. 5925(d)", "legal-doc": "usc", "parsable-cite": "usc/7/5925" }, { "text": "7 U.S.C. 5925(h)", "legal-doc": "usc", "parsable-cite": "usc/7/5925" } ] } ]
2
1. Short title This Act may be cited as the Mango Plant Health Initiative Act. 2. Mango Plant Health Initiative (a) In general Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(d) ) is amended by adding at the end the following: (21) Mango Plant Health Initiative Act Research and extension grants may be made under this section for a term of not less than 5 years for the purposes of— (A) studying potential resistance and tolerance of mangos to native and nonnative disease and insect pests; (B) conducting research for treatment of pests that affect mangos, including Colletotrichum spp; (C) conducting field studies to evaluate cultivars of mangos with enhanced resistance to diseases and pests; (D) disseminating information and educating growers on best practices to promote the safe production of mangos; and (E) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, pathogens such as Colletotrichum spp or insect pests, such as thrips.. (b) Extension Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(h) ) is amended by striking 2023 and inserting 2028.
1,221
[ "Agriculture Committee" ]
118hr1257ih
118
hr
1,257
ih
To direct the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, to amend certain regulations to require all helicopters and rotorcraft to fly at the maximum altitude permitted by the Federal Aviation Administration in the District of Columbia, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Reducing Helicopter Noise in the District of Columbia Act.", "id": "HBF88486E5C3C40B2AB696DE225D3513E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Helicopter noise reduction \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall amend such regulations as are necessary to require all helicopters and rotorcraft in the District of Columbia to fly at the maximum altitude permitted by the Federal Aviation Administration in the District of Columbia. (b) Exceptions \nIn amending regulations under subsection (a), the Secretary of Transportation shall exempt the following activities: (1) Ensuring the safe operation of the helicopter or rotorcraft and any other aircraft. (2) Transporting the President or Vice President. (3) Protecting the health of a patient in a medical helicopter or rotorcraft. (4) Taking off or landing a helicopter or rotorcraft. (5) During an active law enforcement or rescue operation.", "id": "H430B6E80DFE04CC1BEF3475EF7CA12D3", "header": "Helicopter noise reduction", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall amend such regulations as are necessary to require all helicopters and rotorcraft in the District of Columbia to fly at the maximum altitude permitted by the Federal Aviation Administration in the District of Columbia.", "id": "HDEBC82E05D964F69858F53E96C936EB2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exceptions \nIn amending regulations under subsection (a), the Secretary of Transportation shall exempt the following activities: (1) Ensuring the safe operation of the helicopter or rotorcraft and any other aircraft. (2) Transporting the President or Vice President. (3) Protecting the health of a patient in a medical helicopter or rotorcraft. (4) Taking off or landing a helicopter or rotorcraft. (5) During an active law enforcement or rescue operation.", "id": "H9C4E9C1F00AA43B7B103365135867A65", "header": "Exceptions", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Reducing Helicopter Noise in the District of Columbia Act. 2. Helicopter noise reduction (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall amend such regulations as are necessary to require all helicopters and rotorcraft in the District of Columbia to fly at the maximum altitude permitted by the Federal Aviation Administration in the District of Columbia. (b) Exceptions In amending regulations under subsection (a), the Secretary of Transportation shall exempt the following activities: (1) Ensuring the safe operation of the helicopter or rotorcraft and any other aircraft. (2) Transporting the President or Vice President. (3) Protecting the health of a patient in a medical helicopter or rotorcraft. (4) Taking off or landing a helicopter or rotorcraft. (5) During an active law enforcement or rescue operation.
1,007
[ "Transportation and Infrastructure Committee" ]
118hr3535ih
118
hr
3,535
ih
To amend section 337 of the Tariff Act of 1930 with respect to requirements for domestic industries, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Advancing America’s Interests Act.", "id": "H8288E7C5E90945C5851190FBC37A2D5A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purpose \nThe purpose of this Act is to ensure that the resources of the United States International Trade Commission are focused on protecting genuine domestic industries and to safeguard the public health and welfare and the United States economy (including competitive conditions).", "id": "HB7F1224E15BF4868ACCF71B8EA280516", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. Unfair practices in import trade \n(a) In general \nSection 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ) is amended as follows: (1) Subsection (a) is amended— (A) in paragraph (3)— (i) by striking or at the end of subparagraph (B); (ii) in subparagraph (C), by striking engineering, research and development, or licensing. and inserting engineering and research and development; or ; and (iii) by adding after subparagraph (C) the following: (D) substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design. ; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) For purposes of paragraph (3), the complainant may not rely upon activities by its licensees unless the license leads to the adoption and development of articles that incorporate the claimed patent, copyright, trademark, mask work, or design for sale in the United States.. (2) Subsection (b) is amended— (A) in paragraph (1), by inserting after the first sentence the following: For a complaint under oath, a person may be relied upon to qualify as an industry under subsection (a)(2) only if the person joins the complaint under oath, except that nothing in this sentence shall be construed to compel such a person to join the complaint. ; and (B) by adding at the end the following: (4) (A) The Commission shall identify, at the beginning of an investigation, whether the investigation presents a dispositive issue appropriate for an expedited fact finding and an abbreviated hearing limited to that issue, and shall direct the assigned administrative law judge to issue an initial determination on such issue not later than 100 days after the investigation is instituted. (B) Any initial determination by the assigned administrative law judge under subparagraph (A) shall stay the investigation pending Commission action.. (3) Subsection (c) is amended— (A) by striking the first sentence and inserting the following: (1) The Commission shall determine, with respect to each investigation conducted by it under this section, whether or not there is a violation of this section, except that the Commission— (A) may, by issuing a consent order or on the basis of an agreement between the private parties to the investigation, including an agreement to present the matter for arbitration, terminate any such investigation, in whole or in part, without making such a determination; or (B) may determine during the course of the investigation that the exclusion of articles under investigation would not be in the interest of the public, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles by the complainant and its licensees, and United States consumers, and terminate any such investigation, in whole or in part, without making any further determination. ; (B) in the second sentence, by striking Each determination and inserting the following: (2) Each determination ; (C) by striking its findings on the public health and welfare, competitive conditions in the United States economy, and inserting its findings on the public health and welfare, the United States economy (including competitive conditions), ; and (D) by inserting by the complainant and its licensees after the production of like or directly competitive articles in the United States. (4) Subsection (d)(1) is amended by striking the first sentence and inserting the following: (1) If the Commission determines, as a result of an investigation under this section, that there is both (A) a violation of this section and (B) exclusion of the articles concerned is in the interest of the public, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles in the United States by complainant and its licensees, and United States consumers, then the Commission shall direct that the articles concerned that are imported by any person violating the provisions of this section be excluded from entry into the United States.. (5) Subsection (e)(1) is amended by striking the first sentence and inserting the following: If, during the course of an investigation under this section, the Commission determines that there is reason to believe that there is a violation of this section and that exclusion of the articles concerned would be in the interest of the public, the Commission may direct that the articles concerned that are imported by any person with respect to whom there is reason to believe that such person is violating this section be excluded from entry into the United States, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles in the United States by the complainant and its licensees, and United States consumers.. (6) Subsection (f)(1) is amended by striking the first sentence and inserting the following: In addition to, or in lieu of, taking action under subsection (d) or (e), the Commission may issue and cause to be served on any person violating this section, or believed to be violating this section, as the case may be, an order directing such person to cease and desist from engaging in the unfair methods or acts involved, after considering the nature of the articles concerned and the effect of such order upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles in the United States by complainant and its licensees and United States consumers.. (7) Subsection (g)(1) is amended by amending the matter following subparagraph (E) to read as follows: the Commission shall presume the facts alleged in the complaint to be true and shall, upon request, issue an exclusion from entry or a cease and desist order, or both, limited to that person, after considering the nature of the articles concerned and the effect of such exclusion or order upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles in the United States by the complainant and its licensees and United States consumers.. (b) Effective date \nThe amendments made by subsection (a) shall apply to complaints filed under section 337 of the Tariff Act of 1930 on or after the date of the enactment of this Act.", "id": "H0823E4A4739B422792CE49375E398A05", "header": "Unfair practices in import trade", "nested": [ { "text": "(a) In general \nSection 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ) is amended as follows: (1) Subsection (a) is amended— (A) in paragraph (3)— (i) by striking or at the end of subparagraph (B); (ii) in subparagraph (C), by striking engineering, research and development, or licensing. and inserting engineering and research and development; or ; and (iii) by adding after subparagraph (C) the following: (D) substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design. ; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) For purposes of paragraph (3), the complainant may not rely upon activities by its licensees unless the license leads to the adoption and development of articles that incorporate the claimed patent, copyright, trademark, mask work, or design for sale in the United States.. (2) Subsection (b) is amended— (A) in paragraph (1), by inserting after the first sentence the following: For a complaint under oath, a person may be relied upon to qualify as an industry under subsection (a)(2) only if the person joins the complaint under oath, except that nothing in this sentence shall be construed to compel such a person to join the complaint. ; and (B) by adding at the end the following: (4) (A) The Commission shall identify, at the beginning of an investigation, whether the investigation presents a dispositive issue appropriate for an expedited fact finding and an abbreviated hearing limited to that issue, and shall direct the assigned administrative law judge to issue an initial determination on such issue not later than 100 days after the investigation is instituted. (B) Any initial determination by the assigned administrative law judge under subparagraph (A) shall stay the investigation pending Commission action.. (3) Subsection (c) is amended— (A) by striking the first sentence and inserting the following: (1) The Commission shall determine, with respect to each investigation conducted by it under this section, whether or not there is a violation of this section, except that the Commission— (A) may, by issuing a consent order or on the basis of an agreement between the private parties to the investigation, including an agreement to present the matter for arbitration, terminate any such investigation, in whole or in part, without making such a determination; or (B) may determine during the course of the investigation that the exclusion of articles under investigation would not be in the interest of the public, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles by the complainant and its licensees, and United States consumers, and terminate any such investigation, in whole or in part, without making any further determination. ; (B) in the second sentence, by striking Each determination and inserting the following: (2) Each determination ; (C) by striking its findings on the public health and welfare, competitive conditions in the United States economy, and inserting its findings on the public health and welfare, the United States economy (including competitive conditions), ; and (D) by inserting by the complainant and its licensees after the production of like or directly competitive articles in the United States. (4) Subsection (d)(1) is amended by striking the first sentence and inserting the following: (1) If the Commission determines, as a result of an investigation under this section, that there is both (A) a violation of this section and (B) exclusion of the articles concerned is in the interest of the public, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles in the United States by complainant and its licensees, and United States consumers, then the Commission shall direct that the articles concerned that are imported by any person violating the provisions of this section be excluded from entry into the United States.. (5) Subsection (e)(1) is amended by striking the first sentence and inserting the following: If, during the course of an investigation under this section, the Commission determines that there is reason to believe that there is a violation of this section and that exclusion of the articles concerned would be in the interest of the public, the Commission may direct that the articles concerned that are imported by any person with respect to whom there is reason to believe that such person is violating this section be excluded from entry into the United States, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles in the United States by the complainant and its licensees, and United States consumers.. (6) Subsection (f)(1) is amended by striking the first sentence and inserting the following: In addition to, or in lieu of, taking action under subsection (d) or (e), the Commission may issue and cause to be served on any person violating this section, or believed to be violating this section, as the case may be, an order directing such person to cease and desist from engaging in the unfair methods or acts involved, after considering the nature of the articles concerned and the effect of such order upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles in the United States by complainant and its licensees and United States consumers.. (7) Subsection (g)(1) is amended by amending the matter following subparagraph (E) to read as follows: the Commission shall presume the facts alleged in the complaint to be true and shall, upon request, issue an exclusion from entry or a cease and desist order, or both, limited to that person, after considering the nature of the articles concerned and the effect of such exclusion or order upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles in the United States by the complainant and its licensees and United States consumers..", "id": "H0AD509E246994EB7A6B55C8C01D54121", "header": "In general", "nested": [], "links": [ { "text": "19 U.S.C. 1337", "legal-doc": "usc", "parsable-cite": "usc/19/1337" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall apply to complaints filed under section 337 of the Tariff Act of 1930 on or after the date of the enactment of this Act.", "id": "H419714A01FF44F409E0DAE481BFDAC90", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "19 U.S.C. 1337", "legal-doc": "usc", "parsable-cite": "usc/19/1337" } ] } ]
3
1. Short title This Act may be cited as the Advancing America’s Interests Act. 2. Purpose The purpose of this Act is to ensure that the resources of the United States International Trade Commission are focused on protecting genuine domestic industries and to safeguard the public health and welfare and the United States economy (including competitive conditions). 3. Unfair practices in import trade (a) In general Section 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ) is amended as follows: (1) Subsection (a) is amended— (A) in paragraph (3)— (i) by striking or at the end of subparagraph (B); (ii) in subparagraph (C), by striking engineering, research and development, or licensing. and inserting engineering and research and development; or ; and (iii) by adding after subparagraph (C) the following: (D) substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design. ; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) For purposes of paragraph (3), the complainant may not rely upon activities by its licensees unless the license leads to the adoption and development of articles that incorporate the claimed patent, copyright, trademark, mask work, or design for sale in the United States.. (2) Subsection (b) is amended— (A) in paragraph (1), by inserting after the first sentence the following: For a complaint under oath, a person may be relied upon to qualify as an industry under subsection (a)(2) only if the person joins the complaint under oath, except that nothing in this sentence shall be construed to compel such a person to join the complaint. ; and (B) by adding at the end the following: (4) (A) The Commission shall identify, at the beginning of an investigation, whether the investigation presents a dispositive issue appropriate for an expedited fact finding and an abbreviated hearing limited to that issue, and shall direct the assigned administrative law judge to issue an initial determination on such issue not later than 100 days after the investigation is instituted. (B) Any initial determination by the assigned administrative law judge under subparagraph (A) shall stay the investigation pending Commission action.. (3) Subsection (c) is amended— (A) by striking the first sentence and inserting the following: (1) The Commission shall determine, with respect to each investigation conducted by it under this section, whether or not there is a violation of this section, except that the Commission— (A) may, by issuing a consent order or on the basis of an agreement between the private parties to the investigation, including an agreement to present the matter for arbitration, terminate any such investigation, in whole or in part, without making such a determination; or (B) may determine during the course of the investigation that the exclusion of articles under investigation would not be in the interest of the public, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles by the complainant and its licensees, and United States consumers, and terminate any such investigation, in whole or in part, without making any further determination. ; (B) in the second sentence, by striking Each determination and inserting the following: (2) Each determination ; (C) by striking its findings on the public health and welfare, competitive conditions in the United States economy, and inserting its findings on the public health and welfare, the United States economy (including competitive conditions), ; and (D) by inserting by the complainant and its licensees after the production of like or directly competitive articles in the United States. (4) Subsection (d)(1) is amended by striking the first sentence and inserting the following: (1) If the Commission determines, as a result of an investigation under this section, that there is both (A) a violation of this section and (B) exclusion of the articles concerned is in the interest of the public, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles in the United States by complainant and its licensees, and United States consumers, then the Commission shall direct that the articles concerned that are imported by any person violating the provisions of this section be excluded from entry into the United States.. (5) Subsection (e)(1) is amended by striking the first sentence and inserting the following: If, during the course of an investigation under this section, the Commission determines that there is reason to believe that there is a violation of this section and that exclusion of the articles concerned would be in the interest of the public, the Commission may direct that the articles concerned that are imported by any person with respect to whom there is reason to believe that such person is violating this section be excluded from entry into the United States, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles in the United States by the complainant and its licensees, and United States consumers.. (6) Subsection (f)(1) is amended by striking the first sentence and inserting the following: In addition to, or in lieu of, taking action under subsection (d) or (e), the Commission may issue and cause to be served on any person violating this section, or believed to be violating this section, as the case may be, an order directing such person to cease and desist from engaging in the unfair methods or acts involved, after considering the nature of the articles concerned and the effect of such order upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles in the United States by complainant and its licensees and United States consumers.. (7) Subsection (g)(1) is amended by amending the matter following subparagraph (E) to read as follows: the Commission shall presume the facts alleged in the complaint to be true and shall, upon request, issue an exclusion from entry or a cease and desist order, or both, limited to that person, after considering the nature of the articles concerned and the effect of such exclusion or order upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles in the United States by the complainant and its licensees and United States consumers.. (b) Effective date The amendments made by subsection (a) shall apply to complaints filed under section 337 of the Tariff Act of 1930 on or after the date of the enactment of this Act.
7,224
[ "Ways and Means Committee" ]
118hr5823ih
118
hr
5,823
ih
To provide for continued operation of the Coast Guard in the event of a lapse in appropriation.
[ { "text": "1. Continued operation of Coast Guard \nIn the case of a lapse in appropriations for the Coast Guard, there are appropriated such amounts as may be necessary for the operation of the Coast Guard for the lesser of— (1) 30 days; or (2) the duration of the lapse in appropriation.", "id": "HF854AD138DB74461A3BC5EF362AEFD0F", "header": "Continued operation of Coast Guard", "nested": [], "links": [] } ]
1
1. Continued operation of Coast Guard In the case of a lapse in appropriations for the Coast Guard, there are appropriated such amounts as may be necessary for the operation of the Coast Guard for the lesser of— (1) 30 days; or (2) the duration of the lapse in appropriation.
276
[ "Appropriations Committee" ]
118hr2496ih
118
hr
2,496
ih
To provide interim appropriations for the Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans for each fiscal year after fiscal year 2022, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting Gold Star Spouses Act of 2023.", "id": "H0C78988FC53F4C60A30449073AB64099", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Interim appropriations for the coast guard retired serviceman’s family protection and survivor benefits plans \n(a) In general \nThere are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for each fiscal year after fiscal year 2022, such sums as necessary for payment of the Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans, as are described in the provision regarding Coast Guard retired pay in title II of division F of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), at a rate for operations and under the terms and conditions provided by the most recent law making full-year appropriations for such Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans. (b) Effect of enactment of subsequent appropriations \nIf an appropriation for such Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans, or a general appropriation bill providing appropriations for the Coast Guard without provision for such Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans, is enacted into law on any date after the date of the enactment of this Act that provides for appropriations during a fiscal year following the expenditure of funds during such fiscal year pursuant to this Act— (1) such expenditure shall be charged to such appropriation (if any); and (2) appropriations made available for such fiscal year pursuant to this Act shall not be available after the date of enactment of such appropriation or general appropriation bill.", "id": "HBDA65A8115284990ACC12D77351B2BDE", "header": "Interim appropriations for the coast guard retired serviceman’s family protection and survivor benefits plans", "nested": [ { "text": "(a) In general \nThere are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for each fiscal year after fiscal year 2022, such sums as necessary for payment of the Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans, as are described in the provision regarding Coast Guard retired pay in title II of division F of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), at a rate for operations and under the terms and conditions provided by the most recent law making full-year appropriations for such Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans.", "id": "H1869C682A3FA4F54B0E71A82A863E9F4", "header": "In general", "nested": [], "links": [ { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" } ] }, { "text": "(b) Effect of enactment of subsequent appropriations \nIf an appropriation for such Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans, or a general appropriation bill providing appropriations for the Coast Guard without provision for such Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans, is enacted into law on any date after the date of the enactment of this Act that provides for appropriations during a fiscal year following the expenditure of funds during such fiscal year pursuant to this Act— (1) such expenditure shall be charged to such appropriation (if any); and (2) appropriations made available for such fiscal year pursuant to this Act shall not be available after the date of enactment of such appropriation or general appropriation bill.", "id": "HDA9242F4E3D04174834C8BCA6CE826F4", "header": "Effect of enactment of subsequent appropriations", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" } ] } ]
2
1. Short title This Act may be cited as the Protecting Gold Star Spouses Act of 2023. 2. Interim appropriations for the coast guard retired serviceman’s family protection and survivor benefits plans (a) In general There are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for each fiscal year after fiscal year 2022, such sums as necessary for payment of the Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans, as are described in the provision regarding Coast Guard retired pay in title II of division F of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), at a rate for operations and under the terms and conditions provided by the most recent law making full-year appropriations for such Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans. (b) Effect of enactment of subsequent appropriations If an appropriation for such Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans, or a general appropriation bill providing appropriations for the Coast Guard without provision for such Coast Guard Retired Serviceman’s Family Protection and Survivor Benefits Plans, is enacted into law on any date after the date of the enactment of this Act that provides for appropriations during a fiscal year following the expenditure of funds during such fiscal year pursuant to this Act— (1) such expenditure shall be charged to such appropriation (if any); and (2) appropriations made available for such fiscal year pursuant to this Act shall not be available after the date of enactment of such appropriation or general appropriation bill.
1,663
[ "Appropriations Committee" ]
118hr4974ih
118
hr
4,974
ih
To amend the Communications Act of 1934 to improve the accessibility of 9–8–8, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Local 9–8–8 Response Act of 2023.", "id": "HB4AA0BAB90574EB2AFC7D384BF90272F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. 9–8–8 Improvement \n(a) Proximity-Based routing \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations to ensure that each phone call, text message, and chat made or sent to 9–8–8 is routed to the participating crisis center that is closest to the geographic area from which such phone call, text message, or chat originated. (2) Limitation \nIn promulgating regulations under paragraph (1), the Commission shall protect the privacy of individuals who contact 9–8–8 by ensuring that a call, text message, or chat made or sent to 9–8–8 does not reveal the precise location of the individual who made or sent such call, text message, or chat. (b) Transmission of all calls and texts \nNot later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations to ensure that each provider of commercial mobile service transmits all calls and text messages made or sent to 9–8–8, including a call or text message that originates from a non-service-initialized handset (if such call or text message originates on a phone using a compliant radio frequency protocol of the provider). (c) Configuration of multi-Line telephone systems for direct dialing \n(1) In general \nSection 721 of the Communications Act of 1934 ( 47 U.S.C. 623 ) is amended— (A) in the section heading, by inserting and 9–8–8 after 9–1–1 ; (B) in subsection (a), by inserting and 9–8–8 after 9–1–1 ; and (C) in subsection (b), by inserting and 9–8–8 after 9–1–1. (2) Applicability \n(A) In general \nThe amendments made by paragraph (1) shall apply to actions occurring on and after the date that is 2 years after the date of the enactment of this Act. (B) Exception \nThe amendment made by paragraph (1)(C) shall not apply to the management or operation of a multi-line telephone system installed before the date that is 2 years after the date of the enactment of this Act, if such system is not able to be configured to satisfy the requirements of such amendment, without an improvement to the hardware or software of the system. (d) Definitions \nIn this section: (1) 9–8–8 \nThe term 9–8–8 means 9–8–8, as designated as the universal telephone number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system under section 251(e)(4) of the Communications Act of 1934 ( 47 U.S.C. 251(e)(4) ). (2) Commercial mobile service \nThe term commercial mobile service has the meaning given such term in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ). (3) Commission \nThe term Commission means the Federal Communications Commission. (4) Non-service-initialized handset \nThe term non-service-initialized handset has the meaning given that term in section 9.10(o)(3)(i) of title 47, Code of Federal Regulations.", "id": "H1A7D402A58AB48F99CBE2DC15D31DBCF", "header": "9–8–8 Improvement", "nested": [ { "text": "(a) Proximity-Based routing \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations to ensure that each phone call, text message, and chat made or sent to 9–8–8 is routed to the participating crisis center that is closest to the geographic area from which such phone call, text message, or chat originated. (2) Limitation \nIn promulgating regulations under paragraph (1), the Commission shall protect the privacy of individuals who contact 9–8–8 by ensuring that a call, text message, or chat made or sent to 9–8–8 does not reveal the precise location of the individual who made or sent such call, text message, or chat.", "id": "H27EB4F88A9D24E808636E6DC9613C8A9", "header": "Proximity-Based routing", "nested": [], "links": [] }, { "text": "(b) Transmission of all calls and texts \nNot later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations to ensure that each provider of commercial mobile service transmits all calls and text messages made or sent to 9–8–8, including a call or text message that originates from a non-service-initialized handset (if such call or text message originates on a phone using a compliant radio frequency protocol of the provider).", "id": "H48AE8EE694384CFBACE207012079887E", "header": "Transmission of all calls and texts", "nested": [], "links": [] }, { "text": "(c) Configuration of multi-Line telephone systems for direct dialing \n(1) In general \nSection 721 of the Communications Act of 1934 ( 47 U.S.C. 623 ) is amended— (A) in the section heading, by inserting and 9–8–8 after 9–1–1 ; (B) in subsection (a), by inserting and 9–8–8 after 9–1–1 ; and (C) in subsection (b), by inserting and 9–8–8 after 9–1–1. (2) Applicability \n(A) In general \nThe amendments made by paragraph (1) shall apply to actions occurring on and after the date that is 2 years after the date of the enactment of this Act. (B) Exception \nThe amendment made by paragraph (1)(C) shall not apply to the management or operation of a multi-line telephone system installed before the date that is 2 years after the date of the enactment of this Act, if such system is not able to be configured to satisfy the requirements of such amendment, without an improvement to the hardware or software of the system.", "id": "HFEF03D524B9C4FE8B2D6F70E8E6C81EE", "header": "Configuration of multi-Line telephone systems for direct dialing", "nested": [], "links": [ { "text": "47 U.S.C. 623", "legal-doc": "usc", "parsable-cite": "usc/47/623" } ] }, { "text": "(d) Definitions \nIn this section: (1) 9–8–8 \nThe term 9–8–8 means 9–8–8, as designated as the universal telephone number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system under section 251(e)(4) of the Communications Act of 1934 ( 47 U.S.C. 251(e)(4) ). (2) Commercial mobile service \nThe term commercial mobile service has the meaning given such term in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ). (3) Commission \nThe term Commission means the Federal Communications Commission. (4) Non-service-initialized handset \nThe term non-service-initialized handset has the meaning given that term in section 9.10(o)(3)(i) of title 47, Code of Federal Regulations.", "id": "H6C5DE0173CA842E69DF55432B0E11FD0", "header": "Definitions", "nested": [], "links": [ { "text": "47 U.S.C. 251(e)(4)", "legal-doc": "usc", "parsable-cite": "usc/47/251" }, { "text": "47 U.S.C. 332(d)", "legal-doc": "usc", "parsable-cite": "usc/47/332" } ] } ], "links": [ { "text": "47 U.S.C. 623", "legal-doc": "usc", "parsable-cite": "usc/47/623" }, { "text": "47 U.S.C. 251(e)(4)", "legal-doc": "usc", "parsable-cite": "usc/47/251" }, { "text": "47 U.S.C. 332(d)", "legal-doc": "usc", "parsable-cite": "usc/47/332" } ] } ]
2
1. Short title This Act may be cited as the Local 9–8–8 Response Act of 2023. 2. 9–8–8 Improvement (a) Proximity-Based routing (1) In general Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations to ensure that each phone call, text message, and chat made or sent to 9–8–8 is routed to the participating crisis center that is closest to the geographic area from which such phone call, text message, or chat originated. (2) Limitation In promulgating regulations under paragraph (1), the Commission shall protect the privacy of individuals who contact 9–8–8 by ensuring that a call, text message, or chat made or sent to 9–8–8 does not reveal the precise location of the individual who made or sent such call, text message, or chat. (b) Transmission of all calls and texts Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations to ensure that each provider of commercial mobile service transmits all calls and text messages made or sent to 9–8–8, including a call or text message that originates from a non-service-initialized handset (if such call or text message originates on a phone using a compliant radio frequency protocol of the provider). (c) Configuration of multi-Line telephone systems for direct dialing (1) In general Section 721 of the Communications Act of 1934 ( 47 U.S.C. 623 ) is amended— (A) in the section heading, by inserting and 9–8–8 after 9–1–1 ; (B) in subsection (a), by inserting and 9–8–8 after 9–1–1 ; and (C) in subsection (b), by inserting and 9–8–8 after 9–1–1. (2) Applicability (A) In general The amendments made by paragraph (1) shall apply to actions occurring on and after the date that is 2 years after the date of the enactment of this Act. (B) Exception The amendment made by paragraph (1)(C) shall not apply to the management or operation of a multi-line telephone system installed before the date that is 2 years after the date of the enactment of this Act, if such system is not able to be configured to satisfy the requirements of such amendment, without an improvement to the hardware or software of the system. (d) Definitions In this section: (1) 9–8–8 The term 9–8–8 means 9–8–8, as designated as the universal telephone number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system under section 251(e)(4) of the Communications Act of 1934 ( 47 U.S.C. 251(e)(4) ). (2) Commercial mobile service The term commercial mobile service has the meaning given such term in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ). (3) Commission The term Commission means the Federal Communications Commission. (4) Non-service-initialized handset The term non-service-initialized handset has the meaning given that term in section 9.10(o)(3)(i) of title 47, Code of Federal Regulations.
2,933
[ "Energy and Commerce Committee" ]
118hr6590ih
118
hr
6,590
ih
To improve access to the Program of All-Inclusive Care for the Elderly, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Program of All-inclusive Care for the Elderly Expanded Act or the PACE Expanded Act.", "id": "H7E4065D7D090461D80270B237FC7F620", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Anytime enrollment in PACE \n(a) In general \n(1) Any time enrollment and effective date \nSection 1894(c)(5) of the Social Security Act ( 42 U.S.C. 1395eee(c)(5) ) is amended by adding at the end the following new subparagraph: (C) Any time enrollment and effective date of enrollment \n(i) Any time enrollment \nA PACE program eligible individual may enroll in a PACE program at any time during a month. (ii) Effective date \nSubject to clause (iii), the enrollment of a PACE program eligible individual in a PACE program shall be effective on the date the PACE provider operating the PACE program receives an enrollment agreement signed by such PACE program eligible individual with respect to such PACE program. (iii) Special rule in the case of dual eligible beneficiaries \nIn the case of a PACE program eligible individual who is eligible for benefits under this title and title XIX, clause (i) shall only apply if the State in which such individual resides has made an election under section 1934(c)(5)(C) to permit PACE program eligible individuals to enroll in a PACE program at any time during a month in such State.. (2) Prorated payments \nSection 1894(d) of the Social Security Act ( 42 U.S.C. 1395eee(d) ) is amended by adding at the end the following new paragraph: (4) Prorated payments \nIn the case of a PACE program eligible individual enrolled in a PACE program operated by a PACE provider with an enrollment effective date that is not the first day of a month, the capitation amount that would otherwise be made under this subsection to the PACE provider for such individual for the first month in which such individual is so enrolled shall be prorated accordingly.. (b) Conforming amendments \n(1) Anytime enrollment and effective date \nSection 1934(c)(5) of the Social Security Act ( 42 U.S.C. 1396u–4(c)(5) ) is amended by adding at the end the following new subparagraph: (C) State option to permit any time enrollment and effective date of enrollment \n(i) Any time enrollment \nA State may elect to permit a PACE program eligible individual to enroll in a PACE program at any time during a month. (ii) Effective date \nPursuant to a State election made under clause (i), the enrollment of a PACE program eligible individual in a PACE program shall be effective on the date the PACE provider operating the PACE program receives an enrollment agreement signed by such PACE program eligible individual with respect to such PACE program.. (2) Prorated payments \nSection 1934(d) of the Social Security Act ( 42 U.S.C. 1396u–4(d) ) is amended by adding at the end the following new paragraph: (3) Prorated payments \nIf a State elects under subsection (c)(5)(C) to permit enrollment at any time during a month, in the case of a PACE program eligible individual enrolled in a PACE program operated by a PACE provider with an enrollment effective date that is not the first day of a month, the State shall prorate the capitation amount that would otherwise be made under this subsection to the PACE provider for such individual for the first month in which such individual is so enrolled.. (c) Effective date \nThe amendments made by this section shall take effect on January 1, 2025.", "id": "HE9CE2F325C0C44B2A52BC3165EC1C36F", "header": "Anytime enrollment in PACE", "nested": [ { "text": "(a) In general \n(1) Any time enrollment and effective date \nSection 1894(c)(5) of the Social Security Act ( 42 U.S.C. 1395eee(c)(5) ) is amended by adding at the end the following new subparagraph: (C) Any time enrollment and effective date of enrollment \n(i) Any time enrollment \nA PACE program eligible individual may enroll in a PACE program at any time during a month. (ii) Effective date \nSubject to clause (iii), the enrollment of a PACE program eligible individual in a PACE program shall be effective on the date the PACE provider operating the PACE program receives an enrollment agreement signed by such PACE program eligible individual with respect to such PACE program. (iii) Special rule in the case of dual eligible beneficiaries \nIn the case of a PACE program eligible individual who is eligible for benefits under this title and title XIX, clause (i) shall only apply if the State in which such individual resides has made an election under section 1934(c)(5)(C) to permit PACE program eligible individuals to enroll in a PACE program at any time during a month in such State.. (2) Prorated payments \nSection 1894(d) of the Social Security Act ( 42 U.S.C. 1395eee(d) ) is amended by adding at the end the following new paragraph: (4) Prorated payments \nIn the case of a PACE program eligible individual enrolled in a PACE program operated by a PACE provider with an enrollment effective date that is not the first day of a month, the capitation amount that would otherwise be made under this subsection to the PACE provider for such individual for the first month in which such individual is so enrolled shall be prorated accordingly..", "id": "H54756E08C3F443D4853E087D6BC9D5AB", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395eee(c)(5)", "legal-doc": "usc", "parsable-cite": "usc/42/1395eee" }, { "text": "42 U.S.C. 1395eee(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1395eee" } ] }, { "text": "(b) Conforming amendments \n(1) Anytime enrollment and effective date \nSection 1934(c)(5) of the Social Security Act ( 42 U.S.C. 1396u–4(c)(5) ) is amended by adding at the end the following new subparagraph: (C) State option to permit any time enrollment and effective date of enrollment \n(i) Any time enrollment \nA State may elect to permit a PACE program eligible individual to enroll in a PACE program at any time during a month. (ii) Effective date \nPursuant to a State election made under clause (i), the enrollment of a PACE program eligible individual in a PACE program shall be effective on the date the PACE provider operating the PACE program receives an enrollment agreement signed by such PACE program eligible individual with respect to such PACE program.. (2) Prorated payments \nSection 1934(d) of the Social Security Act ( 42 U.S.C. 1396u–4(d) ) is amended by adding at the end the following new paragraph: (3) Prorated payments \nIf a State elects under subsection (c)(5)(C) to permit enrollment at any time during a month, in the case of a PACE program eligible individual enrolled in a PACE program operated by a PACE provider with an enrollment effective date that is not the first day of a month, the State shall prorate the capitation amount that would otherwise be made under this subsection to the PACE provider for such individual for the first month in which such individual is so enrolled..", "id": "H16A84399AFF04C8C9B9BAFDA9554D508", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 1396u–4(c)(5)", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-4" }, { "text": "42 U.S.C. 1396u–4(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-4" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall take effect on January 1, 2025.", "id": "H8C5698DE971B4F42A87463A85D0C560C", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395eee(c)(5)", "legal-doc": "usc", "parsable-cite": "usc/42/1395eee" }, { "text": "42 U.S.C. 1395eee(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1395eee" }, { "text": "42 U.S.C. 1396u–4(c)(5)", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-4" }, { "text": "42 U.S.C. 1396u–4(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-4" } ] }, { "text": "3. PACE site approval and expansion \n(a) In general \nSections 1894(e) and 1934(e) of the Social Security Act ( 42 U.S.C. 1395eee(e) ; 1396u–4(e)) are each amended by striking paragraph (8) and inserting the following: (8) Authority to submit applications at any time; timely consideration of applications \n(A) Authority to submit applications at any time \n(i) New PACE provider status \nAn entity that seeks to become a PACE provider may submit an application for PACE provider status at any time. (ii) Service area expansion and addition of PACE center site \nTo the extent the Secretary requires a PACE provider to submit an application to expand its service area or to add a PACE center site (or both), a PACE provider may submit such an application at any time, subject to the requirements of section 460.12(d) of title 42, Code of Federal Regulations (relating to the first trial period audit), or any successor regulation. (iii) Assurances \nAn application for PACE provider status under clause (i) or to add a PACE center site under clause (ii) shall include the following assurances: (I) An assurance that the required members of the interdisciplinary team are employees or contractors of the proposed PACE center or will be employees or contractors of the proposed PACE center by the time the PACE center becomes operational. (II) An assurance that— (aa) the PACE provider’s contracts for all contractors and contracted personnel will be executed by the time the proposed PACE center becomes operational; and (bb) executed contracts may include provisions for staffing levels commensurate with enrollment to full projected census. (B) Deemed approval \nAn application described in subparagraph (A) shall be deemed approved unless the Secretary, within 45 days after the date of the submission of the application to the Secretary, either denies such request in writing or informs the applicant in writing with respect to any additional information that is needed in order to make a final determination with respect to the application. After the date the Secretary receives such additional information, the application shall be deemed approved unless the Secretary, within 45 days of such date, denies such request.. (b) Effective date \nThe amendments made by subsection (a) shall take effect on January 1, 2025.", "id": "HD68284C648654165896493067D4500F2", "header": "PACE site approval and expansion", "nested": [ { "text": "(a) In general \nSections 1894(e) and 1934(e) of the Social Security Act ( 42 U.S.C. 1395eee(e) ; 1396u–4(e)) are each amended by striking paragraph (8) and inserting the following: (8) Authority to submit applications at any time; timely consideration of applications \n(A) Authority to submit applications at any time \n(i) New PACE provider status \nAn entity that seeks to become a PACE provider may submit an application for PACE provider status at any time. (ii) Service area expansion and addition of PACE center site \nTo the extent the Secretary requires a PACE provider to submit an application to expand its service area or to add a PACE center site (or both), a PACE provider may submit such an application at any time, subject to the requirements of section 460.12(d) of title 42, Code of Federal Regulations (relating to the first trial period audit), or any successor regulation. (iii) Assurances \nAn application for PACE provider status under clause (i) or to add a PACE center site under clause (ii) shall include the following assurances: (I) An assurance that the required members of the interdisciplinary team are employees or contractors of the proposed PACE center or will be employees or contractors of the proposed PACE center by the time the PACE center becomes operational. (II) An assurance that— (aa) the PACE provider’s contracts for all contractors and contracted personnel will be executed by the time the proposed PACE center becomes operational; and (bb) executed contracts may include provisions for staffing levels commensurate with enrollment to full projected census. (B) Deemed approval \nAn application described in subparagraph (A) shall be deemed approved unless the Secretary, within 45 days after the date of the submission of the application to the Secretary, either denies such request in writing or informs the applicant in writing with respect to any additional information that is needed in order to make a final determination with respect to the application. After the date the Secretary receives such additional information, the application shall be deemed approved unless the Secretary, within 45 days of such date, denies such request..", "id": "HD215963FACE74435AD88995F05D14C3D", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395eee(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1395eee" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall take effect on January 1, 2025.", "id": "HC7C88D95AB374A4A941A1694F44BF023", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395eee(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1395eee" } ] }, { "text": "4. PACE pilot \nSection 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) ) is amended— (1) in subparagraph (B), by adding at the end the following new clause: (xxviii) National testing of a model for expanded eligibility for the Program of All-Inclusive Care for the Elderly as described in subparagraph (D). ; and (2) by adding at the end the following new subparagraph: (D) National testing of model for expanded eligibility for the program of all-inclusive care for the elderly \nIn the case where the Secretary selects the model described in clause (ii) of this subparagraph for testing pursuant to clause (xxviii) of subparagraph (B), the following shall apply: (i) National testing \n(I) In general \nSubject to subclause (II), the Secretary shall design a demonstration that allows each PACE provider with an executed PACE agreement to develop and submit to the Secretary an application to begin testing expanded PACE eligibility for high-need and high-cost populations that are not otherwise eligible to participate in a PACE program within 1 year of the date on which the model is selected. (II) No effect on ongoing models or demonstration projects \nNothing in this subparagraph shall affect the testing of any model under this subsection or any demonstration project under this Act that is implemented prior to the date of the enactment of this subparagraph. (ii) Model described \nThe model described in this clause seeks to increase access to quality, integrated, care for high-need, high-cost individuals who are not otherwise eligible to participate in a PACE program in order to improve health and reduce cost. Under this model, participating PACE providers would— (I) be paid fixed, monthly capitated rates from both Medicare and the applicable State Medicaid agency for all services provided to each enrollee fitting the criteria of the PACE provider’s designated population; (II) partner with non-PACE providers, such as Area Agencies on Aging, Centers for Independent Living, local hospitals, and non-hospital providers such as physicians, behavioral health providers and other community-based organizations to effectively reach the PACE provider’s selected population; (III) adapt the PACE program model of care to appropriately serve the PACE provider’s selected population to integrate care and meet the unique needs of said population; and (IV) if the PACE provider is located in a State that has not yet served the selected population through a PACE program under section 1934, receive an up-front fixed payment to coordinate with the State to develop a capitated payment rate, with appropriate risk adjustment, for the PACE provider’s selected population. (iii) Requirements for participating PACE organizations \nIn order to participate in the model, a PACE provider must— (I) conduct a survey or needs assessment of their service area to determine the most appropriate population with which to expand their services; (II) receive prior approval from the applicable State Medicaid agency to submit an application to participate in the model; and (III) following such survey or needs assessment and approval from the applicable State Medicaid agency, submit and receive approval of an application of expansion from the Secretary. (iv) Application \nA PACE provider’s application to participate in this model shall include the following information: (I) Results of the survey or needs assessment of their service area under clause (iii)(I) and an explanation of the expanded population the PACE organization will serve. (II) The types of services that the expanded population will require and the PACE provider's plan to implement these services. (III) How the PACE provider will achieve engagement and enrollment of the new population in the model, including how it will partner with non-PACE providers in the applicable service area. (IV) How the expanded population’s participation in the PACE program is intended to improve quality of care and health outcomes under the model. (V) Certification that the applicable State Medicaid agency has approved the PACE provider's application to participate in the model. (VI) Plans to coordinate with the State Medicaid agency to develop an initial capitated rate with appropriate risk adjustment. (VII) Plans for the PACE provider and the State Medicaid agency to review and adjust the Medicaid capitated rate on a biennial basis, as needed. (VIII) Any other information required by the Secretary. (v) Technical assistance \nThe Secretary shall provide, or designate an entity to provide, technical assistance to participating PACE providers as they apply for and implement the model. (vi) Accounting for uncertainty \nIn order for implementing PACE providers to receive unanticipated additional resources needed to implement the model, the Secretary shall establish procedures for the implementing PACE providers to submit to the Secretary a request for additional resources. (vii) Monitoring outcomes \nThe Secretary, in conjunction with PACE providers and in consultation with States that have elected to expand PACE program eligibility under section 1934(l), shall develop a plan to— (I) annually monitor outcomes under the model, which may include financial, quality, access, and utilization outcomes; (II) annually monitor the health outcomes of the PACE provider’s expanded population; and (III) any other outcomes as determined by the Secretary. (viii) Report to congress \nNot less frequently than every 3 years (for the duration of the implementation of the model under this subparagraph), the Secretary shall submit to Congress a report on the implementation of the model under this subparagraph. The report shall include demographic information on the populations served under the demonstration, best practices for future implementation efforts and any other information the Secretary determines appropriate together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (ix) Funding \nThe Secretary shall allocate funds made available under subsection (f)(1) to design, implement, evaluate, and report on the model described in clause (ii) in accordance with this subparagraph..", "id": "H0EC6B6BB20764C10B8D08052A9FE33D7", "header": "PACE pilot", "nested": [], "links": [ { "text": "42 U.S.C. 1315a(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1315a" } ] }, { "text": "5. Coordination with the Federal Coordinated Health Care Office \nSection 1934 of the Social Security Act ( 42 U.S.C. 1396u–4 ), as amended by sections 2 and 3, is further amended by adding at the end the following new subsection: (m) Coordination with the Federal Coordinated Health Care Office \n(1) State coordination with FCHCO \nThe Director of the Federal Coordinated Health Care Office established under section 2602 of the Patient Protection and Affordable Care Act shall serve as a point of contact between State administering agencies and the Federal Government for purposes of implementing and operating a PACE program in a State, and shall coordinate with other relevant offices and staff of the Centers for Medicare & Medicaid Services involved in carrying out this section. (2) Annual report \nNot later than January 1, 2025, and annually thereafter, the Director of the Federal Coordinated Health Care Office shall submit to Congress a report on the demographics of the populations served by PACE programs operated under this section and section 1894..", "id": "HF51C85CCAC5E404A8D944A48AD04EB70", "header": "Coordination with the Federal Coordinated Health Care Office", "nested": [], "links": [ { "text": "42 U.S.C. 1396u–4", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-4" } ] }, { "text": "6. Evaluation of effectiveness of PACE program in rural and underserved areas \n(a) In general \nThe Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services (referred to in this section as the Assistant Secretary ) shall conduct an evaluation of the effectiveness of the program for all-inclusive care for the elderly under sections 1894 and 1934 of the Social Security Act ( 42 U.S.C. 1395eee , 1396u–4) in rural and underserved areas, including with respect to the following factors: (1) Reductions in hospitalizations and re-hospitalizations among program beneficiaries. (2) Reductions in emergency department use among program beneficiaries. (3) Reductions in long-term nursing facility use among program beneficiaries. (4) Reductions in mortality among program beneficiaries. (5) Achieving lower rates of functional decline, and improvements in reported health status and quality of life among program beneficiaries. (6) Reductions in the total cost of care among program beneficiaries. (7) The effect of activities supported under the program on the local area serviced by the program, including on the health and well-being of unpaid and family caregivers of program beneficiaries. (8) Improvements in quality of life among program beneficiaries. (b) Report \nNot later than 60 months after the date of enactment of this Act, the Assistant Secretary shall submit a report containing the results of the evaluation required under subsection (a), an analysis of which elements of the program for all-inclusive care for the elderly under sections 1894 and 1934 of the Social Security Act ( 42 U.S.C. 1395eee , 1396u–4) should be replicated and scaled by governmental or non-governmental entities, and such recommendations for legislation and administrative action as the Assistant Secretary determines appropriate to the chairs and ranking members of the following committees: (1) The Special Committee on Aging of the Senate. (2) The Committee on Finance of the Senate. (3) The Committee on Health, Education, Labor, and Pensions of the Senate. (4) The Committee on Ways and Means of the House of Representatives. (5) The Committee on Energy and Commerce of the House of Representatives. (c) Partners \nIn conducting the evaluation and completing the report required under this section, the Assistant Secretary shall provide an opportunity for partners and persons that have participated in the program for all-inclusive care for the elderly under sections 1894 and 1934 of the Social Security Act ( 42 U.S.C. 1395eee , 1396u–4) on every level, especially individuals who receive care through the program and their unpaid or family caregivers, to have an opportunity to contribute their expertise to evaluating the strategy and outcomes of the program.", "id": "H95FF6C221F4941568C03A90EC8A209F4", "header": "Evaluation of effectiveness of PACE program in rural and underserved areas", "nested": [ { "text": "(a) In general \nThe Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services (referred to in this section as the Assistant Secretary ) shall conduct an evaluation of the effectiveness of the program for all-inclusive care for the elderly under sections 1894 and 1934 of the Social Security Act ( 42 U.S.C. 1395eee , 1396u–4) in rural and underserved areas, including with respect to the following factors: (1) Reductions in hospitalizations and re-hospitalizations among program beneficiaries. (2) Reductions in emergency department use among program beneficiaries. (3) Reductions in long-term nursing facility use among program beneficiaries. (4) Reductions in mortality among program beneficiaries. (5) Achieving lower rates of functional decline, and improvements in reported health status and quality of life among program beneficiaries. (6) Reductions in the total cost of care among program beneficiaries. (7) The effect of activities supported under the program on the local area serviced by the program, including on the health and well-being of unpaid and family caregivers of program beneficiaries. (8) Improvements in quality of life among program beneficiaries.", "id": "H22C4D84FE8FB4AE891B5C2CC2FACDF91", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395eee", "legal-doc": "usc", "parsable-cite": "usc/42/1395eee" } ] }, { "text": "(b) Report \nNot later than 60 months after the date of enactment of this Act, the Assistant Secretary shall submit a report containing the results of the evaluation required under subsection (a), an analysis of which elements of the program for all-inclusive care for the elderly under sections 1894 and 1934 of the Social Security Act ( 42 U.S.C. 1395eee , 1396u–4) should be replicated and scaled by governmental or non-governmental entities, and such recommendations for legislation and administrative action as the Assistant Secretary determines appropriate to the chairs and ranking members of the following committees: (1) The Special Committee on Aging of the Senate. (2) The Committee on Finance of the Senate. (3) The Committee on Health, Education, Labor, and Pensions of the Senate. (4) The Committee on Ways and Means of the House of Representatives. (5) The Committee on Energy and Commerce of the House of Representatives.", "id": "HD2E9F0E3CA32489DA64696506F4EA11D", "header": "Report", "nested": [], "links": [ { "text": "42 U.S.C. 1395eee", "legal-doc": "usc", "parsable-cite": "usc/42/1395eee" } ] }, { "text": "(c) Partners \nIn conducting the evaluation and completing the report required under this section, the Assistant Secretary shall provide an opportunity for partners and persons that have participated in the program for all-inclusive care for the elderly under sections 1894 and 1934 of the Social Security Act ( 42 U.S.C. 1395eee , 1396u–4) on every level, especially individuals who receive care through the program and their unpaid or family caregivers, to have an opportunity to contribute their expertise to evaluating the strategy and outcomes of the program.", "id": "HC40F95B151DC426CA41899491614189F", "header": "Partners", "nested": [], "links": [ { "text": "42 U.S.C. 1395eee", "legal-doc": "usc", "parsable-cite": "usc/42/1395eee" } ] } ], "links": [ { "text": "42 U.S.C. 1395eee", "legal-doc": "usc", "parsable-cite": "usc/42/1395eee" }, { "text": "42 U.S.C. 1395eee", "legal-doc": "usc", "parsable-cite": "usc/42/1395eee" }, { "text": "42 U.S.C. 1395eee", "legal-doc": "usc", "parsable-cite": "usc/42/1395eee" } ] } ]
6
1. Short title This Act may be cited as the Program of All-inclusive Care for the Elderly Expanded Act or the PACE Expanded Act. 2. Anytime enrollment in PACE (a) In general (1) Any time enrollment and effective date Section 1894(c)(5) of the Social Security Act ( 42 U.S.C. 1395eee(c)(5) ) is amended by adding at the end the following new subparagraph: (C) Any time enrollment and effective date of enrollment (i) Any time enrollment A PACE program eligible individual may enroll in a PACE program at any time during a month. (ii) Effective date Subject to clause (iii), the enrollment of a PACE program eligible individual in a PACE program shall be effective on the date the PACE provider operating the PACE program receives an enrollment agreement signed by such PACE program eligible individual with respect to such PACE program. (iii) Special rule in the case of dual eligible beneficiaries In the case of a PACE program eligible individual who is eligible for benefits under this title and title XIX, clause (i) shall only apply if the State in which such individual resides has made an election under section 1934(c)(5)(C) to permit PACE program eligible individuals to enroll in a PACE program at any time during a month in such State.. (2) Prorated payments Section 1894(d) of the Social Security Act ( 42 U.S.C. 1395eee(d) ) is amended by adding at the end the following new paragraph: (4) Prorated payments In the case of a PACE program eligible individual enrolled in a PACE program operated by a PACE provider with an enrollment effective date that is not the first day of a month, the capitation amount that would otherwise be made under this subsection to the PACE provider for such individual for the first month in which such individual is so enrolled shall be prorated accordingly.. (b) Conforming amendments (1) Anytime enrollment and effective date Section 1934(c)(5) of the Social Security Act ( 42 U.S.C. 1396u–4(c)(5) ) is amended by adding at the end the following new subparagraph: (C) State option to permit any time enrollment and effective date of enrollment (i) Any time enrollment A State may elect to permit a PACE program eligible individual to enroll in a PACE program at any time during a month. (ii) Effective date Pursuant to a State election made under clause (i), the enrollment of a PACE program eligible individual in a PACE program shall be effective on the date the PACE provider operating the PACE program receives an enrollment agreement signed by such PACE program eligible individual with respect to such PACE program.. (2) Prorated payments Section 1934(d) of the Social Security Act ( 42 U.S.C. 1396u–4(d) ) is amended by adding at the end the following new paragraph: (3) Prorated payments If a State elects under subsection (c)(5)(C) to permit enrollment at any time during a month, in the case of a PACE program eligible individual enrolled in a PACE program operated by a PACE provider with an enrollment effective date that is not the first day of a month, the State shall prorate the capitation amount that would otherwise be made under this subsection to the PACE provider for such individual for the first month in which such individual is so enrolled.. (c) Effective date The amendments made by this section shall take effect on January 1, 2025. 3. PACE site approval and expansion (a) In general Sections 1894(e) and 1934(e) of the Social Security Act ( 42 U.S.C. 1395eee(e) ; 1396u–4(e)) are each amended by striking paragraph (8) and inserting the following: (8) Authority to submit applications at any time; timely consideration of applications (A) Authority to submit applications at any time (i) New PACE provider status An entity that seeks to become a PACE provider may submit an application for PACE provider status at any time. (ii) Service area expansion and addition of PACE center site To the extent the Secretary requires a PACE provider to submit an application to expand its service area or to add a PACE center site (or both), a PACE provider may submit such an application at any time, subject to the requirements of section 460.12(d) of title 42, Code of Federal Regulations (relating to the first trial period audit), or any successor regulation. (iii) Assurances An application for PACE provider status under clause (i) or to add a PACE center site under clause (ii) shall include the following assurances: (I) An assurance that the required members of the interdisciplinary team are employees or contractors of the proposed PACE center or will be employees or contractors of the proposed PACE center by the time the PACE center becomes operational. (II) An assurance that— (aa) the PACE provider’s contracts for all contractors and contracted personnel will be executed by the time the proposed PACE center becomes operational; and (bb) executed contracts may include provisions for staffing levels commensurate with enrollment to full projected census. (B) Deemed approval An application described in subparagraph (A) shall be deemed approved unless the Secretary, within 45 days after the date of the submission of the application to the Secretary, either denies such request in writing or informs the applicant in writing with respect to any additional information that is needed in order to make a final determination with respect to the application. After the date the Secretary receives such additional information, the application shall be deemed approved unless the Secretary, within 45 days of such date, denies such request.. (b) Effective date The amendments made by subsection (a) shall take effect on January 1, 2025. 4. PACE pilot Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) ) is amended— (1) in subparagraph (B), by adding at the end the following new clause: (xxviii) National testing of a model for expanded eligibility for the Program of All-Inclusive Care for the Elderly as described in subparagraph (D). ; and (2) by adding at the end the following new subparagraph: (D) National testing of model for expanded eligibility for the program of all-inclusive care for the elderly In the case where the Secretary selects the model described in clause (ii) of this subparagraph for testing pursuant to clause (xxviii) of subparagraph (B), the following shall apply: (i) National testing (I) In general Subject to subclause (II), the Secretary shall design a demonstration that allows each PACE provider with an executed PACE agreement to develop and submit to the Secretary an application to begin testing expanded PACE eligibility for high-need and high-cost populations that are not otherwise eligible to participate in a PACE program within 1 year of the date on which the model is selected. (II) No effect on ongoing models or demonstration projects Nothing in this subparagraph shall affect the testing of any model under this subsection or any demonstration project under this Act that is implemented prior to the date of the enactment of this subparagraph. (ii) Model described The model described in this clause seeks to increase access to quality, integrated, care for high-need, high-cost individuals who are not otherwise eligible to participate in a PACE program in order to improve health and reduce cost. Under this model, participating PACE providers would— (I) be paid fixed, monthly capitated rates from both Medicare and the applicable State Medicaid agency for all services provided to each enrollee fitting the criteria of the PACE provider’s designated population; (II) partner with non-PACE providers, such as Area Agencies on Aging, Centers for Independent Living, local hospitals, and non-hospital providers such as physicians, behavioral health providers and other community-based organizations to effectively reach the PACE provider’s selected population; (III) adapt the PACE program model of care to appropriately serve the PACE provider’s selected population to integrate care and meet the unique needs of said population; and (IV) if the PACE provider is located in a State that has not yet served the selected population through a PACE program under section 1934, receive an up-front fixed payment to coordinate with the State to develop a capitated payment rate, with appropriate risk adjustment, for the PACE provider’s selected population. (iii) Requirements for participating PACE organizations In order to participate in the model, a PACE provider must— (I) conduct a survey or needs assessment of their service area to determine the most appropriate population with which to expand their services; (II) receive prior approval from the applicable State Medicaid agency to submit an application to participate in the model; and (III) following such survey or needs assessment and approval from the applicable State Medicaid agency, submit and receive approval of an application of expansion from the Secretary. (iv) Application A PACE provider’s application to participate in this model shall include the following information: (I) Results of the survey or needs assessment of their service area under clause (iii)(I) and an explanation of the expanded population the PACE organization will serve. (II) The types of services that the expanded population will require and the PACE provider's plan to implement these services. (III) How the PACE provider will achieve engagement and enrollment of the new population in the model, including how it will partner with non-PACE providers in the applicable service area. (IV) How the expanded population’s participation in the PACE program is intended to improve quality of care and health outcomes under the model. (V) Certification that the applicable State Medicaid agency has approved the PACE provider's application to participate in the model. (VI) Plans to coordinate with the State Medicaid agency to develop an initial capitated rate with appropriate risk adjustment. (VII) Plans for the PACE provider and the State Medicaid agency to review and adjust the Medicaid capitated rate on a biennial basis, as needed. (VIII) Any other information required by the Secretary. (v) Technical assistance The Secretary shall provide, or designate an entity to provide, technical assistance to participating PACE providers as they apply for and implement the model. (vi) Accounting for uncertainty In order for implementing PACE providers to receive unanticipated additional resources needed to implement the model, the Secretary shall establish procedures for the implementing PACE providers to submit to the Secretary a request for additional resources. (vii) Monitoring outcomes The Secretary, in conjunction with PACE providers and in consultation with States that have elected to expand PACE program eligibility under section 1934(l), shall develop a plan to— (I) annually monitor outcomes under the model, which may include financial, quality, access, and utilization outcomes; (II) annually monitor the health outcomes of the PACE provider’s expanded population; and (III) any other outcomes as determined by the Secretary. (viii) Report to congress Not less frequently than every 3 years (for the duration of the implementation of the model under this subparagraph), the Secretary shall submit to Congress a report on the implementation of the model under this subparagraph. The report shall include demographic information on the populations served under the demonstration, best practices for future implementation efforts and any other information the Secretary determines appropriate together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (ix) Funding The Secretary shall allocate funds made available under subsection (f)(1) to design, implement, evaluate, and report on the model described in clause (ii) in accordance with this subparagraph.. 5. Coordination with the Federal Coordinated Health Care Office Section 1934 of the Social Security Act ( 42 U.S.C. 1396u–4 ), as amended by sections 2 and 3, is further amended by adding at the end the following new subsection: (m) Coordination with the Federal Coordinated Health Care Office (1) State coordination with FCHCO The Director of the Federal Coordinated Health Care Office established under section 2602 of the Patient Protection and Affordable Care Act shall serve as a point of contact between State administering agencies and the Federal Government for purposes of implementing and operating a PACE program in a State, and shall coordinate with other relevant offices and staff of the Centers for Medicare & Medicaid Services involved in carrying out this section. (2) Annual report Not later than January 1, 2025, and annually thereafter, the Director of the Federal Coordinated Health Care Office shall submit to Congress a report on the demographics of the populations served by PACE programs operated under this section and section 1894.. 6. Evaluation of effectiveness of PACE program in rural and underserved areas (a) In general The Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services (referred to in this section as the Assistant Secretary ) shall conduct an evaluation of the effectiveness of the program for all-inclusive care for the elderly under sections 1894 and 1934 of the Social Security Act ( 42 U.S.C. 1395eee , 1396u–4) in rural and underserved areas, including with respect to the following factors: (1) Reductions in hospitalizations and re-hospitalizations among program beneficiaries. (2) Reductions in emergency department use among program beneficiaries. (3) Reductions in long-term nursing facility use among program beneficiaries. (4) Reductions in mortality among program beneficiaries. (5) Achieving lower rates of functional decline, and improvements in reported health status and quality of life among program beneficiaries. (6) Reductions in the total cost of care among program beneficiaries. (7) The effect of activities supported under the program on the local area serviced by the program, including on the health and well-being of unpaid and family caregivers of program beneficiaries. (8) Improvements in quality of life among program beneficiaries. (b) Report Not later than 60 months after the date of enactment of this Act, the Assistant Secretary shall submit a report containing the results of the evaluation required under subsection (a), an analysis of which elements of the program for all-inclusive care for the elderly under sections 1894 and 1934 of the Social Security Act ( 42 U.S.C. 1395eee , 1396u–4) should be replicated and scaled by governmental or non-governmental entities, and such recommendations for legislation and administrative action as the Assistant Secretary determines appropriate to the chairs and ranking members of the following committees: (1) The Special Committee on Aging of the Senate. (2) The Committee on Finance of the Senate. (3) The Committee on Health, Education, Labor, and Pensions of the Senate. (4) The Committee on Ways and Means of the House of Representatives. (5) The Committee on Energy and Commerce of the House of Representatives. (c) Partners In conducting the evaluation and completing the report required under this section, the Assistant Secretary shall provide an opportunity for partners and persons that have participated in the program for all-inclusive care for the elderly under sections 1894 and 1934 of the Social Security Act ( 42 U.S.C. 1395eee , 1396u–4) on every level, especially individuals who receive care through the program and their unpaid or family caregivers, to have an opportunity to contribute their expertise to evaluating the strategy and outcomes of the program.
15,713
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr7195ih
118
hr
7,195
ih
To amend title 18, United States Code, to protect and enhance the mailing of firearms, ammunition, and components thereof.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting the Mailing of Firearms Act.", "id": "HFE082E92157F47CC89FA8AF6B1DA7B7C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Concealable firearms mailable \n(a) In general \nSection 1715 of title 18, United States Code, is repealed. (b) Application to pending prosecutions \nThe repeal made by this section shall apply to any cases under section 1715 of title 18, United States Code, that are pending on the date of enactment of this Act (including on appeal). (c) Clerical amendment \nThe table of sections for chapter 83 of title 18, United States Code, is amended by repealing item related to section 1715.", "id": "H48C86EA675E341698BF3DAF2E5D9D558", "header": "Concealable firearms mailable", "nested": [ { "text": "(a) In general \nSection 1715 of title 18, United States Code, is repealed.", "id": "HE0C2A239B02347ACA5575203E3599E77", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application to pending prosecutions \nThe repeal made by this section shall apply to any cases under section 1715 of title 18, United States Code, that are pending on the date of enactment of this Act (including on appeal).", "id": "HB9BB1208E83843F2B7048EB0BEDD126E", "header": "Application to pending prosecutions", "nested": [], "links": [] }, { "text": "(c) Clerical amendment \nThe table of sections for chapter 83 of title 18, United States Code, is amended by repealing item related to section 1715.", "id": "H82134466BE124FE8A0214F3E3F405EA0", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 83", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/83" } ] } ], "links": [ { "text": "chapter 83", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/83" } ] }, { "text": "3. Limitation on United States Postal Service rules relating to mailing firearms \nThe Postmaster General may not make a rule that— (1) prohibits or materially impedes the mailing of firearms, ammunition, or any component thereof; or (2) requires, as a term of mailing a firearm, ammunition, or component thereof— (A) the disclosure of firearm, ammunition, or firearm or ammunition component sales receipts, firearms transaction records, or other customer records kept by Federal firearms licensees or ammunition sellers; or (B) the disclosure of the serial number of any firearm or component thereof contained in the mail.", "id": "HC364AB8C30EC4BA1BA752E962F3528E6", "header": "Limitation on United States Postal Service rules relating to mailing firearms", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Protecting the Mailing of Firearms Act. 2. Concealable firearms mailable (a) In general Section 1715 of title 18, United States Code, is repealed. (b) Application to pending prosecutions The repeal made by this section shall apply to any cases under section 1715 of title 18, United States Code, that are pending on the date of enactment of this Act (including on appeal). (c) Clerical amendment The table of sections for chapter 83 of title 18, United States Code, is amended by repealing item related to section 1715. 3. Limitation on United States Postal Service rules relating to mailing firearms The Postmaster General may not make a rule that— (1) prohibits or materially impedes the mailing of firearms, ammunition, or any component thereof; or (2) requires, as a term of mailing a firearm, ammunition, or component thereof— (A) the disclosure of firearm, ammunition, or firearm or ammunition component sales receipts, firearms transaction records, or other customer records kept by Federal firearms licensees or ammunition sellers; or (B) the disclosure of the serial number of any firearm or component thereof contained in the mail.
1,191
[ "Judiciary Committee", "Oversight and Accountability Committee" ]
118hr5734rh
118
hr
5,734
rh
To amend the Federal Election Campaign Act of 1971 to extend the Administrative Fine Program for certain reporting violations.
[ { "text": "1. Extension of administrative fine program \nSection 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a)(4)(C)(v) ) is amended by striking December 31, 2023 and inserting December 31, 2033.", "id": "H8F9626CFD28140C697961139657834C1", "header": "Extension of administrative fine program", "nested": [], "links": [ { "text": "52 U.S.C. 30109(a)(4)(C)(v)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" } ] } ]
1
1. Extension of administrative fine program Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a)(4)(C)(v) ) is amended by striking December 31, 2023 and inserting December 31, 2033.
219
[ "Committee on House Administration" ]
118hr4563ih
118
hr
4,563
ih
To promote election integrity, voter confidence, and faith in elections by removing Federal impediments to, equipping States with tools for, and establishing voluntary considerations to support effective State administration of Federal elections, improving election administration in the District of Columbia, improving the effectiveness of military voting programs, enhancing election security, and protecting political speech, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the American Confidence in Elections Act or the ACE Act.", "id": "HA4BB1049967943CEA1ECFE21675AD302", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. General findings. Title I—Election Administration Integrity Subtitle A—Findings Relating to State Administration of Federal Elections Sec. 101. Findings Relating to State Administration of Federal Elections. Subtitle B—Voluntary Considerations for State Administration of Federal Elections Sec. 111. Short title. Sec. 112. Findings. Sec. 113. Election integrity voluntary considerations and Federal forum for State information sharing. Subtitle C—Requirements to Promote Integrity in Election Administration Sec. 121. Ensuring only eligible American citizens may participate in Federal elections. Sec. 122. State reporting requirements with respect to voter list maintenance. Sec. 123. Contents of State mail voter registration form. Sec. 124. Provision of photographic citizen voter identification tools for State use. Sec. 125. Mandatory provision of identification for certain voters not voting in person. Sec. 126. Confirming access for Congressional election observers. Sec. 127. Use of requirements payments for post-election audits. Sec. 128. Increase in threshold for requiring information reporting with respect to certain payees. Sec. 129. Voluntary guidelines with respect to nonvoting election technology. Sec. 130. Status reports by National Institute of Standards and Technology. Sec. 131. 501( c )(3) organizations prohibited from providing direct or indirect funding for election administration. Sec. 132. Federal agency involvement in voter registration activities. Sec. 133. Prohibition on use of Federal funds for election administration in States that permit ballot harvesting. Sec. 134. Clarification with respect to Federal election record-keeping requirement. Sec. 135. Clarification of rules with respect to hiring of election workers. Sec. 136. State assistance in assigning mailing addresses with respect to Tribal Governments. Sec. 137. State defined. Sec. 138. Voter registration for applicants without driver’s license or social security number. Sec. 139. GAO study on domestic manufacturing and assembly of voting equipment. Subtitle D—District of Columbia Election Integrity and Voter Confidence Sec. 141. Short title. Sec. 142. Statement of congressional authority; findings. Sec. 143. Requirements for elections in District of Columbia. Sec. 144. Repeal of Local Resident Voting Rights Amendment Act of 2022. Sec. 145. Effective date. Subtitle E—Administration of the Election Assistance Commission Sec. 151. Short title. Sec. 152. Findings relating to the administration of the Election Assistance Commission. Sec. 153. Requirements with respect to staff and funding of the Election Assistance Commission. Sec. 154. General requirements for payments made by Election Assistance Commission. Sec. 155. Executive Board of the Standards Board authority to enter into contracts. Sec. 156. Election Assistance Commission primary role in election administration assistance. Sec. 157. Clarification of the duties of the Election Assistance Commission. Sec. 158. Election Assistance Commission powers. Sec. 159. Membership of the Local Leadership Council. Sec. 160. Rule of construction. Subtitle F—Prohibition on Involvement in Elections by Foreign Nationals Sec. 161. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Sec. 162. Prohibiting providing assistance to foreign nationals in making contributions or donations in connection with elections. Sec. 163. Prohibition on contributions by foreign nationals to certain tax-exempt entities. Subtitle G—Constitutional Experts Panel with Respect to Presidential Elections Sec. 171. Short title. Sec. 172. Establishment of panel of constitutional experts. Title II—Military Voting Administration Sec. 200. Short title. Subtitle A—Findings Relating to Military Voting Sec. 201. Findings relating to military voting. Subtitle B—GAO Analysis on Military Voting Access Sec. 211. Government Accountability Office report on implementation of Uniformed and Overseas Citizens Absentee Voting Act and improving access to voter registration information and assistance for absent uniformed services voters. Title III—First Amendment Protection Act Sec. 300. Short title. Subtitle A—Protecting Political Speech and Freedom of Association Part 1—Protecting Political Speech Sec. 301. Findings. Sec. 302. Repeal of limits on coordinated political party expenditures. Sec. 303. Repeal of limit on aggregate contributions by individuals. Sec. 304. Equalization of contribution limits to State and national political party committees. Sec. 305. Expansion of permissible Federal election activity by State and local political parties. Sec. 306. Participation in joint fundraising activities by multiple political committees. Part 2—Protecting Freedom of Association Sec. 307. Findings. Sec. 308. Protecting privacy of donors to tax-exempt organizations. Sec. 309. Reporting requirements for tax-exempt organizations. Sec. 310. Maintenance of standards for determining eligibility of section 501(c)(4) organizations. Subtitle B—Prohibition on Use of Federal funds for Congressional Campaigns Sec. 311. Prohibiting use of Federal funds for payments in support of congressional campaigns. Subtitle C—Registration and Reporting Requirements Sec. 321. Electronic filing of electioneering communication reports. Sec. 322. Increased qualifying threshold and establishing purpose for political committees. Sec. 323. Increased threshold with respect to independent expenditure reporting requirement. Sec. 324. Increased qualifying threshold with respect to candidates. Sec. 325. Repeal requirement of persons making independent expenditures to report identification of certain donors. Subtitle D—Exclusion of Certain Amounts from Treatment as Contributions or Expenditures Sec. 331. Increased threshold for exemption of certain amounts as contributions. Sec. 332. Exemption of uncompensated internet communications from treatment as contribution or expenditure. Sec. 333. Media exemption. Subtitle E—Prohibition on Issuance of Regulations on Political Contributions Sec. 341. Prohibition on issuance of regulations on Political Contributions. Subtitle F—Miscellaneous Provisions Sec. 351. Permanent extension of fines for qualified disclosure requirement violations. Sec. 352. Permitting political committees to make disbursements by methods other than check. Sec. 353. Designation of individual authorized to make campaign committee disbursements in event of death of candidate. Sec. 354. Prohibiting aiding or abetting making of contributions in name of another. Sec. 355. Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission. Sec. 356. Federal Election Commission member pay. Sec. 357. Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971. Sec. 358. Theft from political committee as a Federal crime. Sec. 359. Repeal of obsolete provisions of law. Sec. 360. Deadline for promulgation of proposed regulations. Title IV—Election Security Subtitle A—Promoting Election Security Sec. 401. Short title. Sec. 402. Reports to Congress on foreign threats to elections. Sec. 403. Rule of construction. Subtitle B—Cybersecurity for Election Systems Sec. 411. Cybersecurity advisories relating to election systems. Sec. 412. Process to test for and monitor cybersecurity vulnerabilities in election equipment. Sec. 413. Duty of Secretary of Homeland Security to notify State and local officials of election cybersecurity incidents. Title V—Congressional Redistricting Sec. 501. Sense of Congress on authority to establish maps of congressional districts. Sec. 502. Authority for Speaker of the House to join certain civil actions relating to apportionment. Sec. 503. Census Monitoring Board. Title VI—Disinformation Governance Board Sec. 601. Termination of the Disinformation Governance Board. Sec. 602. Prohibition on funding similar board or similar activities. Title VII—Severability Sec. 701. Severability.", "id": "HBC3AECADFC204F9BB832C00F2BE08BCD", "header": "Table of contents", "nested": [], "links": [] }, { "text": "3. General findings \nCongress finds the following: (1) According to article 1, section 4 of the Constitution of the United States, the States have the primary role in establishing (t)he Times, Places and Manners of holding Elections for Senators and Representatives , while Congress has a purely secondary role in this space and must restrain itself from acting improperly and unconstitutionally. (2) Federal election legislation should never be the first step and must never impose burdensome, unfunded Federal mandates on State and local elections officials. When Congress does speak, it must devote its efforts only to resolving highly significant and substantial deficiencies to ensure the integrity of our elections. State legislatures are the primary venues to establish rules for governing elections and correct most issues. (3) All eligible American voters who wish to participate must have the opportunity to vote, and all lawful votes must be counted. (4) States must balance appropriate election administration structures and systems with accessible access to the ballot box. (5) Political speech is protected speech. (6) The First Amendment protects the right of all Americans to state their political views and donate money to the candidates, causes, and organizations of their choice without fear of retribution. (7) Redistricting decisions are best made at the State level. (8) States must maintain the flexibility to determine the best redistricting processes for the particular needs of their citizens. (9) Congress has independent authority under the Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments to ensure elections are conducted without unlawful discrimination. (10) The Civil Rights Act and the Voting Rights Act, which are not anchored in article 1, section 4 of the Constitution, have seen much success since their passage in 1964 and 1965, and Congress should continue to exercise its constitutional authority in this space as appropriate.", "id": "HF3C7E0ACF81047C9AB096A71382DB14D", "header": "General findings", "nested": [], "links": [] }, { "text": "101. Findings Relating to State Administration of Federal Elections \n(a) Sense of Congress \nIt is the sense of Congress that constitutional scholar Robert Natelson has done invaluable work with respect to the history and understanding of the Elections Clause. (b) Findings \nCongress finds the following: (1) The Constitution reserves to the States the primary authority and the duty to set election legislation and administer elections—the times, places, and manner of holding of elections —and Congress’ power in this space is purely secondary to the States’ power and is to be employed only in the direst of circumstances. History, precedent, the Framers’ words, debates concerning ratification, the Supreme Court, and the Constitution itself make it exceedingly clear that Congress’ power over elections is not unfettered. (2) The Framing Generation grappled with the failure of the Articles of Confederation, which provided for only a weak national government incapable of preserving the Union. Under the Articles, the States had exclusive authority over Federal elections held within their territory; but, given the difficulties the national government had experienced with State cooperation (e.g., the failure of Rhode Island to send delegates to the Confederation Congress), the Federalists, including Alexander Hamilton, were concerned with the possibility that the States, in an effort to destroy the Federal government, simply might not hold elections or that an emergency, such as an invasion or insurrection, might prevent the operation of a State’s government, leaving the Congress without Members and the Federal government unable to respond. (3) Quite plainly, Alexander Hamilton, a leading Federalist and proponent of our Constitution, understood the Elections Clause as serving only as a sort of emergency fail-safe, not as a cudgel used to nationalize our elections process. Writing as Publius to the people of New York, Hamilton further expounds on the correct understanding of the Elections Clause: T[he] natural order of the subject leads us to consider, in this place, that provision of the Constitution which authorizes the national legislature to regulate, in the last resort, the election of its own members.. Alexander Hamilton (writing as Publius), Federalist no. 59, Concerning the Power of Congress to Regulate the Election of Members, N.Y. PACKET (Fri., Feb. 22, 1788). (4) When questioned at the States’ constitutional ratifying conventions with respect to this provision, the Federalists confirmed this understanding of a constitutionally limited, secondary congressional power under article 1, section 4. ( [C]onvention delegate James McHenry added that the risk to the federal government [without a fail-safe provision] might not arise from state malice: An insurrection or rebellion might prevent a state legislature from administering an election. ); ( An occasion may arise when the exercise of this ultimate power of Congress may be necessary... if a state should be involved in war, and its legislature could not assemble, (as was the case of South Carolina and occasionally of some other states, during the [Revolutionary] war). ); ( Sir, let it be remembered that this power can only operate in a case of necessity, after the factious or listless disposition of a particular state has rendered an interference essential to the salvation of the general government. ). See Robert G. Natelson, The Original Scope of the Congressional Power to Regulate Elections, 13 U. PA. J. CONST. L. 1, 12–13 (Nov. 2010). (5) John Jay made similar claims in New York. And, as constitutional scholar Robert Natelson notes in his invaluable article, The Original Scope of the Congressional Power to Regulate Elections, Alexander Contee Hanson, a member of Congress whose pamphlet supporting the Constitution proved popular, stated flatly that Congress would exercise its times, places, and manner authority only in cases of invasion, legislative neglect or obstinate refusal to pass election laws [providing for the election of Members of Congress], or if a state crafted its election laws with a sinister purpose or to injure the general government. Cementing his point, Hanson goes further to decree, The exercise of this power must at all times be so very invidious, that congress will not venture upon it without some very cogent and substantial reason.. Alexander Contee Hanson (writing as Astrides), Remarks on the Proposed Plan: 31 January, reprinted in John P. Kaminski, Gaspare J. Saladino, and Richard Leffler (eds.), 3 Commentaries on the Constitution, public and private 18 December 1787 to 31 January 1788, 522–26 (1984). (6) In fact, had the alternate view of the Elections Clause been accepted at the time of the Constitution’s drafting—that is, that it offers Congress unfettered power over Federal elections—it is likely that the Constitution would not have been ratified or that an amendment to this language would have been required. (7) Indeed, at least seven of the original 13 States—over half and enough to prevent the Constitution from being ratified—expressed specific concerns with the language of the Elections Clause. See 1 Annals of Cong. 799 (1789), Joseph Gales (ed.) (1834). However, [l]eading Federalists... assured them... that, even without amendment, the [Elections] Clause should be construed as limited to emergencies. Three States, New York, North Carolina, and Rhode Island, specifically made their ratification contingent on this understanding being made express. Ratification of the Constitution by the State of New York (July 26, 1788) ( Under these impressions and declaring that the rights aforesaid cannot be abridged or violated, and the Explanations aforesaid are consistent with the said Constitution, And in confidence that the Amendments which have been proposed to the said Constitution will receive early and mature Consideration: We the said Delegates, in the Name and in [sic] the behalf of the People of the State of New York Do by these presents Assent to and Ratify the said Constitution. In full Confidence... that the Congress will not make or alter any Regulation in this State respecting the times places and manner of holding Elections for Senators or Representatives unless the Legislature of this State shall neglect or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same, and that in those cases such power will only be exercised until the Legislature of this State shall make provision in the Premises ); Ratification of the Constitution by the State of North Carolina (Nov. 21, 1789) ( That Congress shall not alter, modify, or interfere in the times, places, or manner of holding elections for senators and representatives, or either of them, except when the legislature of any state shall neglect, refuse or be disabled by invasion or rebellion, to prescribe the same. ); Ratification of the Constitution by the State of Rhode Island (May 29, 1790) ( Under these impressions, and declaring, that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid, are consistent with the said constitution, and in confidence that the amendments hereafter mentioned, will receive an early and mature consideration, and conformably to the fifth article of said constitution, speedily become a part thereof; We the said delegates, in the name, and in [sic] the behalf of the People, of the State of Rhode-Island and Providence-Plantations, do by these Presents, assent to, and ratify the said Constitution. In full confidence... That the Congress will not make or alter any regulation in this State, respecting the times, places and manner of holding elections for senators and representatives, unless the legislature of this state shall neglect, or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same; and that [i]n those cases, such power will only be exercised, until the legislature of this State shall make provision in the Premises[.] ). (8) Congress finds that the Framers designed and the ratifying States understood the Elections Clause to serve solely as a protective backstop to ensure the preservation of the Federal Government, not as a font of limitless power for Congress to wrest control of Federal elections from the States. (9) This understanding was also reinforced by debate during the first Congress that convened under the Constitution where Representative Aedanus Burke proposed a constitutional amendment to limit the Times, Places and Manner Clause to emergencies. Although the amendment failed, those on both sides of the Burke amendment debate already understood the Elections Clause to limit Federal elections power to emergencies. (10) History clearly shows that even in the first Congress that convened under the Constitution, it was acknowledged and understood through the debates that ensued over the Elections Clause provision that Congress’ control over elections is limited. (11) Similarly, proponent Representative Smith of South Carolina also believed the original text of the Elections Clause already limited the Federal Government’s power over Federal elections to emergencies and so thought there would be no harm in supporting an amendment to make that language express. Annals of Congress 801 (1789) Joseph Gales Edition. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875 (loc.gov). So, even the records of the First Congress reflect a recognition of the emergency nature of congressional power over Federal elections. (12) Similarly, the Supreme Court has supported this understanding. In Smiley v. Holm, the Court held that article 1, section 4 of the Constitution reserved to the States the primary... authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns; in short, to enact the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the fundamental right involved. And these requirements would be nugatory if they did not have appropriate sanctions in the definition of offenses and punishments. All this is comprised in the subject of times, places and manner of holding elections , and involves lawmaking in its essential features and most important aspect.. Smiley v. Holm, 285 U.S. 355, 366 (1932). (13) This holding is consistent with the understanding of the Elections Clause since the framing of the Constitution. The Smiley Court also held that while Congress maintains the authority to... supplement these state regulations or [to] substitute its own[] , such authority remains merely a general supervisory power over the whole subject.. Id. (14) More recently, the Court noted in Arizona v. Inter-Tribal Council of Ariz., Inc. that [t]his grant of congressional power [that is, the fail-safe provision in the Elections Clause] was the Framers’ insurance against the possibility that a State would refuse to provide for the election of representatives to the Federal Congress.. Arizona v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1, 7–9 (2013). The Court explained that the Elections Clause... imposes [upon the States] the duty... to prescribe the time, place, and manner of electing Representatives and Senators[.]. Id. at 8. And, while, as the Court noted, [t]he power of Congress over the Times, Places, and Manner of congressional elections is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith[] , Id. at 9, the Inter-Tribal Court explained, quoting extensively from the Federalist no. 59, that it was clear that the congressional fail-safe included in the Elections Clause was intended for the sorts of governmental self-preservation discussed here: [E]very government ought to contain in itself the means of its own preservation[.] ; [A]n exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the Union entirely at their mercy. They could at any moment annihilate it by neglecting to provide for the choice of persons to administer its affairs.. Id. at 8. (15) It is clear in every respect that the congressional fail-safe described in the Elections Clause vests purely secondary authority over Federal elections in the Federal legislative branch and that the primary authority rests with the States. Congressional authority is intended to be, and as a matter of constitutional fact is, limited to addressing the worst imaginable issues, such as invasion or other matters that might lead to a State not electing representatives to constitute the two Houses of Congress. Congress’ authority has never extended to the day-to-day authority over the Times, Places and Manner of Election that the Constitution clearly reserves to the States. (16) Congress must act within the bounds of its constitutional authority when enacting legislation concerning the administration of our Nation’s elections.", "id": "HA05AAB36118A47DF8B870DC0720CC9D8", "header": "Findings Relating to State Administration of Federal Elections", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that constitutional scholar Robert Natelson has done invaluable work with respect to the history and understanding of the Elections Clause.", "id": "HBA40F241F3D54E3EB3A3A54DD35E0183", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Findings \nCongress finds the following: (1) The Constitution reserves to the States the primary authority and the duty to set election legislation and administer elections—the times, places, and manner of holding of elections —and Congress’ power in this space is purely secondary to the States’ power and is to be employed only in the direst of circumstances. History, precedent, the Framers’ words, debates concerning ratification, the Supreme Court, and the Constitution itself make it exceedingly clear that Congress’ power over elections is not unfettered. (2) The Framing Generation grappled with the failure of the Articles of Confederation, which provided for only a weak national government incapable of preserving the Union. Under the Articles, the States had exclusive authority over Federal elections held within their territory; but, given the difficulties the national government had experienced with State cooperation (e.g., the failure of Rhode Island to send delegates to the Confederation Congress), the Federalists, including Alexander Hamilton, were concerned with the possibility that the States, in an effort to destroy the Federal government, simply might not hold elections or that an emergency, such as an invasion or insurrection, might prevent the operation of a State’s government, leaving the Congress without Members and the Federal government unable to respond. (3) Quite plainly, Alexander Hamilton, a leading Federalist and proponent of our Constitution, understood the Elections Clause as serving only as a sort of emergency fail-safe, not as a cudgel used to nationalize our elections process. Writing as Publius to the people of New York, Hamilton further expounds on the correct understanding of the Elections Clause: T[he] natural order of the subject leads us to consider, in this place, that provision of the Constitution which authorizes the national legislature to regulate, in the last resort, the election of its own members.. Alexander Hamilton (writing as Publius), Federalist no. 59, Concerning the Power of Congress to Regulate the Election of Members, N.Y. PACKET (Fri., Feb. 22, 1788). (4) When questioned at the States’ constitutional ratifying conventions with respect to this provision, the Federalists confirmed this understanding of a constitutionally limited, secondary congressional power under article 1, section 4. ( [C]onvention delegate James McHenry added that the risk to the federal government [without a fail-safe provision] might not arise from state malice: An insurrection or rebellion might prevent a state legislature from administering an election. ); ( An occasion may arise when the exercise of this ultimate power of Congress may be necessary... if a state should be involved in war, and its legislature could not assemble, (as was the case of South Carolina and occasionally of some other states, during the [Revolutionary] war). ); ( Sir, let it be remembered that this power can only operate in a case of necessity, after the factious or listless disposition of a particular state has rendered an interference essential to the salvation of the general government. ). See Robert G. Natelson, The Original Scope of the Congressional Power to Regulate Elections, 13 U. PA. J. CONST. L. 1, 12–13 (Nov. 2010). (5) John Jay made similar claims in New York. And, as constitutional scholar Robert Natelson notes in his invaluable article, The Original Scope of the Congressional Power to Regulate Elections, Alexander Contee Hanson, a member of Congress whose pamphlet supporting the Constitution proved popular, stated flatly that Congress would exercise its times, places, and manner authority only in cases of invasion, legislative neglect or obstinate refusal to pass election laws [providing for the election of Members of Congress], or if a state crafted its election laws with a sinister purpose or to injure the general government. Cementing his point, Hanson goes further to decree, The exercise of this power must at all times be so very invidious, that congress will not venture upon it without some very cogent and substantial reason.. Alexander Contee Hanson (writing as Astrides), Remarks on the Proposed Plan: 31 January, reprinted in John P. Kaminski, Gaspare J. Saladino, and Richard Leffler (eds.), 3 Commentaries on the Constitution, public and private 18 December 1787 to 31 January 1788, 522–26 (1984). (6) In fact, had the alternate view of the Elections Clause been accepted at the time of the Constitution’s drafting—that is, that it offers Congress unfettered power over Federal elections—it is likely that the Constitution would not have been ratified or that an amendment to this language would have been required. (7) Indeed, at least seven of the original 13 States—over half and enough to prevent the Constitution from being ratified—expressed specific concerns with the language of the Elections Clause. See 1 Annals of Cong. 799 (1789), Joseph Gales (ed.) (1834). However, [l]eading Federalists... assured them... that, even without amendment, the [Elections] Clause should be construed as limited to emergencies. Three States, New York, North Carolina, and Rhode Island, specifically made their ratification contingent on this understanding being made express. Ratification of the Constitution by the State of New York (July 26, 1788) ( Under these impressions and declaring that the rights aforesaid cannot be abridged or violated, and the Explanations aforesaid are consistent with the said Constitution, And in confidence that the Amendments which have been proposed to the said Constitution will receive early and mature Consideration: We the said Delegates, in the Name and in [sic] the behalf of the People of the State of New York Do by these presents Assent to and Ratify the said Constitution. In full Confidence... that the Congress will not make or alter any Regulation in this State respecting the times places and manner of holding Elections for Senators or Representatives unless the Legislature of this State shall neglect or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same, and that in those cases such power will only be exercised until the Legislature of this State shall make provision in the Premises ); Ratification of the Constitution by the State of North Carolina (Nov. 21, 1789) ( That Congress shall not alter, modify, or interfere in the times, places, or manner of holding elections for senators and representatives, or either of them, except when the legislature of any state shall neglect, refuse or be disabled by invasion or rebellion, to prescribe the same. ); Ratification of the Constitution by the State of Rhode Island (May 29, 1790) ( Under these impressions, and declaring, that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid, are consistent with the said constitution, and in confidence that the amendments hereafter mentioned, will receive an early and mature consideration, and conformably to the fifth article of said constitution, speedily become a part thereof; We the said delegates, in the name, and in [sic] the behalf of the People, of the State of Rhode-Island and Providence-Plantations, do by these Presents, assent to, and ratify the said Constitution. In full confidence... That the Congress will not make or alter any regulation in this State, respecting the times, places and manner of holding elections for senators and representatives, unless the legislature of this state shall neglect, or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same; and that [i]n those cases, such power will only be exercised, until the legislature of this State shall make provision in the Premises[.] ). (8) Congress finds that the Framers designed and the ratifying States understood the Elections Clause to serve solely as a protective backstop to ensure the preservation of the Federal Government, not as a font of limitless power for Congress to wrest control of Federal elections from the States. (9) This understanding was also reinforced by debate during the first Congress that convened under the Constitution where Representative Aedanus Burke proposed a constitutional amendment to limit the Times, Places and Manner Clause to emergencies. Although the amendment failed, those on both sides of the Burke amendment debate already understood the Elections Clause to limit Federal elections power to emergencies. (10) History clearly shows that even in the first Congress that convened under the Constitution, it was acknowledged and understood through the debates that ensued over the Elections Clause provision that Congress’ control over elections is limited. (11) Similarly, proponent Representative Smith of South Carolina also believed the original text of the Elections Clause already limited the Federal Government’s power over Federal elections to emergencies and so thought there would be no harm in supporting an amendment to make that language express. Annals of Congress 801 (1789) Joseph Gales Edition. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875 (loc.gov). So, even the records of the First Congress reflect a recognition of the emergency nature of congressional power over Federal elections. (12) Similarly, the Supreme Court has supported this understanding. In Smiley v. Holm, the Court held that article 1, section 4 of the Constitution reserved to the States the primary... authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns; in short, to enact the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the fundamental right involved. And these requirements would be nugatory if they did not have appropriate sanctions in the definition of offenses and punishments. All this is comprised in the subject of times, places and manner of holding elections , and involves lawmaking in its essential features and most important aspect.. Smiley v. Holm, 285 U.S. 355, 366 (1932). (13) This holding is consistent with the understanding of the Elections Clause since the framing of the Constitution. The Smiley Court also held that while Congress maintains the authority to... supplement these state regulations or [to] substitute its own[] , such authority remains merely a general supervisory power over the whole subject.. Id. (14) More recently, the Court noted in Arizona v. Inter-Tribal Council of Ariz., Inc. that [t]his grant of congressional power [that is, the fail-safe provision in the Elections Clause] was the Framers’ insurance against the possibility that a State would refuse to provide for the election of representatives to the Federal Congress.. Arizona v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1, 7–9 (2013). The Court explained that the Elections Clause... imposes [upon the States] the duty... to prescribe the time, place, and manner of electing Representatives and Senators[.]. Id. at 8. And, while, as the Court noted, [t]he power of Congress over the Times, Places, and Manner of congressional elections is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith[] , Id. at 9, the Inter-Tribal Court explained, quoting extensively from the Federalist no. 59, that it was clear that the congressional fail-safe included in the Elections Clause was intended for the sorts of governmental self-preservation discussed here: [E]very government ought to contain in itself the means of its own preservation[.] ; [A]n exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the Union entirely at their mercy. They could at any moment annihilate it by neglecting to provide for the choice of persons to administer its affairs.. Id. at 8. (15) It is clear in every respect that the congressional fail-safe described in the Elections Clause vests purely secondary authority over Federal elections in the Federal legislative branch and that the primary authority rests with the States. Congressional authority is intended to be, and as a matter of constitutional fact is, limited to addressing the worst imaginable issues, such as invasion or other matters that might lead to a State not electing representatives to constitute the two Houses of Congress. Congress’ authority has never extended to the day-to-day authority over the Times, Places and Manner of Election that the Constitution clearly reserves to the States. (16) Congress must act within the bounds of its constitutional authority when enacting legislation concerning the administration of our Nation’s elections.", "id": "HBE878A8B25CA4F74B4EB8CF08B7E0E70", "header": "Findings", "nested": [], "links": [] } ], "links": [] }, { "text": "111. Short title \nThis subtitle may be cited as the Voluntarily Offered Tools for Election Reforms by States Act or the VOTERS Act.", "id": "HA9B19B73AB16481EBA63D0A17B5DB123", "header": "Short title", "nested": [], "links": [] }, { "text": "112. Findings \nCongress finds the following: (1) The United States Constitution reserves to the states the primary duty and authority to establish election law and to administer of Federal elections. See article I, section 4, clause 1 of the Constitution of the United States. (2) Under America’s decentralized election system, there is not a one-size-fits-all approach to how elections are administered. (3) Each State should be afforded the flexibility to implement election administration processes and procedures that are most beneficial in meeting the needs of its voters and ensuring that its elections are free, fair, and secure. (4) The Federal government is in a position to provide States with voluntary tools to improve election integrity and voter confidence, as well as removing Federal impediments that hinder State efforts. (5) The Election Assistance Commission (EAC) was established to assist States in the administration of Federal elections. One of its core missions is to serve as a clearinghouse for election administration information and to provide a forum for States to discuss and exchange ideas on issues related to the administration of Federal elections, including practices, processes, and procedures. (6) The EAC’s Standards Board and Local Leadership Council are advisory boards with State and local election official membership from all fifty States and territories and are best suited to develop voluntary considerations for various election administration practices, processes, and procedures.", "id": "HCDD75D4B21A8475593D58A85A14C60FC", "header": "Findings", "nested": [], "links": [] }, { "text": "113. Election integrity voluntary considerations and Federal forum for State information sharing \n(a) In general \nSubtitle C of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20981 et seq. ) is amended— (1) by redesignating section 247 as section 248; and (2) by inserting after section 246 the following new section: 247. Release of voluntary considerations by Standards Board and Local Leadership Council with respect to election administration \n(a) In general \nThe Standards Board and the Local Leadership Council of the Commission shall draw from experiences in their home jurisdictions and information voluntarily provided by and between States and their political subdivisions on the effectiveness or ineffectiveness of election administration policies and release voluntary considerations with respect to the administration of an election for Federal office. (b) Matters To consider \nIn releasing the voluntary considerations under subsection (a), the Standards Board and the Local Leadership Council shall examine and consolidate information provided by States and release considerations with respect to each of the following categories: (1) The process for the administration of ballots delivered by mail, including— (A) deadlines for the return and receipt of such ballots to the appropriate election official; (B) the design of such ballots, including the envelopes used to deliver the ballots; (C) the process for requesting and tracking the return of such ballots; (D) the processing of such ballots upon receipt by the appropriate election official, including the schedule for counting the ballots and the reporting of the unofficial results of such counting; and (E) voter identity verification procedures, including signature matching or verification. (2) The signature verification procedures used to verify the identity of voters in an election, which shall include an evaluation of human and machine methods of signature verification, an assessment of the training provided to individuals tasked to carry out such verification procedures, and the proposal of other less subjective methods of confirming the identity of a voter such as requiring the identification number of a valid government-issued photo identification or the last four digits of the voter’s social security number to be provided along with the voter’s signature. (3) The processes used to carry out maintenance of the official list of persons registered to vote in each State. (4) Rules and requirements with respect to the access provided to election observers. (5) The processes used to ensure the timely and accurate reporting of the unofficial results of ballot counting in each polling place in a State and the reporting of the unofficial results of such counting. (6) The methods used to recruit poll workers and designate the location of polling places during a pandemic, natural disaster, or other emergency. (7) The education of the public with respect to the certification and testing of voting machines and related nonvoting election technology (as defined in section 298C of the Help America Vote Act of 2002) prior to the use of such machines and technology in an election for Federal office, including education with respect to— (A) how such machines and technology are tested for accuracy, logic, and security; and (B) the connectivity to the public internet of such machines and technology. (8) The processes and procedures used to carry out a post-election audit. (9) The processes and procedures used to ensure a secure chain of custody with respect to ballots and election equipment. (10) Public education, access, and citizen oversight and input with respect to the certification and testing of voter machines prior to Federal elections. (11) The conduct of independent post-election audits. (12) Transparency in the election and voting process. (13) Accountability measures to ensure compliance by election administrators with applicable law. (c) Release of voluntary considerations \n(1) Deadline for release \nNot later than 12 months after the date of the enactment of the ACE Act, the Standards Board shall release voluntary considerations with respect to each of the categories described in subsection (b). (2) Transmission and notification requirements \nNot later than 15 days after the date the Standards Board releases voluntary considerations with respect to a category described in subsection (b), the Commission shall— (A) transmit the considerations to the chief State election official of each State and the elected leadership of the legislature of each State, including the elected leadership of any committee of the legislature of a State with jurisdiction with respect to elections; (B) make the considerations available on a publicly accessible Government website; and (C) notify and transmit the considerations to the chair and ranking minority member of the Committee on House Administration of the House of Representatives, the chair and ranking minority member of the Committee on Rules and Administration of the Senate, and the chairs and ranking minority members of other relevant committees of Congress. (d) Use of requirements payments for implementation of voluntary considerations \nA State may use a requirements payment provided under this Act or any other Federal funds made available to the State by the Commission for the purposes of election administration to implement any of the voluntary considerations released under subsection (a). (e) Rule of construction \nNothing in this section may be construed— (1) to require compliance with the voluntary considerations released under subsection (a), including as a condition of the receipt of Federal funds; or (2) to treat the lack of compliance with such considerations as a violation of the Voting Rights Act of 1965 or the Civil Rights Act of 1964 or to treat compliance with such considerations as a defense against an alleged violation of either such Act.. (b) Clerical amendment \nThe table of contents of such Act is amended— (1) by redesignating the item relating to section 247 as relating to section 248; and (2) by inserting after the item relating to section 246 the following new item: Sec. 247. Release of voluntary considerations by Standards Board with respect to election administration..", "id": "HC7772F0845474CF1BE99C34DF26FC1D9", "header": "Election integrity voluntary considerations and Federal forum for State information sharing", "nested": [ { "text": "(a) In general \nSubtitle C of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20981 et seq. ) is amended— (1) by redesignating section 247 as section 248; and (2) by inserting after section 246 the following new section: 247. Release of voluntary considerations by Standards Board and Local Leadership Council with respect to election administration \n(a) In general \nThe Standards Board and the Local Leadership Council of the Commission shall draw from experiences in their home jurisdictions and information voluntarily provided by and between States and their political subdivisions on the effectiveness or ineffectiveness of election administration policies and release voluntary considerations with respect to the administration of an election for Federal office. (b) Matters To consider \nIn releasing the voluntary considerations under subsection (a), the Standards Board and the Local Leadership Council shall examine and consolidate information provided by States and release considerations with respect to each of the following categories: (1) The process for the administration of ballots delivered by mail, including— (A) deadlines for the return and receipt of such ballots to the appropriate election official; (B) the design of such ballots, including the envelopes used to deliver the ballots; (C) the process for requesting and tracking the return of such ballots; (D) the processing of such ballots upon receipt by the appropriate election official, including the schedule for counting the ballots and the reporting of the unofficial results of such counting; and (E) voter identity verification procedures, including signature matching or verification. (2) The signature verification procedures used to verify the identity of voters in an election, which shall include an evaluation of human and machine methods of signature verification, an assessment of the training provided to individuals tasked to carry out such verification procedures, and the proposal of other less subjective methods of confirming the identity of a voter such as requiring the identification number of a valid government-issued photo identification or the last four digits of the voter’s social security number to be provided along with the voter’s signature. (3) The processes used to carry out maintenance of the official list of persons registered to vote in each State. (4) Rules and requirements with respect to the access provided to election observers. (5) The processes used to ensure the timely and accurate reporting of the unofficial results of ballot counting in each polling place in a State and the reporting of the unofficial results of such counting. (6) The methods used to recruit poll workers and designate the location of polling places during a pandemic, natural disaster, or other emergency. (7) The education of the public with respect to the certification and testing of voting machines and related nonvoting election technology (as defined in section 298C of the Help America Vote Act of 2002) prior to the use of such machines and technology in an election for Federal office, including education with respect to— (A) how such machines and technology are tested for accuracy, logic, and security; and (B) the connectivity to the public internet of such machines and technology. (8) The processes and procedures used to carry out a post-election audit. (9) The processes and procedures used to ensure a secure chain of custody with respect to ballots and election equipment. (10) Public education, access, and citizen oversight and input with respect to the certification and testing of voter machines prior to Federal elections. (11) The conduct of independent post-election audits. (12) Transparency in the election and voting process. (13) Accountability measures to ensure compliance by election administrators with applicable law. (c) Release of voluntary considerations \n(1) Deadline for release \nNot later than 12 months after the date of the enactment of the ACE Act, the Standards Board shall release voluntary considerations with respect to each of the categories described in subsection (b). (2) Transmission and notification requirements \nNot later than 15 days after the date the Standards Board releases voluntary considerations with respect to a category described in subsection (b), the Commission shall— (A) transmit the considerations to the chief State election official of each State and the elected leadership of the legislature of each State, including the elected leadership of any committee of the legislature of a State with jurisdiction with respect to elections; (B) make the considerations available on a publicly accessible Government website; and (C) notify and transmit the considerations to the chair and ranking minority member of the Committee on House Administration of the House of Representatives, the chair and ranking minority member of the Committee on Rules and Administration of the Senate, and the chairs and ranking minority members of other relevant committees of Congress. (d) Use of requirements payments for implementation of voluntary considerations \nA State may use a requirements payment provided under this Act or any other Federal funds made available to the State by the Commission for the purposes of election administration to implement any of the voluntary considerations released under subsection (a). (e) Rule of construction \nNothing in this section may be construed— (1) to require compliance with the voluntary considerations released under subsection (a), including as a condition of the receipt of Federal funds; or (2) to treat the lack of compliance with such considerations as a violation of the Voting Rights Act of 1965 or the Civil Rights Act of 1964 or to treat compliance with such considerations as a defense against an alleged violation of either such Act..", "id": "HAB5B41E68DF642AB915A40CB019CCFA9", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 20981 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20981" } ] }, { "text": "(b) Clerical amendment \nThe table of contents of such Act is amended— (1) by redesignating the item relating to section 247 as relating to section 248; and (2) by inserting after the item relating to section 246 the following new item: Sec. 247. Release of voluntary considerations by Standards Board with respect to election administration..", "id": "H7CC4898A2F7E41DA8AD29998F0CF5EAE", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20981 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20981" } ] }, { "text": "247. Release of voluntary considerations by Standards Board and Local Leadership Council with respect to election administration \n(a) In general \nThe Standards Board and the Local Leadership Council of the Commission shall draw from experiences in their home jurisdictions and information voluntarily provided by and between States and their political subdivisions on the effectiveness or ineffectiveness of election administration policies and release voluntary considerations with respect to the administration of an election for Federal office. (b) Matters To consider \nIn releasing the voluntary considerations under subsection (a), the Standards Board and the Local Leadership Council shall examine and consolidate information provided by States and release considerations with respect to each of the following categories: (1) The process for the administration of ballots delivered by mail, including— (A) deadlines for the return and receipt of such ballots to the appropriate election official; (B) the design of such ballots, including the envelopes used to deliver the ballots; (C) the process for requesting and tracking the return of such ballots; (D) the processing of such ballots upon receipt by the appropriate election official, including the schedule for counting the ballots and the reporting of the unofficial results of such counting; and (E) voter identity verification procedures, including signature matching or verification. (2) The signature verification procedures used to verify the identity of voters in an election, which shall include an evaluation of human and machine methods of signature verification, an assessment of the training provided to individuals tasked to carry out such verification procedures, and the proposal of other less subjective methods of confirming the identity of a voter such as requiring the identification number of a valid government-issued photo identification or the last four digits of the voter’s social security number to be provided along with the voter’s signature. (3) The processes used to carry out maintenance of the official list of persons registered to vote in each State. (4) Rules and requirements with respect to the access provided to election observers. (5) The processes used to ensure the timely and accurate reporting of the unofficial results of ballot counting in each polling place in a State and the reporting of the unofficial results of such counting. (6) The methods used to recruit poll workers and designate the location of polling places during a pandemic, natural disaster, or other emergency. (7) The education of the public with respect to the certification and testing of voting machines and related nonvoting election technology (as defined in section 298C of the Help America Vote Act of 2002) prior to the use of such machines and technology in an election for Federal office, including education with respect to— (A) how such machines and technology are tested for accuracy, logic, and security; and (B) the connectivity to the public internet of such machines and technology. (8) The processes and procedures used to carry out a post-election audit. (9) The processes and procedures used to ensure a secure chain of custody with respect to ballots and election equipment. (10) Public education, access, and citizen oversight and input with respect to the certification and testing of voter machines prior to Federal elections. (11) The conduct of independent post-election audits. (12) Transparency in the election and voting process. (13) Accountability measures to ensure compliance by election administrators with applicable law. (c) Release of voluntary considerations \n(1) Deadline for release \nNot later than 12 months after the date of the enactment of the ACE Act, the Standards Board shall release voluntary considerations with respect to each of the categories described in subsection (b). (2) Transmission and notification requirements \nNot later than 15 days after the date the Standards Board releases voluntary considerations with respect to a category described in subsection (b), the Commission shall— (A) transmit the considerations to the chief State election official of each State and the elected leadership of the legislature of each State, including the elected leadership of any committee of the legislature of a State with jurisdiction with respect to elections; (B) make the considerations available on a publicly accessible Government website; and (C) notify and transmit the considerations to the chair and ranking minority member of the Committee on House Administration of the House of Representatives, the chair and ranking minority member of the Committee on Rules and Administration of the Senate, and the chairs and ranking minority members of other relevant committees of Congress. (d) Use of requirements payments for implementation of voluntary considerations \nA State may use a requirements payment provided under this Act or any other Federal funds made available to the State by the Commission for the purposes of election administration to implement any of the voluntary considerations released under subsection (a). (e) Rule of construction \nNothing in this section may be construed— (1) to require compliance with the voluntary considerations released under subsection (a), including as a condition of the receipt of Federal funds; or (2) to treat the lack of compliance with such considerations as a violation of the Voting Rights Act of 1965 or the Civil Rights Act of 1964 or to treat compliance with such considerations as a defense against an alleged violation of either such Act.", "id": "H0A45940A50584126ABD45FA3FB32BF14", "header": "Release of voluntary considerations by Standards Board and Local Leadership Council with respect to election administration", "nested": [ { "text": "(a) In general \nThe Standards Board and the Local Leadership Council of the Commission shall draw from experiences in their home jurisdictions and information voluntarily provided by and between States and their political subdivisions on the effectiveness or ineffectiveness of election administration policies and release voluntary considerations with respect to the administration of an election for Federal office.", "id": "H066A6D4143BD49AEA4A3C7912475DFCF", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Matters To consider \nIn releasing the voluntary considerations under subsection (a), the Standards Board and the Local Leadership Council shall examine and consolidate information provided by States and release considerations with respect to each of the following categories: (1) The process for the administration of ballots delivered by mail, including— (A) deadlines for the return and receipt of such ballots to the appropriate election official; (B) the design of such ballots, including the envelopes used to deliver the ballots; (C) the process for requesting and tracking the return of such ballots; (D) the processing of such ballots upon receipt by the appropriate election official, including the schedule for counting the ballots and the reporting of the unofficial results of such counting; and (E) voter identity verification procedures, including signature matching or verification. (2) The signature verification procedures used to verify the identity of voters in an election, which shall include an evaluation of human and machine methods of signature verification, an assessment of the training provided to individuals tasked to carry out such verification procedures, and the proposal of other less subjective methods of confirming the identity of a voter such as requiring the identification number of a valid government-issued photo identification or the last four digits of the voter’s social security number to be provided along with the voter’s signature. (3) The processes used to carry out maintenance of the official list of persons registered to vote in each State. (4) Rules and requirements with respect to the access provided to election observers. (5) The processes used to ensure the timely and accurate reporting of the unofficial results of ballot counting in each polling place in a State and the reporting of the unofficial results of such counting. (6) The methods used to recruit poll workers and designate the location of polling places during a pandemic, natural disaster, or other emergency. (7) The education of the public with respect to the certification and testing of voting machines and related nonvoting election technology (as defined in section 298C of the Help America Vote Act of 2002) prior to the use of such machines and technology in an election for Federal office, including education with respect to— (A) how such machines and technology are tested for accuracy, logic, and security; and (B) the connectivity to the public internet of such machines and technology. (8) The processes and procedures used to carry out a post-election audit. (9) The processes and procedures used to ensure a secure chain of custody with respect to ballots and election equipment. (10) Public education, access, and citizen oversight and input with respect to the certification and testing of voter machines prior to Federal elections. (11) The conduct of independent post-election audits. (12) Transparency in the election and voting process. (13) Accountability measures to ensure compliance by election administrators with applicable law.", "id": "HF1A1ED34E8A14FCCB794AB103ED5B60F", "header": "Matters To consider", "nested": [], "links": [] }, { "text": "(c) Release of voluntary considerations \n(1) Deadline for release \nNot later than 12 months after the date of the enactment of the ACE Act, the Standards Board shall release voluntary considerations with respect to each of the categories described in subsection (b). (2) Transmission and notification requirements \nNot later than 15 days after the date the Standards Board releases voluntary considerations with respect to a category described in subsection (b), the Commission shall— (A) transmit the considerations to the chief State election official of each State and the elected leadership of the legislature of each State, including the elected leadership of any committee of the legislature of a State with jurisdiction with respect to elections; (B) make the considerations available on a publicly accessible Government website; and (C) notify and transmit the considerations to the chair and ranking minority member of the Committee on House Administration of the House of Representatives, the chair and ranking minority member of the Committee on Rules and Administration of the Senate, and the chairs and ranking minority members of other relevant committees of Congress.", "id": "HF2643467709E484BB780BD15DC860D4B", "header": "Release of voluntary considerations", "nested": [], "links": [] }, { "text": "(d) Use of requirements payments for implementation of voluntary considerations \nA State may use a requirements payment provided under this Act or any other Federal funds made available to the State by the Commission for the purposes of election administration to implement any of the voluntary considerations released under subsection (a).", "id": "HAA5A5E4E741640A3935A8439F9E4FEBE", "header": "Use of requirements payments for implementation of voluntary considerations", "nested": [], "links": [] }, { "text": "(e) Rule of construction \nNothing in this section may be construed— (1) to require compliance with the voluntary considerations released under subsection (a), including as a condition of the receipt of Federal funds; or (2) to treat the lack of compliance with such considerations as a violation of the Voting Rights Act of 1965 or the Civil Rights Act of 1964 or to treat compliance with such considerations as a defense against an alleged violation of either such Act.", "id": "HBDE8ACB032C14306AB6E3CB34CE01684", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "121. Ensuring only eligible American citizens may participate in Federal elections \n(a) Short title \nThis section may be cited as the Non-Citizens: Outlawed from Voting in Our Trusted Elections Act of 2023 or the NO VOTE for Non-Citizens Act of 2023. (b) Findings; Sense of Congress \n(1) Findings \nCongress finds the following: (A) Every eligible American citizen who wishes to cast a ballot in a Federal election must be permitted to do so according to law, and their ballot must be examined according to law, and, if it meets all lawful requirements, counted. (B) Congress has long required States to maintain Federal voter registration lists in a manner that promotes voter confidence. (C) The changes included herein are not intended to be an expansion of Federal power but rather a clarification of State authority. (D) The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections. (E) Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. (F) Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld. (G) Since the Constitution prohibits non-citizens from voting in Federal elections, such ineligible persons must not be permitted to be placed on Federal voter registration lists. (H) Improper placement of an ineligible non-citizen on a Federal voter registration list leads to— (i) confusion on the part of the ineligible person with respect to their ineligibility to cast a ballot; and (ii) an increased likelihood that human error will permit ineligible persons to cast ballots in Federal elections. (I) State officials have confirmed that poorly maintained voter registration lists lead to ineligible persons casting ballots in Federal elections. (J) A former Broward County, Florida, elections supervisor has confirmed that ineligible non-voters were able to cast ballots in previous elections and that she was not able to locate as many as 2,040 ballots during the 2018 midterm recount. (K) This clarification of State authority to maintain Federal voter registration lists to ensure non-citizens are not included on such lists will promote voter confidence in election processes and outcomes. (L) Congress has the authority to ensure that no Federal elections funding is used to support States that permit non-citizens to cast ballots in any election. (M) Federal courts and executive agencies have much of the information States may need to maintain their Federal voter registration lists, and those entities should make that information accessible to State election authorities. (N) It is important to clarify the penalty for any violation of law that allows a non-citizen to cast a ballot in a Federal election. (O) To protect the confidence of voters in Federal elections, it is important to implement the policy described herein. (2) Sense of Congress \nIt is the sense of Congress that— (A) many States have not adequately met the requirements concerning the removal of ineligible persons from State voter registration rolls pursuant to section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) and should strive to audit and update their voter registration rolls on a routine basis; (B) allowing non-citizens to cast ballots in American elections weakens our electoral system, directly and indirectly impacts Federal policy and funding decisions and candidate choice through the election of State and local officials, dilutes the value of citizenship, and sows distrust in our elections system; (C) even if a State has the sovereign authority, no State should permit non-citizens to cast ballots in State or local elections; (D) States should use all information available to them to maintain Federal voter registration lists and should inform Congress if such data is insufficient; and (E) Congress may take further action in the future to address this problem. (c) Clarifying authority of States To remove noncitizens from voting rolls \n(1) Authority under regular removal programs \nSection 8(a)(4) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(4) ) is amended— (A) by striking or at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) the registrant’s status as a noncitizen of the United States; or. (2) Conforming amendment relating to ongoing removal \nSection 8(c)(2)(B)(i) of such Act ( 52 U.S.C. 20507(c)(2)(B)(i) ) is amended by striking (4)(A) and inserting (4)(A) or (B). (d) Requirement To maintain separate State voter registration list for noncitizens \nSection 8(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a) ) is amended— (1) in paragraph (5)(B), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) in the case of a State that allows individuals who are not citizens of the United States to vote in elections for public office in the State or any local jurisdiction of the State, ensure that the name of any registrant who is not a citizen of the United States is maintained on a voter registration list that is separate from the official list of eligible voters with respect to registrants who are citizens of the United States.. (e) Requirements for ballots for State or local jurisdictions that allow noncitizen voting \nSection 301(a)(1) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(1) ) is amended by adding at the end the following new subparagraph: (D) In the case of a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction, the ballot used for the casting of votes by a noncitizen in such State or local jurisdiction may only include the candidates for the elections for public office in the State or local jurisdiction for which the noncitizen is permitted to vote.. (f) Reduction in payments for election administration to States or local jurisdictions that allow noncitizen voting \n(1) In general \nTitle IX of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 et seq. ) is amended by adding at the end the following new section: 907. Reduction in payments to States or local jurisdictions that allow noncitizen voting \n(a) In general \nNotwithstanding any other provision of this Act, the amount of a payment under this Act to any State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction shall be reduced by 30 percent. (b) Prohibition on use of funds for certain election administration activities \nNotwithstanding any other provision of law, no Federal funds may be used to implement the requirements of section 8(a)(7) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(7) ) (as added by section 121(d) of the American Confidence in Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(1)(D) ) (as added by section 121(e) of the American Confidence in Elections Act) in a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction.. (2) Clerical amendment \nThe table of contents of such Act is amended by adding at the end the following new item: Sec. 907. Reduction in payments to States or local jurisdictions that allow noncitizen voting.. (g) Promoting provision of information by Federal entities \n(1) In general \n(A) Requirement \nEach entity of the Federal government which maintains information which is relevant to the status of an individual as a registered voter in elections for Federal office in a State shall, upon the request of an election official of the State, provide that information to the election official. (B) Prohibiting fees \nThe head of an entity described in subparagraph (A) may not charge a fee for responding to an election official’s request under such subparagraph. (2) Policies and procedures \nConsistent with section 3506(g) of title 44, United States Code, an entity of the Federal government shall carry out this subsection in accordance with policies and procedures which will ensure that the information is provided securely, accurately, and in a timely basis. (3) Conforming amendment relating to coverage under Privacy Act \nSection 552a(b) of title 5, United States Code, is amended— (A) by striking or at the end of paragraph (11); (B) by striking the period at the end of paragraph (12) and inserting ; or ; and (C) by adding at the end the following new paragraph: (13) to an election official of a State in accordance with section 121(h) of the American Confidence in Elections Act.. (h) Ensuring provision of information to State election officials on individuals recused from jury service on grounds of noncitizenship \n(1) Requirement described \nIf a United States district court recuses an individual from serving on a jury on the grounds that the individual is not a citizen of the United States, the court shall transmit a notice of the individual’s recusal— (A) to the chief State election official of the State in which the individual resides; and (B) to the Attorney General. (2) Definitions \nFor purposes of this subsection— (A) the chief State election official of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act; and (B) the term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ), as amended by section 138. (i) Prohibition on voting by noncitizens in Federal elections \n(1) In general \nSection 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) is amended— (A) by striking A person and inserting (a) In general.— A person ; and (B) by adding at the end the following new subsection: (b) Prohibition on voting by aliens \n(1) In general \nIt shall be unlawful for any alien to vote in any election in violation of section 611 of title 18, United States Code. (2) Penalties \nAny person who violates this subsection shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.. (2) Effective date \nThis subsection and the amendments made by this subsection shall apply with respect to elections held after the date of the enactment of this Act.", "id": "HC5F126B789C74D9AA63D2C8BF43EEBB4", "header": "Ensuring only eligible American citizens may participate in Federal elections", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Non-Citizens: Outlawed from Voting in Our Trusted Elections Act of 2023 or the NO VOTE for Non-Citizens Act of 2023.", "id": "H60E87C4C896D481EBFCA7908CE27CB85", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings; Sense of Congress \n(1) Findings \nCongress finds the following: (A) Every eligible American citizen who wishes to cast a ballot in a Federal election must be permitted to do so according to law, and their ballot must be examined according to law, and, if it meets all lawful requirements, counted. (B) Congress has long required States to maintain Federal voter registration lists in a manner that promotes voter confidence. (C) The changes included herein are not intended to be an expansion of Federal power but rather a clarification of State authority. (D) The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections. (E) Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. (F) Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld. (G) Since the Constitution prohibits non-citizens from voting in Federal elections, such ineligible persons must not be permitted to be placed on Federal voter registration lists. (H) Improper placement of an ineligible non-citizen on a Federal voter registration list leads to— (i) confusion on the part of the ineligible person with respect to their ineligibility to cast a ballot; and (ii) an increased likelihood that human error will permit ineligible persons to cast ballots in Federal elections. (I) State officials have confirmed that poorly maintained voter registration lists lead to ineligible persons casting ballots in Federal elections. (J) A former Broward County, Florida, elections supervisor has confirmed that ineligible non-voters were able to cast ballots in previous elections and that she was not able to locate as many as 2,040 ballots during the 2018 midterm recount. (K) This clarification of State authority to maintain Federal voter registration lists to ensure non-citizens are not included on such lists will promote voter confidence in election processes and outcomes. (L) Congress has the authority to ensure that no Federal elections funding is used to support States that permit non-citizens to cast ballots in any election. (M) Federal courts and executive agencies have much of the information States may need to maintain their Federal voter registration lists, and those entities should make that information accessible to State election authorities. (N) It is important to clarify the penalty for any violation of law that allows a non-citizen to cast a ballot in a Federal election. (O) To protect the confidence of voters in Federal elections, it is important to implement the policy described herein. (2) Sense of Congress \nIt is the sense of Congress that— (A) many States have not adequately met the requirements concerning the removal of ineligible persons from State voter registration rolls pursuant to section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) and should strive to audit and update their voter registration rolls on a routine basis; (B) allowing non-citizens to cast ballots in American elections weakens our electoral system, directly and indirectly impacts Federal policy and funding decisions and candidate choice through the election of State and local officials, dilutes the value of citizenship, and sows distrust in our elections system; (C) even if a State has the sovereign authority, no State should permit non-citizens to cast ballots in State or local elections; (D) States should use all information available to them to maintain Federal voter registration lists and should inform Congress if such data is insufficient; and (E) Congress may take further action in the future to address this problem.", "id": "HF3774BF86293467390512A33FA81331A", "header": "Findings; Sense of Congress", "nested": [], "links": [ { "text": "52 U.S.C. 20507", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "(c) Clarifying authority of States To remove noncitizens from voting rolls \n(1) Authority under regular removal programs \nSection 8(a)(4) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(4) ) is amended— (A) by striking or at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) the registrant’s status as a noncitizen of the United States; or. (2) Conforming amendment relating to ongoing removal \nSection 8(c)(2)(B)(i) of such Act ( 52 U.S.C. 20507(c)(2)(B)(i) ) is amended by striking (4)(A) and inserting (4)(A) or (B).", "id": "H45D93B40BA68478BB9BF6C2353B952BB", "header": "Clarifying authority of States To remove noncitizens from voting rolls", "nested": [], "links": [ { "text": "52 U.S.C. 20507(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20507(c)(2)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "(d) Requirement To maintain separate State voter registration list for noncitizens \nSection 8(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a) ) is amended— (1) in paragraph (5)(B), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) in the case of a State that allows individuals who are not citizens of the United States to vote in elections for public office in the State or any local jurisdiction of the State, ensure that the name of any registrant who is not a citizen of the United States is maintained on a voter registration list that is separate from the official list of eligible voters with respect to registrants who are citizens of the United States..", "id": "HF31B70BAA7FF48AEB2646B47EAE91B5A", "header": "Requirement To maintain separate State voter registration list for noncitizens", "nested": [], "links": [ { "text": "52 U.S.C. 20507(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "(e) Requirements for ballots for State or local jurisdictions that allow noncitizen voting \nSection 301(a)(1) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(1) ) is amended by adding at the end the following new subparagraph: (D) In the case of a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction, the ballot used for the casting of votes by a noncitizen in such State or local jurisdiction may only include the candidates for the elections for public office in the State or local jurisdiction for which the noncitizen is permitted to vote..", "id": "H1824C5DDA6034BFA9E017DAFEFD02F15", "header": "Requirements for ballots for State or local jurisdictions that allow noncitizen voting", "nested": [], "links": [ { "text": "52 U.S.C. 21081(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(f) Reduction in payments for election administration to States or local jurisdictions that allow noncitizen voting \n(1) In general \nTitle IX of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 et seq. ) is amended by adding at the end the following new section: 907. Reduction in payments to States or local jurisdictions that allow noncitizen voting \n(a) In general \nNotwithstanding any other provision of this Act, the amount of a payment under this Act to any State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction shall be reduced by 30 percent. (b) Prohibition on use of funds for certain election administration activities \nNotwithstanding any other provision of law, no Federal funds may be used to implement the requirements of section 8(a)(7) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(7) ) (as added by section 121(d) of the American Confidence in Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(1)(D) ) (as added by section 121(e) of the American Confidence in Elections Act) in a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction.. (2) Clerical amendment \nThe table of contents of such Act is amended by adding at the end the following new item: Sec. 907. Reduction in payments to States or local jurisdictions that allow noncitizen voting..", "id": "H57BE44BD5A5C47F9BAD8F8CC74FC513B", "header": "Reduction in payments for election administration to States or local jurisdictions that allow noncitizen voting", "nested": [], "links": [ { "text": "52 U.S.C. 21141 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21141" }, { "text": "52 U.S.C. 20507(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 21081(a)(1)(D)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(g) Promoting provision of information by Federal entities \n(1) In general \n(A) Requirement \nEach entity of the Federal government which maintains information which is relevant to the status of an individual as a registered voter in elections for Federal office in a State shall, upon the request of an election official of the State, provide that information to the election official. (B) Prohibiting fees \nThe head of an entity described in subparagraph (A) may not charge a fee for responding to an election official’s request under such subparagraph. (2) Policies and procedures \nConsistent with section 3506(g) of title 44, United States Code, an entity of the Federal government shall carry out this subsection in accordance with policies and procedures which will ensure that the information is provided securely, accurately, and in a timely basis. (3) Conforming amendment relating to coverage under Privacy Act \nSection 552a(b) of title 5, United States Code, is amended— (A) by striking or at the end of paragraph (11); (B) by striking the period at the end of paragraph (12) and inserting ; or ; and (C) by adding at the end the following new paragraph: (13) to an election official of a State in accordance with section 121(h) of the American Confidence in Elections Act..", "id": "H5AF72F54345E4436BA612E114E3C3747", "header": "Promoting provision of information by Federal entities", "nested": [], "links": [] }, { "text": "(h) Ensuring provision of information to State election officials on individuals recused from jury service on grounds of noncitizenship \n(1) Requirement described \nIf a United States district court recuses an individual from serving on a jury on the grounds that the individual is not a citizen of the United States, the court shall transmit a notice of the individual’s recusal— (A) to the chief State election official of the State in which the individual resides; and (B) to the Attorney General. (2) Definitions \nFor purposes of this subsection— (A) the chief State election official of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act; and (B) the term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ), as amended by section 138.", "id": "HEA059A3A4F8146CEA71D973D73183A89", "header": "Ensuring provision of information to State election officials on individuals recused from jury service on grounds of noncitizenship", "nested": [], "links": [ { "text": "52 U.S.C. 20509", "legal-doc": "usc", "parsable-cite": "usc/52/20509" }, { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" } ] }, { "text": "(i) Prohibition on voting by noncitizens in Federal elections \n(1) In general \nSection 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) is amended— (A) by striking A person and inserting (a) In general.— A person ; and (B) by adding at the end the following new subsection: (b) Prohibition on voting by aliens \n(1) In general \nIt shall be unlawful for any alien to vote in any election in violation of section 611 of title 18, United States Code. (2) Penalties \nAny person who violates this subsection shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.. (2) Effective date \nThis subsection and the amendments made by this subsection shall apply with respect to elections held after the date of the enactment of this Act.", "id": "H3030DD042D4848ECA9291FFE6FE30D61", "header": "Prohibition on voting by noncitizens in Federal elections", "nested": [], "links": [ { "text": "52 U.S.C. 20511", "legal-doc": "usc", "parsable-cite": "usc/52/20511" } ] } ], "links": [ { "text": "52 U.S.C. 20507", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20507(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20507(c)(2)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20507(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 21081(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21141 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21141" }, { "text": "52 U.S.C. 20507(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 21081(a)(1)(D)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 20509", "legal-doc": "usc", "parsable-cite": "usc/52/20509" }, { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" }, { "text": "52 U.S.C. 20511", "legal-doc": "usc", "parsable-cite": "usc/52/20511" } ] }, { "text": "907. Reduction in payments to States or local jurisdictions that allow noncitizen voting \n(a) In general \nNotwithstanding any other provision of this Act, the amount of a payment under this Act to any State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction shall be reduced by 30 percent. (b) Prohibition on use of funds for certain election administration activities \nNotwithstanding any other provision of law, no Federal funds may be used to implement the requirements of section 8(a)(7) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(7) ) (as added by section 121(d) of the American Confidence in Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(1)(D) ) (as added by section 121(e) of the American Confidence in Elections Act) in a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction.", "id": "H48CE7B46D50D4F11B97A030ADD35798E", "header": "Reduction in payments to States or local jurisdictions that allow noncitizen voting", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of this Act, the amount of a payment under this Act to any State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction shall be reduced by 30 percent.", "id": "H73BA0EA5B800424F811234F650EB7EA1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibition on use of funds for certain election administration activities \nNotwithstanding any other provision of law, no Federal funds may be used to implement the requirements of section 8(a)(7) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(7) ) (as added by section 121(d) of the American Confidence in Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(1)(D) ) (as added by section 121(e) of the American Confidence in Elections Act) in a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction.", "id": "H38C75337358842379C4E5A36738C54D8", "header": "Prohibition on use of funds for certain election administration activities", "nested": [], "links": [ { "text": "52 U.S.C. 20507(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 21081(a)(1)(D)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] } ], "links": [ { "text": "52 U.S.C. 20507(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 21081(a)(1)(D)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "122. State reporting requirements with respect to voter list maintenance \nSection 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) is amended— (1) in subsection (i), by adding at the end the following: (3) The records maintained pursuant to paragraph (1) shall include lists of the names and addresses of all registrants in a State who were inactive according to the criteria described in subsection (d)(1)(B) and the length of time each such registrant has been inactive according to such criteria. (4) Nothing in this subsection may be construed to waive the requirement that a State make the records maintained pursuant to paragraph (1) publically available, without regard to whether or not the records are maintained in whole or in part, or were provided to the State or a political subdivision of the State, by a nongovernmental organization or other private entity. ; (2) by redesignating subsection (j) as subsection (k); and (3) by inserting after subsection (i) the following new subsection: (j) Reporting requirements \nNot later than June 30 of each odd-numbered year, each State shall submit to the Election Assistance Commission a report that includes, with respect to such State during the preceding 2-year period, the total number of— (1) registrants who were inactive according to the criteria described in subsection (d)(1)(B) and the length of time each such registrant has been inactive according to such criteria; (2) registrants who voted in at least one of the prior 2 consecutive general elections for Federal office; (3) registrants removed from the list of official voters in the State pursuant to subsection (d)(1)(B); (4) notices sent to registrants pursuant to subsection (d)(2); and (5) registrants who received a notice described in paragraph (4) who responded to such notice..", "id": "HDAF1760DE466452C96AF4E979B90280C", "header": "State reporting requirements with respect to voter list maintenance", "nested": [], "links": [ { "text": "52 U.S.C. 20507", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "123. Contents of State mail voter registration form \n(a) Short title \nThis section may be cited as the State Instruction Inclusion Act. (b) In general \nSection 6(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505(a) ) is amended— (1) in paragraph (1), by inserting , except that a State may, in addition to the criteria stated in section 9(b), require that an applicant provide proof that the applicant is a citizen of the United States after elections for Federal office ; and (2) in paragraph (2), by inserting and such form may include a requirement that the applicant provide proof that the applicant is a citizen of the United States after elections for Federal office.", "id": "H7148D344AAC044DD96C9CA1B004AB44C", "header": "Contents of State mail voter registration form", "nested": [ { "text": "(a) Short title \nThis section may be cited as the State Instruction Inclusion Act.", "id": "H744250C48AFF46D984AE0DAEB00EED58", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) In general \nSection 6(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505(a) ) is amended— (1) in paragraph (1), by inserting , except that a State may, in addition to the criteria stated in section 9(b), require that an applicant provide proof that the applicant is a citizen of the United States after elections for Federal office ; and (2) in paragraph (2), by inserting and such form may include a requirement that the applicant provide proof that the applicant is a citizen of the United States after elections for Federal office.", "id": "HE89B8FEFF9F24E678CC0C02F76BA3BB0", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 20505(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20505" } ] } ], "links": [ { "text": "52 U.S.C. 20505(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20505" } ] }, { "text": "124. Provision of photographic citizen voter identification tools for State use \n(a) Short title \nThis section may be cited as the Citizen Vote Protection Act. (b) Findings; Sense of Congress \n(1) Findings \nCongress finds the following: (A) Photo voter identification programs established by the States should be administered without unlawful discrimination and with an eye toward balancing appropriate access to the ballot box with election integrity and voter confidence goals. (B) As confirmed by the bipartisan Commission on Federal Election Reform (commonly known as the Carter-Baker Commission), [v]oters in nearly 100 democracies use a photo identification card without fear of infringement of their rights. (C) As confirmed by the Carter-Baker Commission, “[t]he right to vote is a vital component of U.S. citizenship and all States should use their best efforts to obtain proof of citizenship before registering voters.”. (D) The Carter-Baker Commission was correct in its 2005 report when it recommended that the REAL ID Act be modestly adapted for voting purposes to indicate on the front or back whether the individual is a U.S. citizen.. (E) Congress acknowledges the important work completed by the Carter-Baker Commission and, by amending the REAL ID Act, resolves the concerns in the Commission’s report that [t]he REAL ID Act does not require that the card indicates citizenship, but that would need to be done if the card is to be used for voting purposes. (F) Photographic voter identification is important for ensuring voter confidence in election processes and outcomes. (G) Requiring photographic voter identification is well within States’ constitutional competence, including pursuant to the Qualifications Clause of the Constitution of the United States (article I, section 2, clause 2), the Presidential Electors Clause of the Constitution (article II, section 1, clause 2), and the Seventeenth Amendment. (H) The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections. (I) Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. (J) Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld. (2) Sense of Congress \nIt is the sense of Congress that— (A) the States should implement the substance of the recommendation of the Carter-Baker Commission that, [t]o ensure that persons presenting themselves at the polling place are the ones on the registration list, the Commission recommends that states [encourage] voters to use the REAL ID card, which was mandated in a law signed by the President in May 2005 ; and (B) a standard State photo identification document, when required for voting purposes, should be available at no cost. (c) REAL ID Act Amendment \n(1) Amendment \nSection 202(b) of the Real ID Act of 2005 ( 49 U.S.C. 30301 note) is amended by adding at the end the following new paragraph: (10) If the person is a citizen of the United States, an indication of that citizenship, except that no other information may be included with respect to the immigration status of the person.. (2) Applicability \nThe amendment made by this subsection shall be effective January 1, 2026, and shall apply with respect to any driver’s license or identification card issued by a State on and after such date. (d) Rule of construction \nNothing in this section or in any amendment made by this section may be construed to establish or mandate the use of a national identification card or to authorize any office of the executive branch to establish or mandate the use of a national identification card.", "id": "HBCB0D74742684DB9AF0B1F8C909037C8", "header": "Provision of photographic citizen voter identification tools for State use", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Citizen Vote Protection Act.", "id": "H03BEEC01ECFA4DA4B8E641FDED86036F", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings; Sense of Congress \n(1) Findings \nCongress finds the following: (A) Photo voter identification programs established by the States should be administered without unlawful discrimination and with an eye toward balancing appropriate access to the ballot box with election integrity and voter confidence goals. (B) As confirmed by the bipartisan Commission on Federal Election Reform (commonly known as the Carter-Baker Commission), [v]oters in nearly 100 democracies use a photo identification card without fear of infringement of their rights. (C) As confirmed by the Carter-Baker Commission, “[t]he right to vote is a vital component of U.S. citizenship and all States should use their best efforts to obtain proof of citizenship before registering voters.”. (D) The Carter-Baker Commission was correct in its 2005 report when it recommended that the REAL ID Act be modestly adapted for voting purposes to indicate on the front or back whether the individual is a U.S. citizen.. (E) Congress acknowledges the important work completed by the Carter-Baker Commission and, by amending the REAL ID Act, resolves the concerns in the Commission’s report that [t]he REAL ID Act does not require that the card indicates citizenship, but that would need to be done if the card is to be used for voting purposes. (F) Photographic voter identification is important for ensuring voter confidence in election processes and outcomes. (G) Requiring photographic voter identification is well within States’ constitutional competence, including pursuant to the Qualifications Clause of the Constitution of the United States (article I, section 2, clause 2), the Presidential Electors Clause of the Constitution (article II, section 1, clause 2), and the Seventeenth Amendment. (H) The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections. (I) Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. (J) Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld. (2) Sense of Congress \nIt is the sense of Congress that— (A) the States should implement the substance of the recommendation of the Carter-Baker Commission that, [t]o ensure that persons presenting themselves at the polling place are the ones on the registration list, the Commission recommends that states [encourage] voters to use the REAL ID card, which was mandated in a law signed by the President in May 2005 ; and (B) a standard State photo identification document, when required for voting purposes, should be available at no cost.", "id": "H0AAAD2D2E0B942F09CE9586FA7EF83EB", "header": "Findings; Sense of Congress", "nested": [], "links": [] }, { "text": "(c) REAL ID Act Amendment \n(1) Amendment \nSection 202(b) of the Real ID Act of 2005 ( 49 U.S.C. 30301 note) is amended by adding at the end the following new paragraph: (10) If the person is a citizen of the United States, an indication of that citizenship, except that no other information may be included with respect to the immigration status of the person.. (2) Applicability \nThe amendment made by this subsection shall be effective January 1, 2026, and shall apply with respect to any driver’s license or identification card issued by a State on and after such date.", "id": "H4CD9C0854C7E43F690226C9737CAEEA0", "header": "REAL ID Act Amendment", "nested": [], "links": [ { "text": "49 U.S.C. 30301", "legal-doc": "usc", "parsable-cite": "usc/49/30301" } ] }, { "text": "(d) Rule of construction \nNothing in this section or in any amendment made by this section may be construed to establish or mandate the use of a national identification card or to authorize any office of the executive branch to establish or mandate the use of a national identification card.", "id": "H0914258CE35640619444C42226A722D0", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 30301", "legal-doc": "usc", "parsable-cite": "usc/49/30301" } ] }, { "text": "125. Mandatory provision of identification for certain voters not voting in person \n(a) Requiring voters To provide identification \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: 304. Mandatory provision of identification for certain voters who vote by mail \n(a) Finding of Constitutional authority \nCongress finds that it has the authority to establish the terms and conditions that States must follow with respect to the administration of voting by mail because article I, section 8, clause 7 of the Constitution of the United States and other enumerated powers grant Congress the power to regulate the operations of the United States Postal Service. (b) Requiring provision of identification To receive a ballot or vote in certain cases \n(1) Individuals requesting a ballot to vote by mail \nNotwithstanding any other provision of law, the appropriate State or local election official may not provide an individual a ballot to vote by mail for an election for Federal office in a case in which the individual requested such ballot other than in person from the appropriate State or local election official of the State at a State designated elections office unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (2) Individuals voting by mail in certain cases \n(A) In general \nNotwithstanding any other provision of law, in a case in which the appropriate State or local election official provides an individual a ballot to vote by mail for an election for Federal office without requiring such individual to submit a separate application or request to receive such ballot for each such election, the election official may not accept the voted ballot unless the individual submits with the voted ballot a copy of an identification described in paragraph (3). (B) Fail-safe voting \nAn individual who desires to vote other than in person but who does not meet the requirements of subparagraph (A) may cast such a ballot other than in person and the ballot shall be counted as a provisional ballot in accordance with section 302(a). (3) Identification described \nAn identification described in this paragraph is, with respect to an individual— (A) a current and valid photo identification of the individual; (B) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the individual; (C) a valid driver’s license or an identification card issued by a State or the identification number for such driver’s license or identification card issued by a State; (D) the last 4 digits of the individual's social security number; or (E) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subparagraphs (A) through (D) such that the election official is reasonably certain as to the identity of the individual. (c) Exceptions \nThis section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (3) entitled to vote otherwise than in person under any other Federal law. (d) Rule of construction \nNothing in this section may be construed as prohibiting a State from imposing identification requirements to request a ballot to vote by mail or cast a vote by mail that are more stringent than the requirements under this section. (e) Effective date \nThis section shall take effect on January 1, 2025.. (b) Conforming amendments relating to existing identification requirements \n(1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements \nSection 303(b)(1)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(1)(A) ) is amended by striking by mail and inserting by mail or otherwise not in person at an elections office or voter registration agency of the State. (2) Exceptions \nSection 303(b)(3) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(3) ) is amended— (A) in subparagraph (A), by striking by mail under section 6 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg-4 ) and inserting by mail under section 6 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505 ) or otherwise not in person at a voter registration agency of the State ; and (B) in subparagraph (B)(i), by striking by mail under section 6 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg-4 ) and inserting by mail under section 6 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505 ) or otherwise not in person at a voter registration agency of the State. (3) Expansion of types of identification permitted \nSection 303(b)(2)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(2)(A) ) is amended— (A) in clause (i)— (i) in subclause (I), by striking or at the end; and (ii) by adding at the end the following new subclause: (III) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subclauses (I) and (II) such that the election official is reasonably certain as to the identity of the individual; or ; and (B) in clause (ii)— (i) in subclause (I), by striking or at the end; (ii) in subclause (II), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following new subclause: (III) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subclauses (I) and (II) such that the election official is reasonably certain as to the identity of the individual.. (c) Conforming amendment relating to enforcement \nSection 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and 304. (d) Clerical amendment \nThe table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following: Sec. 304. Mandatory provision of identification for certain voters who vote by mail..", "id": "H30399C0AD8324252A32CBA118CD54D22", "header": "Mandatory provision of identification for certain voters not voting in person", "nested": [ { "text": "(a) Requiring voters To provide identification \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: 304. Mandatory provision of identification for certain voters who vote by mail \n(a) Finding of Constitutional authority \nCongress finds that it has the authority to establish the terms and conditions that States must follow with respect to the administration of voting by mail because article I, section 8, clause 7 of the Constitution of the United States and other enumerated powers grant Congress the power to regulate the operations of the United States Postal Service. (b) Requiring provision of identification To receive a ballot or vote in certain cases \n(1) Individuals requesting a ballot to vote by mail \nNotwithstanding any other provision of law, the appropriate State or local election official may not provide an individual a ballot to vote by mail for an election for Federal office in a case in which the individual requested such ballot other than in person from the appropriate State or local election official of the State at a State designated elections office unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (2) Individuals voting by mail in certain cases \n(A) In general \nNotwithstanding any other provision of law, in a case in which the appropriate State or local election official provides an individual a ballot to vote by mail for an election for Federal office without requiring such individual to submit a separate application or request to receive such ballot for each such election, the election official may not accept the voted ballot unless the individual submits with the voted ballot a copy of an identification described in paragraph (3). (B) Fail-safe voting \nAn individual who desires to vote other than in person but who does not meet the requirements of subparagraph (A) may cast such a ballot other than in person and the ballot shall be counted as a provisional ballot in accordance with section 302(a). (3) Identification described \nAn identification described in this paragraph is, with respect to an individual— (A) a current and valid photo identification of the individual; (B) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the individual; (C) a valid driver’s license or an identification card issued by a State or the identification number for such driver’s license or identification card issued by a State; (D) the last 4 digits of the individual's social security number; or (E) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subparagraphs (A) through (D) such that the election official is reasonably certain as to the identity of the individual. (c) Exceptions \nThis section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (3) entitled to vote otherwise than in person under any other Federal law. (d) Rule of construction \nNothing in this section may be construed as prohibiting a State from imposing identification requirements to request a ballot to vote by mail or cast a vote by mail that are more stringent than the requirements under this section. (e) Effective date \nThis section shall take effect on January 1, 2025..", "id": "H9F2E9A4F4B454E2EB533969A5B526F35", "header": "Requiring voters To provide identification", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20102(b)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/20102" } ] }, { "text": "(b) Conforming amendments relating to existing identification requirements \n(1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements \nSection 303(b)(1)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(1)(A) ) is amended by striking by mail and inserting by mail or otherwise not in person at an elections office or voter registration agency of the State. (2) Exceptions \nSection 303(b)(3) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(3) ) is amended— (A) in subparagraph (A), by striking by mail under section 6 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg-4 ) and inserting by mail under section 6 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505 ) or otherwise not in person at a voter registration agency of the State ; and (B) in subparagraph (B)(i), by striking by mail under section 6 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg-4 ) and inserting by mail under section 6 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505 ) or otherwise not in person at a voter registration agency of the State. (3) Expansion of types of identification permitted \nSection 303(b)(2)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(2)(A) ) is amended— (A) in clause (i)— (i) in subclause (I), by striking or at the end; and (ii) by adding at the end the following new subclause: (III) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subclauses (I) and (II) such that the election official is reasonably certain as to the identity of the individual; or ; and (B) in clause (ii)— (i) in subclause (I), by striking or at the end; (ii) in subclause (II), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following new subclause: (III) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subclauses (I) and (II) such that the election official is reasonably certain as to the identity of the individual..", "id": "H553FCAA54C5A443291516DD4D3E45AD9", "header": "Conforming amendments relating to existing identification requirements", "nested": [], "links": [ { "text": "52 U.S.C. 21083(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 21083(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "42 U.S.C. 1973gg-4", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-4" }, { "text": "52 U.S.C. 20505", "legal-doc": "usc", "parsable-cite": "usc/52/20505" }, { "text": "42 U.S.C. 1973gg-4", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-4" }, { "text": "52 U.S.C. 20505", "legal-doc": "usc", "parsable-cite": "usc/52/20505" }, { "text": "52 U.S.C. 21083(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" } ] }, { "text": "(c) Conforming amendment relating to enforcement \nSection 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and 304.", "id": "HCE0AB2D7C966430097913E1793481089", "header": "Conforming amendment relating to enforcement", "nested": [], "links": [ { "text": "52 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/52/21111" } ] }, { "text": "(d) Clerical amendment \nThe table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following: Sec. 304. Mandatory provision of identification for certain voters who vote by mail..", "id": "H30083D71D2BD42E8BA51525D5FB2C211", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20102(b)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/20102" }, { "text": "52 U.S.C. 21083(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 21083(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "42 U.S.C. 1973gg-4", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-4" }, { "text": "52 U.S.C. 20505", "legal-doc": "usc", "parsable-cite": "usc/52/20505" }, { "text": "42 U.S.C. 1973gg-4", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-4" }, { "text": "52 U.S.C. 20505", "legal-doc": "usc", "parsable-cite": "usc/52/20505" }, { "text": "52 U.S.C. 21083(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/52/21111" } ] }, { "text": "304. Mandatory provision of identification for certain voters who vote by mail \n(a) Finding of Constitutional authority \nCongress finds that it has the authority to establish the terms and conditions that States must follow with respect to the administration of voting by mail because article I, section 8, clause 7 of the Constitution of the United States and other enumerated powers grant Congress the power to regulate the operations of the United States Postal Service. (b) Requiring provision of identification To receive a ballot or vote in certain cases \n(1) Individuals requesting a ballot to vote by mail \nNotwithstanding any other provision of law, the appropriate State or local election official may not provide an individual a ballot to vote by mail for an election for Federal office in a case in which the individual requested such ballot other than in person from the appropriate State or local election official of the State at a State designated elections office unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (2) Individuals voting by mail in certain cases \n(A) In general \nNotwithstanding any other provision of law, in a case in which the appropriate State or local election official provides an individual a ballot to vote by mail for an election for Federal office without requiring such individual to submit a separate application or request to receive such ballot for each such election, the election official may not accept the voted ballot unless the individual submits with the voted ballot a copy of an identification described in paragraph (3). (B) Fail-safe voting \nAn individual who desires to vote other than in person but who does not meet the requirements of subparagraph (A) may cast such a ballot other than in person and the ballot shall be counted as a provisional ballot in accordance with section 302(a). (3) Identification described \nAn identification described in this paragraph is, with respect to an individual— (A) a current and valid photo identification of the individual; (B) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the individual; (C) a valid driver’s license or an identification card issued by a State or the identification number for such driver’s license or identification card issued by a State; (D) the last 4 digits of the individual's social security number; or (E) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subparagraphs (A) through (D) such that the election official is reasonably certain as to the identity of the individual. (c) Exceptions \nThis section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (3) entitled to vote otherwise than in person under any other Federal law. (d) Rule of construction \nNothing in this section may be construed as prohibiting a State from imposing identification requirements to request a ballot to vote by mail or cast a vote by mail that are more stringent than the requirements under this section. (e) Effective date \nThis section shall take effect on January 1, 2025.", "id": "H4DB7B9DDB2B747CDABAD34242975DBEC", "header": "Mandatory provision of identification for certain voters who vote by mail", "nested": [ { "text": "(a) Finding of Constitutional authority \nCongress finds that it has the authority to establish the terms and conditions that States must follow with respect to the administration of voting by mail because article I, section 8, clause 7 of the Constitution of the United States and other enumerated powers grant Congress the power to regulate the operations of the United States Postal Service.", "id": "H64379B05DBEC4648B17549D567F44500", "header": "Finding of Constitutional authority", "nested": [], "links": [] }, { "text": "(b) Requiring provision of identification To receive a ballot or vote in certain cases \n(1) Individuals requesting a ballot to vote by mail \nNotwithstanding any other provision of law, the appropriate State or local election official may not provide an individual a ballot to vote by mail for an election for Federal office in a case in which the individual requested such ballot other than in person from the appropriate State or local election official of the State at a State designated elections office unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (2) Individuals voting by mail in certain cases \n(A) In general \nNotwithstanding any other provision of law, in a case in which the appropriate State or local election official provides an individual a ballot to vote by mail for an election for Federal office without requiring such individual to submit a separate application or request to receive such ballot for each such election, the election official may not accept the voted ballot unless the individual submits with the voted ballot a copy of an identification described in paragraph (3). (B) Fail-safe voting \nAn individual who desires to vote other than in person but who does not meet the requirements of subparagraph (A) may cast such a ballot other than in person and the ballot shall be counted as a provisional ballot in accordance with section 302(a). (3) Identification described \nAn identification described in this paragraph is, with respect to an individual— (A) a current and valid photo identification of the individual; (B) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the individual; (C) a valid driver’s license or an identification card issued by a State or the identification number for such driver’s license or identification card issued by a State; (D) the last 4 digits of the individual's social security number; or (E) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subparagraphs (A) through (D) such that the election official is reasonably certain as to the identity of the individual.", "id": "H5C1D74DFE8F54BC29D8A06A1B2352984", "header": "Requiring provision of identification To receive a ballot or vote in certain cases", "nested": [], "links": [] }, { "text": "(c) Exceptions \nThis section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (3) entitled to vote otherwise than in person under any other Federal law.", "id": "H9A2D894CDC554C8EA7A04C1073BDA8EF", "header": "Exceptions", "nested": [], "links": [ { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20102(b)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/20102" } ] }, { "text": "(d) Rule of construction \nNothing in this section may be construed as prohibiting a State from imposing identification requirements to request a ballot to vote by mail or cast a vote by mail that are more stringent than the requirements under this section.", "id": "H3FC40B6E39144D14913E134EE8704B3C", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(e) Effective date \nThis section shall take effect on January 1, 2025.", "id": "H72A65DC856F34E1CBCC4CF74008B63A1", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20102(b)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/20102" } ] }, { "text": "126. Confirming access for Congressional election observers \n(a) Short title \nThis section may be cited as the Confirmation of Congressional Observer Access Act of 2023 or the COCOA Act of 2023. (b) Findings relating to Congressional election observers \nCongress finds the following: (1) The Constitution delegates to each of House of the Congress the authority to “be the Judge of the Elections, Returns and Qualifications of its own Members”. (2) While, in general, Congress shall respect the determination of State authorities with respect to the election of members to each House, each House of Congress serves as the final arbiter over any contest to the seating of any putative Member-elect or Senator-elect. (3) These election contest procedures are contained in the precedents of each House of Congress. Further, for the House of Representatives the procedures exist under the Federal Contested Elections Act. (4) In the post-Civil War modern era, more than 100 election contests have been filed with the House of Representatives. (5) For decades, Congress has appointed and sent out official congressional observers to watch the administration of congressional elections in the States and territories. (6) These observers serve to permit Congress to develop its own factual record in preparation for eventual contests and for other reasons. (7) This section and the amendments made by this section do not establish any new authorities or procedures but are provided simply to permit a convenient statutory reference for existing Congressional authority and activity. (c) Confirming requirement that States provide access \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 125(a), is amended— (1) by redesignating sections 305 and 306 as sections 306 and 307; and (2) by inserting after section 304 the following new section: 305. Confirming access for Congressional election observers \n(a) Finding of Constitutional authority \nCongress finds that it has the authority to require that States allow access to designated Congressional election observers to observe the election administration procedures in an election for Federal office because the authority granted to Congress under article I, section 5 of the Constitution of the United States gives each House of Congress the power to be the judge of the elections, returns and qualifications of its own Members. (b) Requiring States To provide access \nA State shall provide each individual who is a designated Congressional election observer for an election with full access to clearly observe all of the elements of the administration procedures with respect to such election, including but not limited to in all areas of polling places and other facilities where ballots in the election are processed, tabulated, cast, canvassed, and certified, in all areas where voter registration activities occur before such election, and in any other such place where election administration procedures to prepare for the election or carry out any post-election recounts take place. No designated Congressional election observer may handle ballots, elections equipment (voting or non-voting), advocate for a position or candidate, take any action to reduce ballot secrecy or otherwise violate the privacy of a voter, or otherwise interfere with the elections administration process. (c) Designated Congressional election observer described \nIn this section, a designated Congressional election observer is an individual who is designated in writing by the chair or ranking minority member of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, or the successor committee in either House of Congress to gather information with respect to an election, including in the event that the election is contested in the House of Representatives or the Senate and for other purposes permitted by article 1, section 5 of the Constitution of the United States.. (d) Conforming amendment relating to enforcement \nSection 401 of such Act ( 52 U.S.C. 21111 ), as amended by section 125(c), is amended by striking and 304 and inserting 304, and 305. (e) Clerical amendment \nThe table of contents of such Act, as amended by section 125(d), is amended— (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; and (2) by inserting after the item relating to section 304 the following: Sec. 305. Confirming access for Congressional election observers..", "id": "H761E8BDEE4BA49CAA8C30AC72F642527", "header": "Confirming access for Congressional election observers", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Confirmation of Congressional Observer Access Act of 2023 or the COCOA Act of 2023.", "id": "HA9298275DA1E409782D8973981138C3A", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings relating to Congressional election observers \nCongress finds the following: (1) The Constitution delegates to each of House of the Congress the authority to “be the Judge of the Elections, Returns and Qualifications of its own Members”. (2) While, in general, Congress shall respect the determination of State authorities with respect to the election of members to each House, each House of Congress serves as the final arbiter over any contest to the seating of any putative Member-elect or Senator-elect. (3) These election contest procedures are contained in the precedents of each House of Congress. Further, for the House of Representatives the procedures exist under the Federal Contested Elections Act. (4) In the post-Civil War modern era, more than 100 election contests have been filed with the House of Representatives. (5) For decades, Congress has appointed and sent out official congressional observers to watch the administration of congressional elections in the States and territories. (6) These observers serve to permit Congress to develop its own factual record in preparation for eventual contests and for other reasons. (7) This section and the amendments made by this section do not establish any new authorities or procedures but are provided simply to permit a convenient statutory reference for existing Congressional authority and activity.", "id": "H10A9E90C239D41A4949AAD0178C2CAB4", "header": "Findings relating to Congressional election observers", "nested": [], "links": [] }, { "text": "(c) Confirming requirement that States provide access \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 125(a), is amended— (1) by redesignating sections 305 and 306 as sections 306 and 307; and (2) by inserting after section 304 the following new section: 305. Confirming access for Congressional election observers \n(a) Finding of Constitutional authority \nCongress finds that it has the authority to require that States allow access to designated Congressional election observers to observe the election administration procedures in an election for Federal office because the authority granted to Congress under article I, section 5 of the Constitution of the United States gives each House of Congress the power to be the judge of the elections, returns and qualifications of its own Members. (b) Requiring States To provide access \nA State shall provide each individual who is a designated Congressional election observer for an election with full access to clearly observe all of the elements of the administration procedures with respect to such election, including but not limited to in all areas of polling places and other facilities where ballots in the election are processed, tabulated, cast, canvassed, and certified, in all areas where voter registration activities occur before such election, and in any other such place where election administration procedures to prepare for the election or carry out any post-election recounts take place. No designated Congressional election observer may handle ballots, elections equipment (voting or non-voting), advocate for a position or candidate, take any action to reduce ballot secrecy or otherwise violate the privacy of a voter, or otherwise interfere with the elections administration process. (c) Designated Congressional election observer described \nIn this section, a designated Congressional election observer is an individual who is designated in writing by the chair or ranking minority member of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, or the successor committee in either House of Congress to gather information with respect to an election, including in the event that the election is contested in the House of Representatives or the Senate and for other purposes permitted by article 1, section 5 of the Constitution of the United States..", "id": "HD33949740E574CB28A8B99970B992A4E", "header": "Confirming requirement that States provide access", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(d) Conforming amendment relating to enforcement \nSection 401 of such Act ( 52 U.S.C. 21111 ), as amended by section 125(c), is amended by striking and 304 and inserting 304, and 305.", "id": "H29D28B3A208C4FD498337C707D04FBF8", "header": "Conforming amendment relating to enforcement", "nested": [], "links": [ { "text": "52 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/52/21111" } ] }, { "text": "(e) Clerical amendment \nThe table of contents of such Act, as amended by section 125(d), is amended— (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; and (2) by inserting after the item relating to section 304 the following: Sec. 305. Confirming access for Congressional election observers..", "id": "H03A5EB483C474936AE73F238D8FC3C0A", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/52/21111" } ] }, { "text": "305. Confirming access for Congressional election observers \n(a) Finding of Constitutional authority \nCongress finds that it has the authority to require that States allow access to designated Congressional election observers to observe the election administration procedures in an election for Federal office because the authority granted to Congress under article I, section 5 of the Constitution of the United States gives each House of Congress the power to be the judge of the elections, returns and qualifications of its own Members. (b) Requiring States To provide access \nA State shall provide each individual who is a designated Congressional election observer for an election with full access to clearly observe all of the elements of the administration procedures with respect to such election, including but not limited to in all areas of polling places and other facilities where ballots in the election are processed, tabulated, cast, canvassed, and certified, in all areas where voter registration activities occur before such election, and in any other such place where election administration procedures to prepare for the election or carry out any post-election recounts take place. No designated Congressional election observer may handle ballots, elections equipment (voting or non-voting), advocate for a position or candidate, take any action to reduce ballot secrecy or otherwise violate the privacy of a voter, or otherwise interfere with the elections administration process. (c) Designated Congressional election observer described \nIn this section, a designated Congressional election observer is an individual who is designated in writing by the chair or ranking minority member of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, or the successor committee in either House of Congress to gather information with respect to an election, including in the event that the election is contested in the House of Representatives or the Senate and for other purposes permitted by article 1, section 5 of the Constitution of the United States.", "id": "HBEE7FB69E37A4B2E9BC49990797801B5", "header": "Confirming access for Congressional election observers", "nested": [ { "text": "(a) Finding of Constitutional authority \nCongress finds that it has the authority to require that States allow access to designated Congressional election observers to observe the election administration procedures in an election for Federal office because the authority granted to Congress under article I, section 5 of the Constitution of the United States gives each House of Congress the power to be the judge of the elections, returns and qualifications of its own Members.", "id": "HE3A0AA90BEDF482AA4C27CD4FE1CD3DD", "header": "Finding of Constitutional authority", "nested": [], "links": [] }, { "text": "(b) Requiring States To provide access \nA State shall provide each individual who is a designated Congressional election observer for an election with full access to clearly observe all of the elements of the administration procedures with respect to such election, including but not limited to in all areas of polling places and other facilities where ballots in the election are processed, tabulated, cast, canvassed, and certified, in all areas where voter registration activities occur before such election, and in any other such place where election administration procedures to prepare for the election or carry out any post-election recounts take place. No designated Congressional election observer may handle ballots, elections equipment (voting or non-voting), advocate for a position or candidate, take any action to reduce ballot secrecy or otherwise violate the privacy of a voter, or otherwise interfere with the elections administration process.", "id": "HFA9D1779C6C142A9BFC7D851290A82EC", "header": "Requiring States To provide access", "nested": [], "links": [] }, { "text": "(c) Designated Congressional election observer described \nIn this section, a designated Congressional election observer is an individual who is designated in writing by the chair or ranking minority member of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, or the successor committee in either House of Congress to gather information with respect to an election, including in the event that the election is contested in the House of Representatives or the Senate and for other purposes permitted by article 1, section 5 of the Constitution of the United States.", "id": "H3ABFFC3878424E0D858681EF89220AF0", "header": "Designated Congressional election observer described", "nested": [], "links": [] } ], "links": [] }, { "text": "127. Use of requirements payments for post-election audits \n(a) Permitting use of payments for audits \nSection 251(b)(1) of the Help America Vote Act of 2002 ( 52 U.S.C. 21001(b)(1) ) is amended by inserting , including to conduct and publish an audit of the effectiveness and accuracy of the voting systems, nonvoting election technology (as defined in section 298C), election procedures, and outcomes used to carry out an election for Federal office in the State and the performance of the State and local election officials who carried out the election, but only if the audit meets the requirements of paragraph (4) after requirements of title III. (b) Requirements for audits \nSection 251(b) of such Act ( 52 U.S.C. 21001(b) ) is amended by adding at the end the following new paragraph: (4) Requirements for audits conducted with requirements payments \nAn audit described in paragraph (1) meets the requirements of this paragraph if— (A) no individual who participates in conducting the audit is an employee or contractor of an office of the State or local government which is responsible for the administration of elections for Federal office or of a subsidiary or affiliate of such an office; or (B) the audit includes an examination of compliance with established processes for voter registration, voter check-in, voting, tabulation, canvassing, post-election proceedings (such as recounts and recanvasses), and reporting of results.. (c) Sense of Congress regarding timing of audits \nIt is the sense of Congress that post-election audits of the effectiveness and accuracy of the voting systems, election procedures, and outcomes used to carry out an election for Federal office in a State and the performance of the State and local election officials who carried out the election are most effective when the audits are completed before the expiration of the period during which persons are authorized under State law to challenge the results of the election.", "id": "HFBDBBEE790E7440B91D0A5371A7E6A84", "header": "Use of requirements payments for post-election audits", "nested": [ { "text": "(a) Permitting use of payments for audits \nSection 251(b)(1) of the Help America Vote Act of 2002 ( 52 U.S.C. 21001(b)(1) ) is amended by inserting , including to conduct and publish an audit of the effectiveness and accuracy of the voting systems, nonvoting election technology (as defined in section 298C), election procedures, and outcomes used to carry out an election for Federal office in the State and the performance of the State and local election officials who carried out the election, but only if the audit meets the requirements of paragraph (4) after requirements of title III.", "id": "H6ABF1D172E5F4C1B8F2D34CC4D8CC68D", "header": "Permitting use of payments for audits", "nested": [], "links": [ { "text": "52 U.S.C. 21001(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/21001" } ] }, { "text": "(b) Requirements for audits \nSection 251(b) of such Act ( 52 U.S.C. 21001(b) ) is amended by adding at the end the following new paragraph: (4) Requirements for audits conducted with requirements payments \nAn audit described in paragraph (1) meets the requirements of this paragraph if— (A) no individual who participates in conducting the audit is an employee or contractor of an office of the State or local government which is responsible for the administration of elections for Federal office or of a subsidiary or affiliate of such an office; or (B) the audit includes an examination of compliance with established processes for voter registration, voter check-in, voting, tabulation, canvassing, post-election proceedings (such as recounts and recanvasses), and reporting of results..", "id": "HE40FDFFF3E504F0090D40C6A2BED4082", "header": "Requirements for audits", "nested": [], "links": [ { "text": "52 U.S.C. 21001(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21001" } ] }, { "text": "(c) Sense of Congress regarding timing of audits \nIt is the sense of Congress that post-election audits of the effectiveness and accuracy of the voting systems, election procedures, and outcomes used to carry out an election for Federal office in a State and the performance of the State and local election officials who carried out the election are most effective when the audits are completed before the expiration of the period during which persons are authorized under State law to challenge the results of the election.", "id": "H92B25ECD1D234435A8A002C217869B49", "header": "Sense of Congress regarding timing of audits", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21001(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/21001" }, { "text": "52 U.S.C. 21001(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21001" } ] }, { "text": "128. Increase in threshold for requiring information reporting with respect to certain payees \n(a) In general \nSections 6041(a) of the Internal Revenue Code of 1986 is amended by striking $600 and inserting $5,000. (b) Inflation adjustment \nSection 6041 of such Code is amended by adding at the end the following new subsection: (h) Inflation adjustment \nIn the case of any calendar year after 2024, the dollar amount in subsection (a) shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2023 for calendar year 2016 in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.. (c) Application to reporting on remuneration for services and direct sales \nSection 6041A of such Code is amended— (1) in subsection (a)(2), by striking is $600 or more and inserting equals or exceeds the dollar amount in effect for such calendar year under section 6041(a) , and (2) in subsection (b)(1)(B), by striking is $5,000 or more and inserting equals or exceeds the dollar amount in effect for such calendar year under section 6041(a). (d) Application to backup withholding \nSection 3406(b)(6) of such Code is amended— (1) by striking $600 in subparagraph (A) and inserting the dollar amount in effect for such calendar year under section 6041(a) , and (2) by striking only where aggregate for calendar year is $600 or more in the heading and inserting only if in excess of threshold. (e) Conforming amendments \n(1) The heading of section 6041(a) of such Code is amended by striking of $600 or more and inserting exceeding threshold. (2) Section 6041(a) of such Code is amended by striking taxable year and inserting calendar year. (f) Effective date \nThe amendments made by this section shall apply with respect to payments made after December 31, 2023.", "id": "HB00FF093B53541B1BE1E2700AFB5B36B", "header": "Increase in threshold for requiring information reporting with respect to certain payees", "nested": [ { "text": "(a) In general \nSections 6041(a) of the Internal Revenue Code of 1986 is amended by striking $600 and inserting $5,000.", "id": "H647CA91CECA44BFB85F2E272011BAF2D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Inflation adjustment \nSection 6041 of such Code is amended by adding at the end the following new subsection: (h) Inflation adjustment \nIn the case of any calendar year after 2024, the dollar amount in subsection (a) shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2023 for calendar year 2016 in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100..", "id": "HD4C180B567A144FA8A5D7B13830479F1", "header": "Inflation adjustment", "nested": [], "links": [] }, { "text": "(c) Application to reporting on remuneration for services and direct sales \nSection 6041A of such Code is amended— (1) in subsection (a)(2), by striking is $600 or more and inserting equals or exceeds the dollar amount in effect for such calendar year under section 6041(a) , and (2) in subsection (b)(1)(B), by striking is $5,000 or more and inserting equals or exceeds the dollar amount in effect for such calendar year under section 6041(a).", "id": "HF7FB89B5F1014B0290B4B89859B94999", "header": "Application to reporting on remuneration for services and direct sales", "nested": [], "links": [] }, { "text": "(d) Application to backup withholding \nSection 3406(b)(6) of such Code is amended— (1) by striking $600 in subparagraph (A) and inserting the dollar amount in effect for such calendar year under section 6041(a) , and (2) by striking only where aggregate for calendar year is $600 or more in the heading and inserting only if in excess of threshold.", "id": "H1AA78DEA61984332BF688FBD5A03B8DB", "header": "Application to backup withholding", "nested": [], "links": [] }, { "text": "(e) Conforming amendments \n(1) The heading of section 6041(a) of such Code is amended by striking of $600 or more and inserting exceeding threshold. (2) Section 6041(a) of such Code is amended by striking taxable year and inserting calendar year.", "id": "HE20406DE5FDC4480B1C49EF274463BF9", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(f) Effective date \nThe amendments made by this section shall apply with respect to payments made after December 31, 2023.", "id": "H5332305ABAF8402894D74840D33C6A76", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "129. Voluntary guidelines with respect to nonvoting election technology \n(a) Short title \nThis section may be cited as the Protect American Voters Act. (b) Adoption of voluntary guidelines by Election Assistance Commission \n(1) Adoption of guidelines \nTitle II of the Help America Vote Act of 2002 ( 52 U.S.C. 20921 et seq. ) is amended by adding at the end the following new subtitle: E Voluntary Guidelines for Use of Nonvoting Election Technology \n298. Adoption of voluntary guidelines by Commission \n(a) Adoption \nThe Commission shall adopt voluntary guidelines for election officials on the use of nonvoting election technology, taking into account the recommendations of the Standards Board and the Local Leadership Council of the Commission under section 298A. (b) Review \nThe Commission shall review the guidelines adopted under this subtitle not less frequently than once every 4 years, and may adopt revisions to the guidelines as it considers appropriate. (c) Process for adoption \nThe adoption of the voluntary guidelines under this subtitle shall be carried out by the Commission in a manner that provides for each of the following: (1) Publication of notice of the proposed guidelines in the Federal Register. (2) An opportunity for public comment on the proposed guidelines. (3) An opportunity for a public hearing on the record. (4) Publication of the final recommendations in the Federal Register. (d) Deadline for initial set of guidelines \nThe Commission shall adopt the initial set of voluntary guidelines under this section not later than December 31, 2025. 298A. Role of Standards Board and Local Leadership Council \n(a) Duties \nThe Standards Board and the Local Leadership Council of the Commission shall assist the Commission in the adoption of voluntary guidelines under section 298, including by providing the Commission with recommendations on appropriate standards for the use of nonvoting election technology, including standards to ensure the security and accuracy, and promote the usability, of such technology, and by conducting a review of existing State programs with respect to the testing of nonvoting election technology. (b) Sources of assistance \n(1) Certain members of Technical Guidelines Development Committee \nThe following members of the Technical Guidelines Development Committee under section 221 shall assist the Standards Board and the Local Leadership Council in carrying out their duties under this section: (A) The Director of the National Institute of Standards and Technology. (B) The representative of the American National Standards Institute. (C) The representative of the Institute of Electrical and Electronics Engineers. (D) The 4 members of the Technical Guidelines Development Committee appointed under subsection (c)(1)(E) of such section as the other individuals with technical and scientific expertise relating to voting systems and voting equipment. (2) Detailee from CISA \nThe Executive Board of the Standards Board may request the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to provide a detailee to assist the Standards Board in carrying out its duties under this section, so long as such detailee has no involvement in the drafting of any of the voluntary guidelines. 298B. Use of payments to obtain or upgrade technology \nA State may use funds provided under any law for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, to obtain nonvoting election technology which is in compliance with the voluntary guidelines adopted under section 298 or to upgrade nonvoting election technology so that the technology is in compliance with such guidelines, and may, notwithstanding any other provision of law, use any unobligated grant funding provided to the State by the Election Assistance Commission from amounts appropriated under the heading Independent Agencies—Election Assistance Commission—Election Security Grants in title V of division C of the Consolidated Appropriations Act, 2020 ( Public Law 116–93 ) for the purposes of enhancing election technology and making election security improvements until December 31, 2024. 298C. Nonvoting election technology defined \nIn this subtitle, the term nonvoting election technology means technology used in the administration of elections for Federal office which is not used directly in the casting, counting, tabulating, or collecting of ballots or votes, including each of the following: (1) Electronic pollbooks or other systems used to check in voters at a polling place or verify a voter’s identification. (2) Election result reporting systems. (3) Electronic ballot delivery systems. (4) Online voter registration systems. (5) Polling place location search systems. (6) Sample ballot portals. (7) Signature systems. (8) Such other technology as may be recommended for treatment as nonvoting election technology as the Standards Board may recommend.. (2) Clerical amendment \nThe table of contents of such Act is amended by adding at the end of the items relating to title II the following: Subtitle E—Voluntary Guidelines for Use of Nonvoting Election Technology Sec. 298. Adoption of voluntary guidelines by Commission. Sec. 298A. Role of Standards Board and Local Leadership Council. Sec. 298B. Use of payments to obtain or upgrade technology. Sec. 298C. Nonvoting election technology defined.. (c) Treatment of technology used in most recent election \nAny nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002 (as added by subsection (a)(1)), which a State used in the most recent election for Federal office held in the State prior to the date of the enactment of this Act shall be deemed to be in compliance with the voluntary guidelines on the use of such technology which are adopted by the Election Assistance Commission under section 298 of such Act (as added by subsection (a)(1)).", "id": "H5B872B1A88C04EB4AF65588E1D753E62", "header": "Voluntary guidelines with respect to nonvoting election technology", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Protect American Voters Act.", "id": "H3415047C201142A7A1B87906185386C0", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Adoption of voluntary guidelines by Election Assistance Commission \n(1) Adoption of guidelines \nTitle II of the Help America Vote Act of 2002 ( 52 U.S.C. 20921 et seq. ) is amended by adding at the end the following new subtitle: E Voluntary Guidelines for Use of Nonvoting Election Technology \n298. Adoption of voluntary guidelines by Commission \n(a) Adoption \nThe Commission shall adopt voluntary guidelines for election officials on the use of nonvoting election technology, taking into account the recommendations of the Standards Board and the Local Leadership Council of the Commission under section 298A. (b) Review \nThe Commission shall review the guidelines adopted under this subtitle not less frequently than once every 4 years, and may adopt revisions to the guidelines as it considers appropriate. (c) Process for adoption \nThe adoption of the voluntary guidelines under this subtitle shall be carried out by the Commission in a manner that provides for each of the following: (1) Publication of notice of the proposed guidelines in the Federal Register. (2) An opportunity for public comment on the proposed guidelines. (3) An opportunity for a public hearing on the record. (4) Publication of the final recommendations in the Federal Register. (d) Deadline for initial set of guidelines \nThe Commission shall adopt the initial set of voluntary guidelines under this section not later than December 31, 2025. 298A. Role of Standards Board and Local Leadership Council \n(a) Duties \nThe Standards Board and the Local Leadership Council of the Commission shall assist the Commission in the adoption of voluntary guidelines under section 298, including by providing the Commission with recommendations on appropriate standards for the use of nonvoting election technology, including standards to ensure the security and accuracy, and promote the usability, of such technology, and by conducting a review of existing State programs with respect to the testing of nonvoting election technology. (b) Sources of assistance \n(1) Certain members of Technical Guidelines Development Committee \nThe following members of the Technical Guidelines Development Committee under section 221 shall assist the Standards Board and the Local Leadership Council in carrying out their duties under this section: (A) The Director of the National Institute of Standards and Technology. (B) The representative of the American National Standards Institute. (C) The representative of the Institute of Electrical and Electronics Engineers. (D) The 4 members of the Technical Guidelines Development Committee appointed under subsection (c)(1)(E) of such section as the other individuals with technical and scientific expertise relating to voting systems and voting equipment. (2) Detailee from CISA \nThe Executive Board of the Standards Board may request the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to provide a detailee to assist the Standards Board in carrying out its duties under this section, so long as such detailee has no involvement in the drafting of any of the voluntary guidelines. 298B. Use of payments to obtain or upgrade technology \nA State may use funds provided under any law for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, to obtain nonvoting election technology which is in compliance with the voluntary guidelines adopted under section 298 or to upgrade nonvoting election technology so that the technology is in compliance with such guidelines, and may, notwithstanding any other provision of law, use any unobligated grant funding provided to the State by the Election Assistance Commission from amounts appropriated under the heading Independent Agencies—Election Assistance Commission—Election Security Grants in title V of division C of the Consolidated Appropriations Act, 2020 ( Public Law 116–93 ) for the purposes of enhancing election technology and making election security improvements until December 31, 2024. 298C. Nonvoting election technology defined \nIn this subtitle, the term nonvoting election technology means technology used in the administration of elections for Federal office which is not used directly in the casting, counting, tabulating, or collecting of ballots or votes, including each of the following: (1) Electronic pollbooks or other systems used to check in voters at a polling place or verify a voter’s identification. (2) Election result reporting systems. (3) Electronic ballot delivery systems. (4) Online voter registration systems. (5) Polling place location search systems. (6) Sample ballot portals. (7) Signature systems. (8) Such other technology as may be recommended for treatment as nonvoting election technology as the Standards Board may recommend.. (2) Clerical amendment \nThe table of contents of such Act is amended by adding at the end of the items relating to title II the following: Subtitle E—Voluntary Guidelines for Use of Nonvoting Election Technology Sec. 298. Adoption of voluntary guidelines by Commission. Sec. 298A. Role of Standards Board and Local Leadership Council. Sec. 298B. Use of payments to obtain or upgrade technology. Sec. 298C. Nonvoting election technology defined..", "id": "H519BB11B0476400D97200ED12DCC3E81", "header": "Adoption of voluntary guidelines by Election Assistance Commission", "nested": [], "links": [ { "text": "52 U.S.C. 20921 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20921" }, { "text": "Public Law 116–93", "legal-doc": "public-law", "parsable-cite": "pl/116/93" } ] }, { "text": "(c) Treatment of technology used in most recent election \nAny nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002 (as added by subsection (a)(1)), which a State used in the most recent election for Federal office held in the State prior to the date of the enactment of this Act shall be deemed to be in compliance with the voluntary guidelines on the use of such technology which are adopted by the Election Assistance Commission under section 298 of such Act (as added by subsection (a)(1)).", "id": "HF63CCDDC21854D0DAC2CF805D94C9E84", "header": "Treatment of technology used in most recent election", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20921 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20921" }, { "text": "Public Law 116–93", "legal-doc": "public-law", "parsable-cite": "pl/116/93" } ] }, { "text": "298. Adoption of voluntary guidelines by Commission \n(a) Adoption \nThe Commission shall adopt voluntary guidelines for election officials on the use of nonvoting election technology, taking into account the recommendations of the Standards Board and the Local Leadership Council of the Commission under section 298A. (b) Review \nThe Commission shall review the guidelines adopted under this subtitle not less frequently than once every 4 years, and may adopt revisions to the guidelines as it considers appropriate. (c) Process for adoption \nThe adoption of the voluntary guidelines under this subtitle shall be carried out by the Commission in a manner that provides for each of the following: (1) Publication of notice of the proposed guidelines in the Federal Register. (2) An opportunity for public comment on the proposed guidelines. (3) An opportunity for a public hearing on the record. (4) Publication of the final recommendations in the Federal Register. (d) Deadline for initial set of guidelines \nThe Commission shall adopt the initial set of voluntary guidelines under this section not later than December 31, 2025.", "id": "HD5C6DC5C72BC45F987EB014ABECE00E4", "header": "Adoption of voluntary guidelines by Commission", "nested": [ { "text": "(a) Adoption \nThe Commission shall adopt voluntary guidelines for election officials on the use of nonvoting election technology, taking into account the recommendations of the Standards Board and the Local Leadership Council of the Commission under section 298A.", "id": "H6C72E38B5DFA4B4385FD9F3090F62697", "header": "Adoption", "nested": [], "links": [] }, { "text": "(b) Review \nThe Commission shall review the guidelines adopted under this subtitle not less frequently than once every 4 years, and may adopt revisions to the guidelines as it considers appropriate.", "id": "H391C98F9100D4666ABB3D6C823E87CC1", "header": "Review", "nested": [], "links": [] }, { "text": "(c) Process for adoption \nThe adoption of the voluntary guidelines under this subtitle shall be carried out by the Commission in a manner that provides for each of the following: (1) Publication of notice of the proposed guidelines in the Federal Register. (2) An opportunity for public comment on the proposed guidelines. (3) An opportunity for a public hearing on the record. (4) Publication of the final recommendations in the Federal Register.", "id": "HF9DC3945DE80439286DCD4B2373307CA", "header": "Process for adoption", "nested": [], "links": [] }, { "text": "(d) Deadline for initial set of guidelines \nThe Commission shall adopt the initial set of voluntary guidelines under this section not later than December 31, 2025.", "id": "HACCB35F793994D00AF99176CE0450FC7", "header": "Deadline for initial set of guidelines", "nested": [], "links": [] } ], "links": [] }, { "text": "298A. Role of Standards Board and Local Leadership Council \n(a) Duties \nThe Standards Board and the Local Leadership Council of the Commission shall assist the Commission in the adoption of voluntary guidelines under section 298, including by providing the Commission with recommendations on appropriate standards for the use of nonvoting election technology, including standards to ensure the security and accuracy, and promote the usability, of such technology, and by conducting a review of existing State programs with respect to the testing of nonvoting election technology. (b) Sources of assistance \n(1) Certain members of Technical Guidelines Development Committee \nThe following members of the Technical Guidelines Development Committee under section 221 shall assist the Standards Board and the Local Leadership Council in carrying out their duties under this section: (A) The Director of the National Institute of Standards and Technology. (B) The representative of the American National Standards Institute. (C) The representative of the Institute of Electrical and Electronics Engineers. (D) The 4 members of the Technical Guidelines Development Committee appointed under subsection (c)(1)(E) of such section as the other individuals with technical and scientific expertise relating to voting systems and voting equipment. (2) Detailee from CISA \nThe Executive Board of the Standards Board may request the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to provide a detailee to assist the Standards Board in carrying out its duties under this section, so long as such detailee has no involvement in the drafting of any of the voluntary guidelines.", "id": "HE2CFF1F75DBE4EE587CF31BBCE00BD93", "header": "Role of Standards Board and Local Leadership Council", "nested": [ { "text": "(a) Duties \nThe Standards Board and the Local Leadership Council of the Commission shall assist the Commission in the adoption of voluntary guidelines under section 298, including by providing the Commission with recommendations on appropriate standards for the use of nonvoting election technology, including standards to ensure the security and accuracy, and promote the usability, of such technology, and by conducting a review of existing State programs with respect to the testing of nonvoting election technology.", "id": "H7DF37B45996F442C92735EE089E91D5F", "header": "Duties", "nested": [], "links": [] }, { "text": "(b) Sources of assistance \n(1) Certain members of Technical Guidelines Development Committee \nThe following members of the Technical Guidelines Development Committee under section 221 shall assist the Standards Board and the Local Leadership Council in carrying out their duties under this section: (A) The Director of the National Institute of Standards and Technology. (B) The representative of the American National Standards Institute. (C) The representative of the Institute of Electrical and Electronics Engineers. (D) The 4 members of the Technical Guidelines Development Committee appointed under subsection (c)(1)(E) of such section as the other individuals with technical and scientific expertise relating to voting systems and voting equipment. (2) Detailee from CISA \nThe Executive Board of the Standards Board may request the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to provide a detailee to assist the Standards Board in carrying out its duties under this section, so long as such detailee has no involvement in the drafting of any of the voluntary guidelines.", "id": "H3977952378604B8484D43C449BF95B9B", "header": "Sources of assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "298B. Use of payments to obtain or upgrade technology \nA State may use funds provided under any law for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, to obtain nonvoting election technology which is in compliance with the voluntary guidelines adopted under section 298 or to upgrade nonvoting election technology so that the technology is in compliance with such guidelines, and may, notwithstanding any other provision of law, use any unobligated grant funding provided to the State by the Election Assistance Commission from amounts appropriated under the heading Independent Agencies—Election Assistance Commission—Election Security Grants in title V of division C of the Consolidated Appropriations Act, 2020 ( Public Law 116–93 ) for the purposes of enhancing election technology and making election security improvements until December 31, 2024.", "id": "HD7F10F3E051E4F2898BD41B972D6B052", "header": "Use of payments to obtain or upgrade technology", "nested": [], "links": [ { "text": "Public Law 116–93", "legal-doc": "public-law", "parsable-cite": "pl/116/93" } ] }, { "text": "298C. Nonvoting election technology defined \nIn this subtitle, the term nonvoting election technology means technology used in the administration of elections for Federal office which is not used directly in the casting, counting, tabulating, or collecting of ballots or votes, including each of the following: (1) Electronic pollbooks or other systems used to check in voters at a polling place or verify a voter’s identification. (2) Election result reporting systems. (3) Electronic ballot delivery systems. (4) Online voter registration systems. (5) Polling place location search systems. (6) Sample ballot portals. (7) Signature systems. (8) Such other technology as may be recommended for treatment as nonvoting election technology as the Standards Board may recommend.", "id": "H420A0B9F6E16498DBDF2AA453E8AF12C", "header": "Nonvoting election technology defined", "nested": [], "links": [] }, { "text": "130. Status reports by National Institute of Standards and Technology \nSection 231 of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 ) is amended by adding at the end the following new subsection: (e) Status reports by National Institute of Standards and Technology \nNot later than 60 days after the end of each fiscal year (beginning with 2025), the Director of the National Institute of Standards and Technology shall submit to Congress a status report describing— (1) the extent to which the Director carried out the Director’s responsibilities under this Act during the fiscal year, including the responsibilities imposed under this section and the responsibilities imposed with respect to the Technical Guidelines Development Committee under section 222, together with the Director’s best estimate of when the Director will completely carry out any responsibility which was not carried out completely during the fiscal year; and (2) the extent to which the Director carried out any projects requested by the Commission during the fiscal year, together with the Director’s best estimate of when the Director will complete any such project which the Director did not complete during the fiscal year..", "id": "H2FE7393351F34020B60C6A0B13F6E6F5", "header": "Status reports by National Institute of Standards and Technology", "nested": [], "links": [ { "text": "52 U.S.C. 20971", "legal-doc": "usc", "parsable-cite": "usc/52/20971" } ] }, { "text": "131. 501( c )(3) organizations prohibited from providing direct or indirect funding for election administration \n(a) Short title \nThis section may be cited as the End Zuckerbucks Act of 2023. (b) In general \nSection 501(c)(3) of the Internal Revenue Code of 1986 is amended— (1) by striking and which does not participate and inserting which does not participate , and (2) by striking the period at the end and inserting and which does not provide direct funding to any State or unit of local government for the purpose of the administration of elections for public office or any funding to any State or unit of local government in a case in which it is reasonable to expect such funding will be used for the purpose of the administration of elections for public office (except with respect to the donation of space to a State or unit of local government to be used as a polling place in an election for public office).. (c) Effective date \nThe amendments made by this section shall apply to funding provided in taxable years beginning after December 31, 2025.", "id": "H7F6C2C7B7C584D8AB178BF9870CEC974", "header": "501(c)(3) organizations prohibited from providing direct or indirect funding for election administration", "nested": [ { "text": "(a) Short title \nThis section may be cited as the End Zuckerbucks Act of 2023.", "id": "H2873AE121FC44084B69FA3791BC983DA", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) In general \nSection 501(c)(3) of the Internal Revenue Code of 1986 is amended— (1) by striking and which does not participate and inserting which does not participate , and (2) by striking the period at the end and inserting and which does not provide direct funding to any State or unit of local government for the purpose of the administration of elections for public office or any funding to any State or unit of local government in a case in which it is reasonable to expect such funding will be used for the purpose of the administration of elections for public office (except with respect to the donation of space to a State or unit of local government to be used as a polling place in an election for public office)..", "id": "H79335AAE142E4C82BADD4F806198345F", "header": "In general", "nested": [], "links": [ { "text": "Section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to funding provided in taxable years beginning after December 31, 2025.", "id": "H4A12A7ABA6B642B8A0A81FBBBB2E6F32", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "132. Federal agency involvement in voter registration activities \n(a) Short title \nThis section may be cited as the Promoting Free and Fair Elections Act of 2023. (b) Clarification of Federal agency involvement in voter registration activities \nExecutive Order 14019 (86 Fed. Reg. 13623; relating to promoting access to voting) shall have no force or effect, and any contract or arrangement entered into by an agency to carry out activities pursuant to sections 3 and 4 of such Executive Order shall be abrogated. (c) Agreements with nongovernmental organizations \nNone of the funds made available for the salaries and expenses of an agency may be used to solicit or enter into an agreement with a nongovernmental organization to conduct voter registration or voter mobilization activities, including registering voters or providing any person with voter registration materials, absentee or vote-by-mail ballot applications, voting instructions, or candidate-related information, on the property or website of the agency. (d) Report on prior voter registration and mobilization activities \nNot later than 30 days after the date of enactment of this Act, the head of each agency shall submit to the appropriate congressional committees a report describing the activities carried out by the agency pursuant to sections 3 and 4 of Executive Order 14019 (86 Fed. Reg. 13623). (e) Prohibiting voter registration and mobilization in Federal work-Study programs \nSection 443(b)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53(b)(1) ) is amended— (1) in subparagraph (C), by striking and ; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: (D) does not involve registering or mobilizing voters on or off the campus of the institution; and. (f) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning given the term in section 3502(1) of title 44, United States Code. (2) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Rules and Administration of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on House Administration of the House of Representatives; and (D) the Committee on the Judiciary of the House of Representatives.", "id": "H05FFC93F032948F09B4E39C75DDC376E", "header": "Federal agency involvement in voter registration activities", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Promoting Free and Fair Elections Act of 2023.", "id": "HD43BD9683A6442BC915D9B609E686C4A", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Clarification of Federal agency involvement in voter registration activities \nExecutive Order 14019 (86 Fed. Reg. 13623; relating to promoting access to voting) shall have no force or effect, and any contract or arrangement entered into by an agency to carry out activities pursuant to sections 3 and 4 of such Executive Order shall be abrogated.", "id": "H7DAE0AE631A54375B51485F3C13A1520", "header": "Clarification of Federal agency involvement in voter registration activities", "nested": [], "links": [] }, { "text": "(c) Agreements with nongovernmental organizations \nNone of the funds made available for the salaries and expenses of an agency may be used to solicit or enter into an agreement with a nongovernmental organization to conduct voter registration or voter mobilization activities, including registering voters or providing any person with voter registration materials, absentee or vote-by-mail ballot applications, voting instructions, or candidate-related information, on the property or website of the agency.", "id": "H65004836C780453CAE661BA33B985C0D", "header": "Agreements with nongovernmental organizations", "nested": [], "links": [] }, { "text": "(d) Report on prior voter registration and mobilization activities \nNot later than 30 days after the date of enactment of this Act, the head of each agency shall submit to the appropriate congressional committees a report describing the activities carried out by the agency pursuant to sections 3 and 4 of Executive Order 14019 (86 Fed. Reg. 13623).", "id": "HB982CC9A14B3475E9CAF371F8C1D9CFA", "header": "Report on prior voter registration and mobilization activities", "nested": [], "links": [] }, { "text": "(e) Prohibiting voter registration and mobilization in Federal work-Study programs \nSection 443(b)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53(b)(1) ) is amended— (1) in subparagraph (C), by striking and ; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: (D) does not involve registering or mobilizing voters on or off the campus of the institution; and.", "id": "H69F74C39E34D46CA80623C19DAF166CB", "header": "Prohibiting voter registration and mobilization in Federal work-Study programs", "nested": [], "links": [ { "text": "20 U.S.C. 1087–53(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-53" } ] }, { "text": "(f) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning given the term in section 3502(1) of title 44, United States Code. (2) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Rules and Administration of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on House Administration of the House of Representatives; and (D) the Committee on the Judiciary of the House of Representatives.", "id": "HCF21CD6CAE2E41AC88857EB4BDD03754", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1087–53(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-53" } ] }, { "text": "133. Prohibition on use of Federal funds for election administration in States that permit ballot harvesting \n(a) Short title \nThis section may be cited as the No Federal Funds for Ballot Harvesting Act. (b) Findings \nCongress finds that— (1) the right to vote is a fundamental right of citizens of the United States, as described by the Constitution of the United States; (2) the Committee on House Administration of the House of Representatives, which is charged with investigating election irregularities, received reports through its official Election Observer Program for the 2018 general election and the 2020 general election, as well as from other stakeholders, that individuals other than voters themselves were depositing large amounts of absentee ballots at polling places throughout California and other States, a practice colloquially known as “ballot harvesting”; (3) the practice of ballot harvesting creates significant vulnerabilities in the chain-of-custody of ballots because individuals collecting ballots are not required to be registered voters and are not required to identify themselves at a voter’s home, and the State does not track how many ballots are harvested in an election; (4) in North Carolina, a congressional election was invalidated due to fraud associated with ballot harvesting committed by a political operative, and it is unlikely such activity would have been detected were it not for the prohibition against ballot harvesting in the State; (5) ballot harvesting invites electioneering activity at home and weakens States’ long-standing voter protection procedures, which remain in place at polling locations, creating the possibility of undue influence over voters by political operatives and other bad actors; and (6) the Supreme Court of the United States has affirmed State authority to restrict ballot harvesting (Brnovich v. Democratic National Committee, 141 S. Ct. 2321 (2021)). (c) Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties \n(1) In general \nThe Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ) is amended by adding at the end the following new section: 908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties \n(a) In general \nNotwithstanding any other provision of law, no Federal funds may be used to administer any election for Federal office in a State unless the State has in effect a law that prohibits an individual from the knowing collection and transmission of a ballot in an election for Federal office that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (b) Definitions \nFor purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home. (2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship. (3) The term household member means an individual who resides at the same residence as such person.. (2) Clerical amendment \nThe table of contents of such Act is amended by adding at the end the following new item: Sec. 908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties..", "id": "H2CFD0666F693465D8D91D192CF8AEEE3", "header": "Prohibition on use of Federal funds for election administration in States that permit ballot harvesting", "nested": [ { "text": "(a) Short title \nThis section may be cited as the No Federal Funds for Ballot Harvesting Act.", "id": "H04D7FD2E68024A558F569111155D2766", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings \nCongress finds that— (1) the right to vote is a fundamental right of citizens of the United States, as described by the Constitution of the United States; (2) the Committee on House Administration of the House of Representatives, which is charged with investigating election irregularities, received reports through its official Election Observer Program for the 2018 general election and the 2020 general election, as well as from other stakeholders, that individuals other than voters themselves were depositing large amounts of absentee ballots at polling places throughout California and other States, a practice colloquially known as “ballot harvesting”; (3) the practice of ballot harvesting creates significant vulnerabilities in the chain-of-custody of ballots because individuals collecting ballots are not required to be registered voters and are not required to identify themselves at a voter’s home, and the State does not track how many ballots are harvested in an election; (4) in North Carolina, a congressional election was invalidated due to fraud associated with ballot harvesting committed by a political operative, and it is unlikely such activity would have been detected were it not for the prohibition against ballot harvesting in the State; (5) ballot harvesting invites electioneering activity at home and weakens States’ long-standing voter protection procedures, which remain in place at polling locations, creating the possibility of undue influence over voters by political operatives and other bad actors; and (6) the Supreme Court of the United States has affirmed State authority to restrict ballot harvesting (Brnovich v. Democratic National Committee, 141 S. Ct. 2321 (2021)).", "id": "H174BAA26E05F44B0B317B7ABD0850FD2", "header": "Findings", "nested": [], "links": [] }, { "text": "(c) Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties \n(1) In general \nThe Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ) is amended by adding at the end the following new section: 908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties \n(a) In general \nNotwithstanding any other provision of law, no Federal funds may be used to administer any election for Federal office in a State unless the State has in effect a law that prohibits an individual from the knowing collection and transmission of a ballot in an election for Federal office that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (b) Definitions \nFor purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home. (2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship. (3) The term household member means an individual who resides at the same residence as such person.. (2) Clerical amendment \nThe table of contents of such Act is amended by adding at the end the following new item: Sec. 908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties..", "id": "HF87AED43159448B498A9DA762B6387E9", "header": "Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties", "nested": [], "links": [ { "text": "52 U.S.C. 20901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20901" } ] } ], "links": [ { "text": "52 U.S.C. 20901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20901" } ] }, { "text": "908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties \n(a) In general \nNotwithstanding any other provision of law, no Federal funds may be used to administer any election for Federal office in a State unless the State has in effect a law that prohibits an individual from the knowing collection and transmission of a ballot in an election for Federal office that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (b) Definitions \nFor purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home. (2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship. (3) The term household member means an individual who resides at the same residence as such person.", "id": "HD72B1EBBB1224721B32BE145B37C0805", "header": "Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, no Federal funds may be used to administer any election for Federal office in a State unless the State has in effect a law that prohibits an individual from the knowing collection and transmission of a ballot in an election for Federal office that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed.", "id": "H0B0ABDF0276441C29186B84B8ECDE5B6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nFor purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home. (2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship. (3) The term household member means an individual who resides at the same residence as such person.", "id": "HED50987E728349378EA8D077DF31B08E", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "134. Clarification with respect to Federal election record-keeping requirement \nSection 301 of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 ) is amended— (1) by inserting including records and papers of envelopes used to deliver voted ballots by mail and scanned, electronically preserved records of envelopes used to deliver blank ballots or absentee ballot requests or used for any purpose other than delivering voted ballots, ballots, ballot images, chain of custody records, cast vote records, logic and accuracy test results and equipment certification, and other materials related to the Federal election that would be essential for conducting a post-election audit after requisite to voting in such election, ; and (2) by inserting after shall devolve upon such custodian. the following: Such records and papers shall be considered public records available for reasonable public inspection, including at a minimum, as defined the law of the State in which the election is held, the candidates appearing on the ballot in the election, political parties whose candidates appeared on the ballot in the election, and any individuals authorized to observe the election.", "id": "HDCF133532D5548658AF63E812FCEDA58", "header": "Clarification with respect to Federal election record-keeping requirement", "nested": [], "links": [ { "text": "52 U.S.C. 20701", "legal-doc": "usc", "parsable-cite": "usc/52/20701" } ] }, { "text": "135. Clarification of rules with respect to hiring of election workers \n(a) Preferences for veterans and individuals with disabilities \n(1) Preferences \nIn hiring election workers to administer an election in a State or local jurisdiction, the State or local jurisdiction may give preference to individuals who are veterans or individuals with a disability. (2) Individual with a disability defined \nIn this subsection, an individual with a disability means an individual with an impairment that substantially limits any major life activities. (b) Preference and waiver of residency requirement for spouses and dependents of absent military voters \n(1) Sense of Congress \nIt is the sense of Congress that, in hiring election workers to administer an election in a State or local jurisdiction, the State or local jurisdiction— (A) should give preference to an individual who is a nonresident military spouse or dependent; and (B) should not refuse to hire such an individual as an election worker solely on the grounds that the individual does not maintain a place of residence in the State or local jurisdiction. (2) Inclusion of information Election Assistance Commission clearinghouse \nThe Federal Election Commission shall include in any clearinghouse it maintains of procedures adopted by States with respect to the administration of Federal elections information on the procedures under which States hire nonresident military spouses or dependents as election workers, as described in paragraph (1). (3) Nonresident military spouse or dependent defined \nIn this subsection, a nonresident military spouse or dependent means an individual who is an absent uniformed services voter under section 107(1)(C) of the Uniformed and Overseas Citizen Absentee Voting Act ( 52 U.S.C. 20310(1)(C) ).", "id": "H664048E306BD4017B79E5F2BD97A20DA", "header": "Clarification of rules with respect to hiring of election workers", "nested": [ { "text": "(a) Preferences for veterans and individuals with disabilities \n(1) Preferences \nIn hiring election workers to administer an election in a State or local jurisdiction, the State or local jurisdiction may give preference to individuals who are veterans or individuals with a disability. (2) Individual with a disability defined \nIn this subsection, an individual with a disability means an individual with an impairment that substantially limits any major life activities.", "id": "H3A698FB0EC6D47EF8CF58FEA925B49A3", "header": "Preferences for veterans and individuals with disabilities", "nested": [], "links": [] }, { "text": "(b) Preference and waiver of residency requirement for spouses and dependents of absent military voters \n(1) Sense of Congress \nIt is the sense of Congress that, in hiring election workers to administer an election in a State or local jurisdiction, the State or local jurisdiction— (A) should give preference to an individual who is a nonresident military spouse or dependent; and (B) should not refuse to hire such an individual as an election worker solely on the grounds that the individual does not maintain a place of residence in the State or local jurisdiction. (2) Inclusion of information Election Assistance Commission clearinghouse \nThe Federal Election Commission shall include in any clearinghouse it maintains of procedures adopted by States with respect to the administration of Federal elections information on the procedures under which States hire nonresident military spouses or dependents as election workers, as described in paragraph (1). (3) Nonresident military spouse or dependent defined \nIn this subsection, a nonresident military spouse or dependent means an individual who is an absent uniformed services voter under section 107(1)(C) of the Uniformed and Overseas Citizen Absentee Voting Act ( 52 U.S.C. 20310(1)(C) ).", "id": "H7698C9F6D6D04F88A1DB4F3874C6D7EA", "header": "Preference and waiver of residency requirement for spouses and dependents of absent military voters", "nested": [], "links": [ { "text": "52 U.S.C. 20310(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/52/20310" } ] } ], "links": [ { "text": "52 U.S.C. 20310(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/52/20310" } ] }, { "text": "136. State assistance in assigning mailing addresses with respect to Tribal Governments \n(a) In general \nUpon request from a Tribal Government, the appropriate State executives of the State concerned shall assist the Tribal Government to assign a mailing address to each home and residence of the Tribal Government in the State that does not have a mailing address assigned to such home or residence and shall ensure that the State records include any such mailing address assigned and any mailing address previously assigned by such Tribal Government. (b) Definitions \nIn this section: (1) Indian \nThe term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) Indian tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) State \nThe term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ). (4) Tribal government \nThe term Tribal Government means the recognized governing body of an Indian Tribe.", "id": "H6A33A38DFF7C420494BCFC626427130F", "header": "State assistance in assigning mailing addresses with respect to Tribal Governments", "nested": [ { "text": "(a) In general \nUpon request from a Tribal Government, the appropriate State executives of the State concerned shall assist the Tribal Government to assign a mailing address to each home and residence of the Tribal Government in the State that does not have a mailing address assigned to such home or residence and shall ensure that the State records include any such mailing address assigned and any mailing address previously assigned by such Tribal Government.", "id": "H170287B281B043E69C990C8710148B4A", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Indian \nThe term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) Indian tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) State \nThe term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ). (4) Tribal government \nThe term Tribal Government means the recognized governing body of an Indian Tribe.", "id": "H468CBB227D68452381E75DF1C4D768FD", "header": "Definitions", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" } ] } ], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" } ] }, { "text": "137. State defined \n(a) Application to Commonwealth of Northern Mariana Islands \nSection 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ) is amended by striking and the United States Virgin Islands and inserting the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Conforming amendments \nSuch Act is further amended as follows: (1) The second sentence of section 213(a)(2) ( 52 U.S.C. 20943(a)(2) ) is amended by striking and American Samoa and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands. (2) Section 252(c)(2) ( 52 U.S.C. 21002(c)(2) ) is amended by striking or the United States Virgin Islands and inserting the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands.", "id": "H172D209C31CB419DB8DE93569C259387", "header": "State defined", "nested": [ { "text": "(a) Application to Commonwealth of Northern Mariana Islands \nSection 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ) is amended by striking and the United States Virgin Islands and inserting the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.", "id": "H3BCC22CA225F4D0CA6B442ADCE1576CD", "header": "Application to Commonwealth of Northern Mariana Islands", "nested": [], "links": [ { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" } ] }, { "text": "(b) Conforming amendments \nSuch Act is further amended as follows: (1) The second sentence of section 213(a)(2) ( 52 U.S.C. 20943(a)(2) ) is amended by striking and American Samoa and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands. (2) Section 252(c)(2) ( 52 U.S.C. 21002(c)(2) ) is amended by striking or the United States Virgin Islands and inserting the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands.", "id": "HEA5B5B30549E445AA590F5D5F45AE402", "header": "Conforming amendments", "nested": [], "links": [ { "text": "52 U.S.C. 20943(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/20943" }, { "text": "52 U.S.C. 21002(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/21002" } ] } ], "links": [ { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" }, { "text": "52 U.S.C. 20943(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/20943" }, { "text": "52 U.S.C. 21002(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/21002" } ] }, { "text": "138. Voter registration for applicants without driver’s license or social security number \n(a) In general \nSection 303(a)(5)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a)(5)(A) ) is amended— (1) in clause (i), by striking Except as provided in clause (ii), notwithstanding any other provision of law, an application and inserting An application ; (2) in clause (i)(II), by striking (other than an applicant to whom clause (ii) applies) ; and (3) by amending clause (ii) to read as follows: (ii) Special rule for applicants without driver’s license or social security number \nIf an applicant for voter registration for an election for Federal office has not been issued a current and valid driver’s license or a social security number, the State shall assign the applicant a temporary number which shall be valid to identify the applicant for the purposes of voter registration only during the period that begins on the date the temporary number is assigned and ends 30 days after the date that the applicant receives a current and valid driver’s license or a social security number. If the applicant fails to provide a driver’s license number or the last 4 digits of the social security number (as the case may be) to the State during the 30-day period that begins on the date the applicant receives such driver’s license or social security number, the applicant’s application for voter registration with respect to which the temporary number was assigned may not be accepted or processed by the State..", "id": "H47EB339423C843FAB5C372F53CF5E4BD", "header": "Voter registration for applicants without driver’s license or social security number", "nested": [ { "text": "(a) In general \nSection 303(a)(5)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a)(5)(A) ) is amended— (1) in clause (i), by striking Except as provided in clause (ii), notwithstanding any other provision of law, an application and inserting An application ; (2) in clause (i)(II), by striking (other than an applicant to whom clause (ii) applies) ; and (3) by amending clause (ii) to read as follows: (ii) Special rule for applicants without driver’s license or social security number \nIf an applicant for voter registration for an election for Federal office has not been issued a current and valid driver’s license or a social security number, the State shall assign the applicant a temporary number which shall be valid to identify the applicant for the purposes of voter registration only during the period that begins on the date the temporary number is assigned and ends 30 days after the date that the applicant receives a current and valid driver’s license or a social security number. If the applicant fails to provide a driver’s license number or the last 4 digits of the social security number (as the case may be) to the State during the 30-day period that begins on the date the applicant receives such driver’s license or social security number, the applicant’s application for voter registration with respect to which the temporary number was assigned may not be accepted or processed by the State..", "id": "HCE7394C94CBF479DABD8A1B60A6C8DF1", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21083(a)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" } ] } ], "links": [ { "text": "52 U.S.C. 21083(a)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" } ] }, { "text": "139. GAO study on domestic manufacturing and assembly of voting equipment \n(a) Study required \nThe Comptroller General of the United States shall carry out a study on the feasability and requirements for all voting equipment used in elections for Federal office to be manufactured and assembled in the United States, which shall include an assessment of the importance of maintaining a secure supply chain for such voting equipment. (b) Submittal \nNot later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report containing the results of the study carried out under subsection (a) to— (1) the appropriate congressional committees; (2) the chief State election official of each State; (3) the Election Assistance Commission; and (4) the National Institute of Standards and Technology. (c) Sense of Congress \nIt is the sense of Congress that it is in the national interest of the United States that equipment used for voting in American elections be developed, programmed, manufactured, and assembled within the United States under the authority of United States persons.", "id": "H9B90897536D243ABA4C4CFFF77B76ABF", "header": "GAO study on domestic manufacturing and assembly of voting equipment", "nested": [ { "text": "(a) Study required \nThe Comptroller General of the United States shall carry out a study on the feasability and requirements for all voting equipment used in elections for Federal office to be manufactured and assembled in the United States, which shall include an assessment of the importance of maintaining a secure supply chain for such voting equipment.", "id": "H3CAE28C8F39844D6B712431073C9410A", "header": "Study required", "nested": [], "links": [] }, { "text": "(b) Submittal \nNot later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report containing the results of the study carried out under subsection (a) to— (1) the appropriate congressional committees; (2) the chief State election official of each State; (3) the Election Assistance Commission; and (4) the National Institute of Standards and Technology.", "id": "HD0972E0573B14D9C9FB3910114C30F10", "header": "Submittal", "nested": [], "links": [] }, { "text": "(c) Sense of Congress \nIt is the sense of Congress that it is in the national interest of the United States that equipment used for voting in American elections be developed, programmed, manufactured, and assembled within the United States under the authority of United States persons.", "id": "HA579ACD0715A499A9E0198EE31BF9F52", "header": "Sense of Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "141. Short title \nThis subtitle may be cited as the American Confidence in Elections: District of Columbia Election Integrity and Voter Confidence Act.", "id": "H616D1DD6A99147E1904515E77601F3FD", "header": "Short title", "nested": [], "links": [] }, { "text": "142. Statement of congressional authority; findings \n(a) Statement of congressional authority \nCongress finds that it has the authority to establish the terms and conditions for the administration of elections for public office in the District of Columbia— (1) pursuant to article I, section 8, clause 17 of the Constitution of the United States, which grants Congress the exclusive power to enact legislation with respect to the seat of the government of the United States; (2) with recognition of the Residence Act of 1790, which Congress passed pursuant to the above authority and which established the City of Washington in the District of Columbia as the seat of the government of the United States; (3) pursuant to article I, section 8, clause 18 of the Constitution of the United States, which grants Congress the authority to make all Laws which shall be necessary and proper for carrying into Execution its enumerated powers; and (4) under other enumerated powers granted to Congress. (b) Findings \nCongress finds the following: (1) Voter identification requirements in the District of Columbia are some of the weakest in the country. Currently, voters in the District of Columbia are required only to provide proof of residence the first time they vote and are never asked to provide anything again. (2) In the 2012 general election, the District of Columbia was wholly unprepared for early voters. Several polling locations featured only one or two voting machines. As a result, some voters waited in line for hours while others waited for hours only to be turned away as the polls closed. (3) Following the 2012 general election, the executive director of the D.C. Board of Elections testified that missteps had taken place during the election. Voters complained that some precincts weren't accessible for the disabled, while poorly trained employees ran sites elsewhere in the District. In other cases, voters were provided with ballots that were not correct for their addresses, allowing them to vote in races in other districts. (4) In the District of Columbia’s 2014 April Democratic primary, voters had to wait several hours after polls closed before receiving meaningful election returns because of problems with voting machines that led to an unusually lengthy and chaotic tabulation process. (5) In the aftermath of that primary, while the District of Columbia originally blamed a handful of voting machines for late election results, the executive director later clarified that the issue came from a broad computer network failure. As a result, on election night, ballots did not begin to be counted until 10:00 p.m. The executive director said on election night, polling officials never really did determine the problem.... All this occurred despite record low turnout for the primary. (6) Before the 2014 midterm election, the executive director hoped that ballot counting would be done before midnight but could not offer any promises based on the District of Columbia’s previous history. (7) Following the 2014 midterm election, the Office of the District of Columbia Auditor performed an audit of the election and found the following: (A) 23 of 89 precincts visited did not have the minimum number of poll workers designated in city election procedures. In total, 168 workers did not come to work as scheduled, and others that were not trained to perform certain functions had to take on new jobs. (B) 37 of the 89 precincts inspected featured polling places not fully accessible to disabled voters. Some issues included missing or inoperable doorbells to alert poll workers that a wheelchair-bound voter needed assistance, as well as a lack of accessible parking spaces and entrances. (C) 57 of the 89 precincts featured election and non-election equipment issues affecting a wide range of the Election Day technology—including paper ballot readers, electronic poll books and touch-screen voting machines. (8) In 2016, the Office of the District of Columbia Auditor released a report titled The District of Columbia Voter File: Compliance with Law and Best Practices , which included the following: (A) In 2015, the Board of Elections, as required under District law, sent out written notices to 260,000 inactive voters through the U.S. Postal Service in an attempt to maintain accurate voter registration rolls. 38,179, or almost fifteen percent of those postcards, were returned as undeliverable. (B) The Office of the Auditor took a sample of thirty-three decedents who had died between January of 2011 and December of 2014. The audit found that all of the thirty-three decedents were still on the District’s voter registration rolls. (C) The District of Columbia is a member of the Electronic Registration Information Center (ERIC). According to ERIC, 13,651 voters were registered in the District of Columbia and another jurisdiction. The D.C. Board of Elections contacted every voter with a duplicate registration. 6,000 voters confirmed they now resided outside the District of Columbia and the other 7,651 or 56 percent of voters with a duplicate registration did not respond. (9) The District of Columbia allows for same-day registration and automatic voter registration. In 2018, the District of Columbia implemented an Automatic Voter Registration program through the Department of Motor Vehicles (DMV). Now, any DMV application automatically serves as an application to register to vote or update registration records, unless the applicant affirmatively opts out of this registration option. (10) In 2020, voting in the District of Columbia for the June primary election was fraught with problems. Some voters waited in line for hours, and thousands of voters who requested absentee mail-in ballots never received them. As a result, the District of Columbia allowed voters that never received their absentee ballot to cast their ballots via unsecured email. During the Committee on House Administration and Committee on Oversight and Accountability joint hearing titled American Confidence in Elections: The Path to Election Integrity in the District of Columbia , witnesses called by Republicans and Democrats both agreed that casting a ballot via unsecured email raised serious security and voter identification concerns. (11) In 2020, the District of Columbia Board of Elections mailed every registered voter a ballot for the general election. Voters were still permitted to vote in-person. The Board mailed 421,791 ballots, and 48,018 of them were undeliverable, more than eleven percent. This is a rate more than eight times higher than the national average. (12) Even after mailing every registered voter a ballot in the 2020 general election, the District of Columbia had lower voter turnout rates than states like Florida, Ohio, and Georgia. In 2020, the District of Columbia reported a roughly 64 percent turnout while Florida reported 77 percent, Ohio reported roughly 74 percent, and Georgia reported 66 percent. (13) In 2022, the District of Columbia Board of Elections mailed every registered voter a ballot for the midterm primary election. Voters were still allowed to vote in person. The Board mailed 402,323 ballots, and 65,398 ballots, or about sixteen percent, were undeliverable. This is an increase of 17,380 in undeliverable ballots between the 2020 general election and the 2022 primary election. (14) In 2022, the District of Columbia Board of Elections mailed every registered voter a ballot for the November general election. Voters were still allowed to vote in person. The Board mailed 508,543 ballots, and 87,921 were undeliverable. The rate of undeliverable ballots mailed out for the general election in 2022 was seventeen percent, an increase of about six basis points from the 2020 election. In addition, the District of Columbia mailed over 500 voters an incorrect ballot. At the time of the 2022 election, the COVID–19 pandemic was largely over, allowing voters to vote in person without issue, unlike during the 2020 election. (15) Despite mailing every registered voter a ballot in the 2022 midterm election, the District of Columbia had far lower voter turnout rates than states like Florida, Georgia, and Ohio. In 2022, the District of Columbia reported roughly 40 percent turnout while Florida reported 54 percent, Ohio reported 52 percent, and Georgia reported roughly 57 percent. (16) The Local Resident Voting Rights Amendment Act of 2022 allows noncitizen green-card holders and illegal aliens to cast a ballot in local races, as long as the non-citizen voter is at least eighteen years of age and has resided in the District of Columbia for thirty days. The law will take effect in 2024. Estimates as to the number of non-citizens of voting age living in the District of Columbia range from 21,000 to 42,000, potentially half of whom are illegal aliens. Even according to the low estimates, there are more than enough non-citizens of voting age living in the District of Columbia to impact election outcomes in some wards. (17) On February 9, 2023, the U.S. House of Representatives, by a vote of 260 to 162, passed H.J. Res. 24, disapproving the Local Resident Voting Rights Amendment Act of 2022 under the District of Columbia Home Rule Act.", "id": "HBA882E8E54944C2994E3B2212306D50A", "header": "Statement of congressional authority; findings", "nested": [ { "text": "(a) Statement of congressional authority \nCongress finds that it has the authority to establish the terms and conditions for the administration of elections for public office in the District of Columbia— (1) pursuant to article I, section 8, clause 17 of the Constitution of the United States, which grants Congress the exclusive power to enact legislation with respect to the seat of the government of the United States; (2) with recognition of the Residence Act of 1790, which Congress passed pursuant to the above authority and which established the City of Washington in the District of Columbia as the seat of the government of the United States; (3) pursuant to article I, section 8, clause 18 of the Constitution of the United States, which grants Congress the authority to make all Laws which shall be necessary and proper for carrying into Execution its enumerated powers; and (4) under other enumerated powers granted to Congress.", "id": "HFF215A77C9B64D808DDC398A3743BB14", "header": "Statement of congressional authority", "nested": [], "links": [] }, { "text": "(b) Findings \nCongress finds the following: (1) Voter identification requirements in the District of Columbia are some of the weakest in the country. Currently, voters in the District of Columbia are required only to provide proof of residence the first time they vote and are never asked to provide anything again. (2) In the 2012 general election, the District of Columbia was wholly unprepared for early voters. Several polling locations featured only one or two voting machines. As a result, some voters waited in line for hours while others waited for hours only to be turned away as the polls closed. (3) Following the 2012 general election, the executive director of the D.C. Board of Elections testified that missteps had taken place during the election. Voters complained that some precincts weren't accessible for the disabled, while poorly trained employees ran sites elsewhere in the District. In other cases, voters were provided with ballots that were not correct for their addresses, allowing them to vote in races in other districts. (4) In the District of Columbia’s 2014 April Democratic primary, voters had to wait several hours after polls closed before receiving meaningful election returns because of problems with voting machines that led to an unusually lengthy and chaotic tabulation process. (5) In the aftermath of that primary, while the District of Columbia originally blamed a handful of voting machines for late election results, the executive director later clarified that the issue came from a broad computer network failure. As a result, on election night, ballots did not begin to be counted until 10:00 p.m. The executive director said on election night, polling officials never really did determine the problem.... All this occurred despite record low turnout for the primary. (6) Before the 2014 midterm election, the executive director hoped that ballot counting would be done before midnight but could not offer any promises based on the District of Columbia’s previous history. (7) Following the 2014 midterm election, the Office of the District of Columbia Auditor performed an audit of the election and found the following: (A) 23 of 89 precincts visited did not have the minimum number of poll workers designated in city election procedures. In total, 168 workers did not come to work as scheduled, and others that were not trained to perform certain functions had to take on new jobs. (B) 37 of the 89 precincts inspected featured polling places not fully accessible to disabled voters. Some issues included missing or inoperable doorbells to alert poll workers that a wheelchair-bound voter needed assistance, as well as a lack of accessible parking spaces and entrances. (C) 57 of the 89 precincts featured election and non-election equipment issues affecting a wide range of the Election Day technology—including paper ballot readers, electronic poll books and touch-screen voting machines. (8) In 2016, the Office of the District of Columbia Auditor released a report titled The District of Columbia Voter File: Compliance with Law and Best Practices , which included the following: (A) In 2015, the Board of Elections, as required under District law, sent out written notices to 260,000 inactive voters through the U.S. Postal Service in an attempt to maintain accurate voter registration rolls. 38,179, or almost fifteen percent of those postcards, were returned as undeliverable. (B) The Office of the Auditor took a sample of thirty-three decedents who had died between January of 2011 and December of 2014. The audit found that all of the thirty-three decedents were still on the District’s voter registration rolls. (C) The District of Columbia is a member of the Electronic Registration Information Center (ERIC). According to ERIC, 13,651 voters were registered in the District of Columbia and another jurisdiction. The D.C. Board of Elections contacted every voter with a duplicate registration. 6,000 voters confirmed they now resided outside the District of Columbia and the other 7,651 or 56 percent of voters with a duplicate registration did not respond. (9) The District of Columbia allows for same-day registration and automatic voter registration. In 2018, the District of Columbia implemented an Automatic Voter Registration program through the Department of Motor Vehicles (DMV). Now, any DMV application automatically serves as an application to register to vote or update registration records, unless the applicant affirmatively opts out of this registration option. (10) In 2020, voting in the District of Columbia for the June primary election was fraught with problems. Some voters waited in line for hours, and thousands of voters who requested absentee mail-in ballots never received them. As a result, the District of Columbia allowed voters that never received their absentee ballot to cast their ballots via unsecured email. During the Committee on House Administration and Committee on Oversight and Accountability joint hearing titled American Confidence in Elections: The Path to Election Integrity in the District of Columbia , witnesses called by Republicans and Democrats both agreed that casting a ballot via unsecured email raised serious security and voter identification concerns. (11) In 2020, the District of Columbia Board of Elections mailed every registered voter a ballot for the general election. Voters were still permitted to vote in-person. The Board mailed 421,791 ballots, and 48,018 of them were undeliverable, more than eleven percent. This is a rate more than eight times higher than the national average. (12) Even after mailing every registered voter a ballot in the 2020 general election, the District of Columbia had lower voter turnout rates than states like Florida, Ohio, and Georgia. In 2020, the District of Columbia reported a roughly 64 percent turnout while Florida reported 77 percent, Ohio reported roughly 74 percent, and Georgia reported 66 percent. (13) In 2022, the District of Columbia Board of Elections mailed every registered voter a ballot for the midterm primary election. Voters were still allowed to vote in person. The Board mailed 402,323 ballots, and 65,398 ballots, or about sixteen percent, were undeliverable. This is an increase of 17,380 in undeliverable ballots between the 2020 general election and the 2022 primary election. (14) In 2022, the District of Columbia Board of Elections mailed every registered voter a ballot for the November general election. Voters were still allowed to vote in person. The Board mailed 508,543 ballots, and 87,921 were undeliverable. The rate of undeliverable ballots mailed out for the general election in 2022 was seventeen percent, an increase of about six basis points from the 2020 election. In addition, the District of Columbia mailed over 500 voters an incorrect ballot. At the time of the 2022 election, the COVID–19 pandemic was largely over, allowing voters to vote in person without issue, unlike during the 2020 election. (15) Despite mailing every registered voter a ballot in the 2022 midterm election, the District of Columbia had far lower voter turnout rates than states like Florida, Georgia, and Ohio. In 2022, the District of Columbia reported roughly 40 percent turnout while Florida reported 54 percent, Ohio reported 52 percent, and Georgia reported roughly 57 percent. (16) The Local Resident Voting Rights Amendment Act of 2022 allows noncitizen green-card holders and illegal aliens to cast a ballot in local races, as long as the non-citizen voter is at least eighteen years of age and has resided in the District of Columbia for thirty days. The law will take effect in 2024. Estimates as to the number of non-citizens of voting age living in the District of Columbia range from 21,000 to 42,000, potentially half of whom are illegal aliens. Even according to the low estimates, there are more than enough non-citizens of voting age living in the District of Columbia to impact election outcomes in some wards. (17) On February 9, 2023, the U.S. House of Representatives, by a vote of 260 to 162, passed H.J. Res. 24, disapproving the Local Resident Voting Rights Amendment Act of 2022 under the District of Columbia Home Rule Act.", "id": "H750E47B357F648D489832125BDAA8562", "header": "Findings", "nested": [], "links": [] } ], "links": [] }, { "text": "143. Requirements for elections in District of Columbia \n(a) Requirements described \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21801 et seq. ) is amended by adding at the end the following new subtitle: C Requirements for Elections in District of Columbia \n321. Statement of Congressional authority; findings \nCongress finds that it has the authority to establish the terms and conditions for the administration of elections for public office in the District of Columbia— (1) under article I, section 8, clause 17 of the Constitution of the United States, which grants Congress the exclusive power to enact legislation with respect to the seat of the government of the United States; and (2) under other enumerated powers granted to Congress. 322. Requirements for photo identification \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Voter Identification Act. (b) Requiring provision of identification To receive a ballot or vote \n(1) Individuals voting in person \nA District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote in person unless the individual presents to the official an identification described in paragraph (3). (2) Individuals voting other than in person \nA District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote other than in person unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (3) Identification described \nAn identification described in this paragraph is, with respect to an individual, any of the following: (A) A current and valid motor vehicle license issued by the District of Columbia or any other current and valid photo identification of the individual which is issued by the District of Columbia or the identification number for such motor vehicle license or photo identification. (B) A current and valid United States passport, a current and valid military photo identification, or any other current and valid photo identification of the individual which is issued by the Federal government. (C) Any current and valid photo identification of the individual which is issued by a Tribal Government. (D) A student photo identification issued by a secondary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (E) The last 4 digits of the individual's social security number. (4) Ensuring proof of residence \nIf an individual presents or submits an identification described in paragraph (3) which does not include the address of the individual’s residence, the District of Columbia election official may not provide a ballot to the individual unless the individual presents or submits a document or other written information from a third party which— (A) provides the address of the individual’s residence; and (B) such document or other written information is of sufficient validity such that the election official is reasonably certain as to the identity of the individual. (c) Provision of identification without cost to indigent individuals \nIf the District of Columbia charges an individual a fee for an identification described in subsection (b)(3) and the individual provides an attestation that the individual is unable to afford the fee, the District of Columbia shall provide the identification to the individual at no cost. (d) Special rule with respect to sincerely held religious beliefs \nIn the case of an individual who is unable to comply with the requirements of subsection (b) due to sincerely held religious beliefs, the District of Columbia shall provide such individual with an alternative identification that shall be deemed to meet the requirements of an identification described in subsection (b)(3). (e) Designation of District of Columbia agency To provide copies of identification \nThe Mayor of the District of Columbia shall designate an agency of the District of Columbia government to provide an individual with a copy of an identification described in subsection (b)(3) at no cost to the individual for the purposes of meeting the requirement under subsection (b)(2). (f) Inclusion of photos in poll books \n(1) Methods for obtaining photos \n(A) Provision of photos by offices of District of Columbia government \nIf any office of the District of Columbia government has a photograph or digital image of the likeness of an individual who is eligible to vote in a District of Columbia election, the office, in consultation with the chief election official of the District of Columbia, shall provide access to the photograph or digital image to the chief election official of the District of Columbia. (B) Taking of photos at polling place \nIf a photograph or digital image of an individual who votes in person at a polling place is not included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals, the appropriate election official shall take a photograph of the individual and provide access to the photograph to the chief election official of the District of Columbia. (C) Copies of photos provided by individuals not voting in person \nThe election official who receives a copy of an identification described in subsection (b)(3) which is submitted by an individual who desires to vote other than in person at a polling place shall provide access to the copy of the identification to the chief election official of the District of Columbia. (2) Inclusion in poll books \nThe chief election official of the District of Columbia shall ensure that a photograph, digital image, or copy of an identification for which access is provided under paragraph (1) is included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals. (3) Protection of privacy of voters \nThe appropriate election officials of the District of Columbia shall ensure that any photograph, digital image, or copy of an identification which is included in a poll book under this subsection is not used for any purpose other than the administration of District of Columbia elections and is not provided or otherwise made available to any other person except as may be necessary to carry out that purpose. (g) Exceptions \nThis section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (3) entitled to vote otherwise than in person under any other Federal law. (h) Definitions \nFor the purposes of this section, the following definitions apply: (1) Indian tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) Tribal government \nThe term Tribal Government means the recognized governing body of an Indian Tribe. 323. Requirements for voter registration \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Voter List Maintenance Act. (b) Annual list maintenance \n(1) Requirements \n(A) In general \nThe District of Columbia shall carry out annually a program to remove ineligible persons from the official list of persons registered to vote in the District of Columbia, as required by section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) and pursuant to the procedures described in subparagraph (B). (B) Removal from voter rolls \nIn the case of a registrant from the official list of eligible voters in District of Columbia elections who has failed to vote in a District of Columbia election during a period of two consecutive years, the District of Columbia shall send to such registrant a notice described in section 8(d)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(d)(2) ) and shall remove the registrant from the official list of eligible voters in District of Columbia elections if— (i) the registrant fails to respond to such notice; and (ii) the registrant has not voted or appeared to vote in a District of Columbia election during the period beginning the date such notice is sent and ending the later of 4 years after the date such notice is sent or after two consecutive District of Columbia general elections have been held. (2) Timing \nIn the case of a year during which a regularly scheduled District of Columbia election is held, the District of Columbia shall carry out the program described in paragraph (1) not later than 90 days prior to the date of the election. (c) Prohibiting same-Day registration \nThe District of Columbia may not permit an individual to vote in a District of Columbia election unless, not later than 30 days prior to the date of the election, the individual is duly registered to vote in the election. 324. Ban on collection and transmission of ballots by certain third parties \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Election Fraud Prevention Act. (b) In general \nThe District of Columbia may not permit an individual to knowingly collect and transmit a ballot in a District of Columbia election that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (c) Definitions \nFor purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home. (2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship. (3) The term household member means an individual who resides at the same residence as such person. 325. Timely processing and reporting of results \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Timely Reporting of Election Results Act. (b) Time for processing ballots and reporting results \nThe District of Columbia shall begin processing ballots received by mail in a District of Columbia election as soon as such ballots are received and shall ensure that the results of such District of Columbia election are reported to the public not later than 12 hours after the closing of polls on the date of the election, but in no case shall such ballots be tabulated or such results be reported earlier than the closing of polls on the date of the election. (c) Requirement To publish number of voted ballots on election day \nThe District of Columbia shall, as soon as practicable after the closing of polls on the date of a District of Columbia election, make available on a publicly accessible website the total number of voted ballots in the possession of election officials in the District of Columbia as of the time of the closing of polls on the date of such election, which shall include, as of such time— (1) the number of voted ballots delivered by mail; (2) the number of ballots requested for such election by individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); and (3) the number of voted ballots for such election received from individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ), including from individuals who, under such Act, voted by absentee ballot without requesting such a ballot. (d) Requirements To ensure bipartisan election administration activity \nWith respect to a District of Columbia election, District of Columbia election officials shall ensure that all activities are carried out in a bipartisan manner, which shall include a requirement that, in the case of an election worker who enters a room which contains ballots, voting equipment, or non-voting equipment as any part of the election worker’s duties to carry out such election, the election worker is accompanied by an individual registered to vote with respect to a different political party than such election worker, as determined pursuant to the voting registration records of the District of Columbia. 326. Ban on noncitizen voting \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Citizen Voter Act. (b) Ban on noncitizen voting \nNo individual may vote in a District of Columbia election unless the individual is a citizen of the United States. 327. Requirements with respect to provisional ballots \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Provisional Ballot Reform Act. (b) In general \nExcept as provided in subsection (c), the District of Columbia shall permit an individual to cast a provisional ballot pursuant to section 302 if— (1) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote; or (2) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but does not provide an identification required under section 322, except that the individual’s provisional ballot shall not be counted in the election unless the individual provides such identification to the chief State election official of the District of Columbia not later than 5:00 pm on the second day which begins after the date of the election. (c) Requirements with respect to counting provisional ballots in certain cases \nIf the name of an individual who is a registered voter in the District of Columbia and eligible to vote in a District of Columbia election appears on the official list of eligible voters for a polling place in the District of Columbia, such individual may cast a provisional ballot pursuant to section 302 for such election at a polling place other than the polling place with respect to which the name of the individual appears on the official list of eligible voters, except that the individual’s provisional ballot shall not be counted in the election unless the individual demonstrates pursuant to the requirements under section 302 that the individual is a registered voter in the jurisdiction of the polling place at which the individual cast such ballot. 328. Mandatory post-election audits \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Mandatory Post-Election Audits Act. (b) Requirement for post-Election audits \n(1) Requirement \nNot later than 30 days after each District of Columbia election, the District of Columbia shall conduct and publish an audit of the effectiveness and accuracy of the voting systems, nonvoting election technology (as defined in section 298C), election procedures, and outcomes used to carry out the election and the performance of the election officials who carried out the election, but in no case shall such audit be completed later than 2 business days before the deadline to file an election contest under the laws of the District of Columbia. (2) Independence of auditor \nNo individual who participates in conducting the audit required under this section may be an employee or contractor of an office of the District of Columbia which is responsible for the administration of District of Columbia elections or of a subsidiary or affiliate of such an office. 329. Public observation of election procedures \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Public Observation of Election Procedures Act. (b) Designated representatives of candidates, political parties, and committees affiliated with ballot initiatives \n(1) Authority to observe procedures \nAn individual who is not a District of Columbia election official may observe election procedures carried out in a District of Columbia election, as described in paragraph (2), if the individual is designated to observe such procedures by a candidate in the election, a political party, or a committee affiliated with a ballot initiative or referendum in the election. (2) Authority and procedures described \nThe authority of an individual to observe election procedures pursuant to this subsection is as follows: (A) The individual may serve as a poll watcher to observe the casting and tabulation of ballots at a polling place on the date of the election or on any day prior to the date of the election on which ballots are cast at early voting sites, and may challenge the casting or tabulation of any such ballot. (B) The individual may serve as a poll watcher to observe the canvassing and processing of absentee or other mail-in ballots, including the procedures for verification of signed certificates of transmission under section 330(c)(2). (C) The individual may observe the recount of the results of the election at any location at which the recount is held, and may challenge the tabulation of any ballot tabulated pursuant to the recount. (3) Provision of credentials \nThe chief State election official of the District of Columbia shall provide each individual who is authorized to observe election procedures under paragraph (1) with appropriate credentials to enable the individual to observe such procedures. (4) Exception for candidates and law enforcement officers \nAn individual may not serve as a poll watcher under subparagraph (A) or (B) of paragraph (2), and the chief State election official of the District of Columbia may not provide the individual with credentials to enable the individual to serve as a poll watcher under such subparagraph, if the individual is a candidate in the election or a law enforcement officer. (c) Other individuals \n(1) Petition for observer credentials \nIn addition to the individuals described in subsection (b), any individual, including an individual representing or affiliated with a domestic or international organization, may petition the chief State election official of the District of Columbia to provide the individual with credentials to observe election procedures carried out in a District of Columbia election, as described in subsection (b). (2) Authority described \nIf the chief State election official provides an individual with credentials under paragraph (1), the individual shall have the same authority to observe election procedures carried out in the election as an individual described in subsection (b), except that the individual may not challenge the casting, tabulation, canvassing, or processing of any ballot in the election. (3) Exception for candidates and law enforcement officers \nThe chief State election official of the District of Columbia may not provide an individual who is a candidate in the election or a law enforcement officer with credentials to serve as a poll watcher, as described in subparagraph (A) or (B) of subsection (b)(2). (d) Authority of members of public To observe testing of equipment \nIn addition to the authority of individuals to observe procedures under subsections (b) and (c), any member of the public may observe the testing of election equipment by election officials prior to the date of the election. (e) Prohibiting limits on ability To view procedures \nAn election official may not obstruct the ability of an individual who is authorized to observe an election procedure under this section to view the procedure as it is being carried out. (f) Prohibition against certain restrictions \nAn election official may not require that an individual who observes election procedures under this section stays more than 3 feet away from the procedure as it is being carried out. 330. Requirements for voting by mail-in ballot \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Mail Balloting Reform Act. (b) Prohibiting transmission of unsolicited ballots \nThe District of Columbia may not transmit an absentee or other mail-in ballot for a District of Columbia election to any individual who does not request the District of Columbia to transmit the ballot. (c) Signature verification \n(1) Inclusion of certificate with ballot \nThe District of Columbia shall include with each absentee or other mail-in ballot transmitted for a District of Columbia election a certificate of transmission which may be signed by the individual for whom the ballot is transmitted. (2) Requiring verification for ballot to be counted \nExcept as provided in subsection (d), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election unless— (A) the individual for whom the ballot was transmitted— (i) signs and dates the certificate of transmission included with the ballot under paragraph (1); and (ii) includes the signed certification with the ballot and the date on such certification is accurate and in no case later than the date of the election; and (B) the individual’s signature on the ballot matches the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters. (d) Notice and opportunity To cure \n(1) Notice and opportunity to cure discrepancy in signatures \nIf an individual submits an absentee or other mail-in ballot for a District of Columbia election and the appropriate District of Columbia election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (A) make a good faith effort to immediately notify the individual by mail, telephone, or (if available) text message and electronic mail that— (i) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters; and (ii) if such discrepancy is not cured prior to the expiration of the 48-hour period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and (B) cure such discrepancy and count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (2) Notice and opportunity to cure missing signature or other defect \nIf an individual submits an absentee or other mail-in ballot for a District of Columbia election without a signature on the ballot or the certificate of transmission included with the ballot under subsection (c)(1) or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate District of Columbia election official, prior to making a final determination as to the validity of the ballot, shall— (A) make a good faith effort to immediately notify the individual either by mail, telephone, or (if available) text message and electronic mail that— (i) the ballot or certificate of transmission did not include a signature or has some other defect; and (ii) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 48-hour period which begins on the date the official notifies the individual that the ballot or certificate of transmission did not include a signature or has some other defect, such ballot will not be counted; and (B) count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with the missing signature on a form proscribed by the District of Columbia or cures the other defect. This paragraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (e) Deadline for acceptance \n(1) Deadline \nExcept as provided in paragraph (2), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election which is received by the appropriate election official following the close of polls on Election Day. (2) Exception for absent military and overseas voters \nParagraph (1) does not apply to a ballot cast by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (3) Rule of construction \nNothing in this subsection may be construed as prohibiting the District of Columbia from accepting an absentee or other mail-in ballot for a District of Columbia election that is delivered in person by the voter to an election official at an appropriate polling place or the District of Columbia Board of Elections if such ballot is received by the election official by the deadline described in paragraph (1). 331. Requirements with respect to use of drop boxes \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Ballot Security Act. (b) Requirements \nWith respect to a District of Columbia election, the District of Columbia may not use a drop box to accept a voted absentee or other mail-in ballot for any such election unless— (1) any such drop box is located inside a District of Columbia government building or facility; (2) the District of Columbia provides for the security of any such drop box through 24-hour remote or electronic surveillance; and (3) the District of Columbia Board of Elections collects any ballot deposited in any such drop box each day after 5:00 p.m. (local time) during the period of the election. 332. Special rule with respect to application of requirements to Federal elections \nWith respect to an election for Federal office in the District of Columbia, to the extent that there is any inconsistency with the requirements of this subtitle and the requirements of subtitle A, the requirements of this subtitle shall apply. 333. Prohibiting the use of ranked choice voting \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia One Vote One Choice Act. (b) Prohibition \nThe District of Columbia may not carry out a District of Columbia election using a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter’s preference. 334. Early voting \n(a) Requiring early voting \n(1) In general \nThe District of Columbia shall allow individuals to vote in person in a District of Columbia election during an early voting period which occurs prior to the date of the election, in the same manner as in person voting is allowed on such date. (2) Length of period \nThe early voting period required under this subsection with respect to a District of Columbia election shall consist of not more than 10 days during the period of consecutive days (including weekends) which begins on the 14th day before the date of the election and ends on the date of the election. (b) Polling place requirements \nEach polling place which allows voting during an early voting period under subsection (a) shall have the same hours for each day on which such voting occurs as the polling place has on the date of the election. 335. District of Columbia election defined \nIn this subtitle, the term District of Columbia election means any election for public office in the District of Columbia, including an election for Federal office, and any ballot initiative or referendum.. (b) Conforming amendment relating to enforcement \nSection 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking the period at the end and inserting the following: , and the requirements of subtitle C with respect to the District of Columbia.. (c) Clerical amendment \nThe table of contents of such Act is amended by adding at the end of the items relating to title III the following: Subtitle C—Requirements for Elections in District of Columbia Sec. 321. Statement of Congressional authority; findings. Sec. 322. Requirements for photo identification. Sec. 323. Requirements for voter registration. Sec. 324. Ban on collection and transmission of ballots by certain third parties. Sec. 325. Timely processing and reporting of results. Sec. 326. Ban on noncitizen voting. Sec. 327. Requirements with respect to provisional ballots. Sec. 328. Mandatory post-election audits. Sec. 329. Public observation of election procedures. Sec. 330. Requirements for voting by mail-in ballot. Sec. 331. Requirements with respect to use of drop boxes. Sec. 332. Special rule with respect to application of requirements to Federal elections. Sec. 333. Prohibiting the use of ranked choice voting. Sec. 334. Early voting. Sec. 335. District of Columbia election defined.", "id": "HE009D4067A6D4392BCD9EF5BDCF35120", "header": "Requirements for elections in District of Columbia", "nested": [ { "text": "(a) Requirements described \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21801 et seq. ) is amended by adding at the end the following new subtitle: C Requirements for Elections in District of Columbia \n321. Statement of Congressional authority; findings \nCongress finds that it has the authority to establish the terms and conditions for the administration of elections for public office in the District of Columbia— (1) under article I, section 8, clause 17 of the Constitution of the United States, which grants Congress the exclusive power to enact legislation with respect to the seat of the government of the United States; and (2) under other enumerated powers granted to Congress. 322. Requirements for photo identification \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Voter Identification Act. (b) Requiring provision of identification To receive a ballot or vote \n(1) Individuals voting in person \nA District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote in person unless the individual presents to the official an identification described in paragraph (3). (2) Individuals voting other than in person \nA District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote other than in person unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (3) Identification described \nAn identification described in this paragraph is, with respect to an individual, any of the following: (A) A current and valid motor vehicle license issued by the District of Columbia or any other current and valid photo identification of the individual which is issued by the District of Columbia or the identification number for such motor vehicle license or photo identification. (B) A current and valid United States passport, a current and valid military photo identification, or any other current and valid photo identification of the individual which is issued by the Federal government. (C) Any current and valid photo identification of the individual which is issued by a Tribal Government. (D) A student photo identification issued by a secondary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (E) The last 4 digits of the individual's social security number. (4) Ensuring proof of residence \nIf an individual presents or submits an identification described in paragraph (3) which does not include the address of the individual’s residence, the District of Columbia election official may not provide a ballot to the individual unless the individual presents or submits a document or other written information from a third party which— (A) provides the address of the individual’s residence; and (B) such document or other written information is of sufficient validity such that the election official is reasonably certain as to the identity of the individual. (c) Provision of identification without cost to indigent individuals \nIf the District of Columbia charges an individual a fee for an identification described in subsection (b)(3) and the individual provides an attestation that the individual is unable to afford the fee, the District of Columbia shall provide the identification to the individual at no cost. (d) Special rule with respect to sincerely held religious beliefs \nIn the case of an individual who is unable to comply with the requirements of subsection (b) due to sincerely held religious beliefs, the District of Columbia shall provide such individual with an alternative identification that shall be deemed to meet the requirements of an identification described in subsection (b)(3). (e) Designation of District of Columbia agency To provide copies of identification \nThe Mayor of the District of Columbia shall designate an agency of the District of Columbia government to provide an individual with a copy of an identification described in subsection (b)(3) at no cost to the individual for the purposes of meeting the requirement under subsection (b)(2). (f) Inclusion of photos in poll books \n(1) Methods for obtaining photos \n(A) Provision of photos by offices of District of Columbia government \nIf any office of the District of Columbia government has a photograph or digital image of the likeness of an individual who is eligible to vote in a District of Columbia election, the office, in consultation with the chief election official of the District of Columbia, shall provide access to the photograph or digital image to the chief election official of the District of Columbia. (B) Taking of photos at polling place \nIf a photograph or digital image of an individual who votes in person at a polling place is not included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals, the appropriate election official shall take a photograph of the individual and provide access to the photograph to the chief election official of the District of Columbia. (C) Copies of photos provided by individuals not voting in person \nThe election official who receives a copy of an identification described in subsection (b)(3) which is submitted by an individual who desires to vote other than in person at a polling place shall provide access to the copy of the identification to the chief election official of the District of Columbia. (2) Inclusion in poll books \nThe chief election official of the District of Columbia shall ensure that a photograph, digital image, or copy of an identification for which access is provided under paragraph (1) is included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals. (3) Protection of privacy of voters \nThe appropriate election officials of the District of Columbia shall ensure that any photograph, digital image, or copy of an identification which is included in a poll book under this subsection is not used for any purpose other than the administration of District of Columbia elections and is not provided or otherwise made available to any other person except as may be necessary to carry out that purpose. (g) Exceptions \nThis section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (3) entitled to vote otherwise than in person under any other Federal law. (h) Definitions \nFor the purposes of this section, the following definitions apply: (1) Indian tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) Tribal government \nThe term Tribal Government means the recognized governing body of an Indian Tribe. 323. Requirements for voter registration \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Voter List Maintenance Act. (b) Annual list maintenance \n(1) Requirements \n(A) In general \nThe District of Columbia shall carry out annually a program to remove ineligible persons from the official list of persons registered to vote in the District of Columbia, as required by section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) and pursuant to the procedures described in subparagraph (B). (B) Removal from voter rolls \nIn the case of a registrant from the official list of eligible voters in District of Columbia elections who has failed to vote in a District of Columbia election during a period of two consecutive years, the District of Columbia shall send to such registrant a notice described in section 8(d)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(d)(2) ) and shall remove the registrant from the official list of eligible voters in District of Columbia elections if— (i) the registrant fails to respond to such notice; and (ii) the registrant has not voted or appeared to vote in a District of Columbia election during the period beginning the date such notice is sent and ending the later of 4 years after the date such notice is sent or after two consecutive District of Columbia general elections have been held. (2) Timing \nIn the case of a year during which a regularly scheduled District of Columbia election is held, the District of Columbia shall carry out the program described in paragraph (1) not later than 90 days prior to the date of the election. (c) Prohibiting same-Day registration \nThe District of Columbia may not permit an individual to vote in a District of Columbia election unless, not later than 30 days prior to the date of the election, the individual is duly registered to vote in the election. 324. Ban on collection and transmission of ballots by certain third parties \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Election Fraud Prevention Act. (b) In general \nThe District of Columbia may not permit an individual to knowingly collect and transmit a ballot in a District of Columbia election that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (c) Definitions \nFor purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home. (2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship. (3) The term household member means an individual who resides at the same residence as such person. 325. Timely processing and reporting of results \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Timely Reporting of Election Results Act. (b) Time for processing ballots and reporting results \nThe District of Columbia shall begin processing ballots received by mail in a District of Columbia election as soon as such ballots are received and shall ensure that the results of such District of Columbia election are reported to the public not later than 12 hours after the closing of polls on the date of the election, but in no case shall such ballots be tabulated or such results be reported earlier than the closing of polls on the date of the election. (c) Requirement To publish number of voted ballots on election day \nThe District of Columbia shall, as soon as practicable after the closing of polls on the date of a District of Columbia election, make available on a publicly accessible website the total number of voted ballots in the possession of election officials in the District of Columbia as of the time of the closing of polls on the date of such election, which shall include, as of such time— (1) the number of voted ballots delivered by mail; (2) the number of ballots requested for such election by individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); and (3) the number of voted ballots for such election received from individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ), including from individuals who, under such Act, voted by absentee ballot without requesting such a ballot. (d) Requirements To ensure bipartisan election administration activity \nWith respect to a District of Columbia election, District of Columbia election officials shall ensure that all activities are carried out in a bipartisan manner, which shall include a requirement that, in the case of an election worker who enters a room which contains ballots, voting equipment, or non-voting equipment as any part of the election worker’s duties to carry out such election, the election worker is accompanied by an individual registered to vote with respect to a different political party than such election worker, as determined pursuant to the voting registration records of the District of Columbia. 326. Ban on noncitizen voting \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Citizen Voter Act. (b) Ban on noncitizen voting \nNo individual may vote in a District of Columbia election unless the individual is a citizen of the United States. 327. Requirements with respect to provisional ballots \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Provisional Ballot Reform Act. (b) In general \nExcept as provided in subsection (c), the District of Columbia shall permit an individual to cast a provisional ballot pursuant to section 302 if— (1) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote; or (2) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but does not provide an identification required under section 322, except that the individual’s provisional ballot shall not be counted in the election unless the individual provides such identification to the chief State election official of the District of Columbia not later than 5:00 pm on the second day which begins after the date of the election. (c) Requirements with respect to counting provisional ballots in certain cases \nIf the name of an individual who is a registered voter in the District of Columbia and eligible to vote in a District of Columbia election appears on the official list of eligible voters for a polling place in the District of Columbia, such individual may cast a provisional ballot pursuant to section 302 for such election at a polling place other than the polling place with respect to which the name of the individual appears on the official list of eligible voters, except that the individual’s provisional ballot shall not be counted in the election unless the individual demonstrates pursuant to the requirements under section 302 that the individual is a registered voter in the jurisdiction of the polling place at which the individual cast such ballot. 328. Mandatory post-election audits \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Mandatory Post-Election Audits Act. (b) Requirement for post-Election audits \n(1) Requirement \nNot later than 30 days after each District of Columbia election, the District of Columbia shall conduct and publish an audit of the effectiveness and accuracy of the voting systems, nonvoting election technology (as defined in section 298C), election procedures, and outcomes used to carry out the election and the performance of the election officials who carried out the election, but in no case shall such audit be completed later than 2 business days before the deadline to file an election contest under the laws of the District of Columbia. (2) Independence of auditor \nNo individual who participates in conducting the audit required under this section may be an employee or contractor of an office of the District of Columbia which is responsible for the administration of District of Columbia elections or of a subsidiary or affiliate of such an office. 329. Public observation of election procedures \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Public Observation of Election Procedures Act. (b) Designated representatives of candidates, political parties, and committees affiliated with ballot initiatives \n(1) Authority to observe procedures \nAn individual who is not a District of Columbia election official may observe election procedures carried out in a District of Columbia election, as described in paragraph (2), if the individual is designated to observe such procedures by a candidate in the election, a political party, or a committee affiliated with a ballot initiative or referendum in the election. (2) Authority and procedures described \nThe authority of an individual to observe election procedures pursuant to this subsection is as follows: (A) The individual may serve as a poll watcher to observe the casting and tabulation of ballots at a polling place on the date of the election or on any day prior to the date of the election on which ballots are cast at early voting sites, and may challenge the casting or tabulation of any such ballot. (B) The individual may serve as a poll watcher to observe the canvassing and processing of absentee or other mail-in ballots, including the procedures for verification of signed certificates of transmission under section 330(c)(2). (C) The individual may observe the recount of the results of the election at any location at which the recount is held, and may challenge the tabulation of any ballot tabulated pursuant to the recount. (3) Provision of credentials \nThe chief State election official of the District of Columbia shall provide each individual who is authorized to observe election procedures under paragraph (1) with appropriate credentials to enable the individual to observe such procedures. (4) Exception for candidates and law enforcement officers \nAn individual may not serve as a poll watcher under subparagraph (A) or (B) of paragraph (2), and the chief State election official of the District of Columbia may not provide the individual with credentials to enable the individual to serve as a poll watcher under such subparagraph, if the individual is a candidate in the election or a law enforcement officer. (c) Other individuals \n(1) Petition for observer credentials \nIn addition to the individuals described in subsection (b), any individual, including an individual representing or affiliated with a domestic or international organization, may petition the chief State election official of the District of Columbia to provide the individual with credentials to observe election procedures carried out in a District of Columbia election, as described in subsection (b). (2) Authority described \nIf the chief State election official provides an individual with credentials under paragraph (1), the individual shall have the same authority to observe election procedures carried out in the election as an individual described in subsection (b), except that the individual may not challenge the casting, tabulation, canvassing, or processing of any ballot in the election. (3) Exception for candidates and law enforcement officers \nThe chief State election official of the District of Columbia may not provide an individual who is a candidate in the election or a law enforcement officer with credentials to serve as a poll watcher, as described in subparagraph (A) or (B) of subsection (b)(2). (d) Authority of members of public To observe testing of equipment \nIn addition to the authority of individuals to observe procedures under subsections (b) and (c), any member of the public may observe the testing of election equipment by election officials prior to the date of the election. (e) Prohibiting limits on ability To view procedures \nAn election official may not obstruct the ability of an individual who is authorized to observe an election procedure under this section to view the procedure as it is being carried out. (f) Prohibition against certain restrictions \nAn election official may not require that an individual who observes election procedures under this section stays more than 3 feet away from the procedure as it is being carried out. 330. Requirements for voting by mail-in ballot \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Mail Balloting Reform Act. (b) Prohibiting transmission of unsolicited ballots \nThe District of Columbia may not transmit an absentee or other mail-in ballot for a District of Columbia election to any individual who does not request the District of Columbia to transmit the ballot. (c) Signature verification \n(1) Inclusion of certificate with ballot \nThe District of Columbia shall include with each absentee or other mail-in ballot transmitted for a District of Columbia election a certificate of transmission which may be signed by the individual for whom the ballot is transmitted. (2) Requiring verification for ballot to be counted \nExcept as provided in subsection (d), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election unless— (A) the individual for whom the ballot was transmitted— (i) signs and dates the certificate of transmission included with the ballot under paragraph (1); and (ii) includes the signed certification with the ballot and the date on such certification is accurate and in no case later than the date of the election; and (B) the individual’s signature on the ballot matches the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters. (d) Notice and opportunity To cure \n(1) Notice and opportunity to cure discrepancy in signatures \nIf an individual submits an absentee or other mail-in ballot for a District of Columbia election and the appropriate District of Columbia election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (A) make a good faith effort to immediately notify the individual by mail, telephone, or (if available) text message and electronic mail that— (i) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters; and (ii) if such discrepancy is not cured prior to the expiration of the 48-hour period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and (B) cure such discrepancy and count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (2) Notice and opportunity to cure missing signature or other defect \nIf an individual submits an absentee or other mail-in ballot for a District of Columbia election without a signature on the ballot or the certificate of transmission included with the ballot under subsection (c)(1) or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate District of Columbia election official, prior to making a final determination as to the validity of the ballot, shall— (A) make a good faith effort to immediately notify the individual either by mail, telephone, or (if available) text message and electronic mail that— (i) the ballot or certificate of transmission did not include a signature or has some other defect; and (ii) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 48-hour period which begins on the date the official notifies the individual that the ballot or certificate of transmission did not include a signature or has some other defect, such ballot will not be counted; and (B) count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with the missing signature on a form proscribed by the District of Columbia or cures the other defect. This paragraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (e) Deadline for acceptance \n(1) Deadline \nExcept as provided in paragraph (2), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election which is received by the appropriate election official following the close of polls on Election Day. (2) Exception for absent military and overseas voters \nParagraph (1) does not apply to a ballot cast by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (3) Rule of construction \nNothing in this subsection may be construed as prohibiting the District of Columbia from accepting an absentee or other mail-in ballot for a District of Columbia election that is delivered in person by the voter to an election official at an appropriate polling place or the District of Columbia Board of Elections if such ballot is received by the election official by the deadline described in paragraph (1). 331. Requirements with respect to use of drop boxes \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Ballot Security Act. (b) Requirements \nWith respect to a District of Columbia election, the District of Columbia may not use a drop box to accept a voted absentee or other mail-in ballot for any such election unless— (1) any such drop box is located inside a District of Columbia government building or facility; (2) the District of Columbia provides for the security of any such drop box through 24-hour remote or electronic surveillance; and (3) the District of Columbia Board of Elections collects any ballot deposited in any such drop box each day after 5:00 p.m. (local time) during the period of the election. 332. Special rule with respect to application of requirements to Federal elections \nWith respect to an election for Federal office in the District of Columbia, to the extent that there is any inconsistency with the requirements of this subtitle and the requirements of subtitle A, the requirements of this subtitle shall apply. 333. Prohibiting the use of ranked choice voting \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia One Vote One Choice Act. (b) Prohibition \nThe District of Columbia may not carry out a District of Columbia election using a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter’s preference. 334. Early voting \n(a) Requiring early voting \n(1) In general \nThe District of Columbia shall allow individuals to vote in person in a District of Columbia election during an early voting period which occurs prior to the date of the election, in the same manner as in person voting is allowed on such date. (2) Length of period \nThe early voting period required under this subsection with respect to a District of Columbia election shall consist of not more than 10 days during the period of consecutive days (including weekends) which begins on the 14th day before the date of the election and ends on the date of the election. (b) Polling place requirements \nEach polling place which allows voting during an early voting period under subsection (a) shall have the same hours for each day on which such voting occurs as the polling place has on the date of the election. 335. District of Columbia election defined \nIn this subtitle, the term District of Columbia election means any election for public office in the District of Columbia, including an election for Federal office, and any ballot initiative or referendum..", "id": "H0FFF62406F464E46B5572D1E734A8695", "header": "Requirements described", "nested": [], "links": [ { "text": "52 U.S.C. 21801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21801" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20102(b)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/20102" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "52 U.S.C. 20507", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20507(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] }, { "text": "(b) Conforming amendment relating to enforcement \nSection 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking the period at the end and inserting the following: , and the requirements of subtitle C with respect to the District of Columbia..", "id": "H2E251F61424545639342133518E544A4", "header": "Conforming amendment relating to enforcement", "nested": [], "links": [ { "text": "52 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/52/21111" } ] }, { "text": "(c) Clerical amendment \nThe table of contents of such Act is amended by adding at the end of the items relating to title III the following: Subtitle C—Requirements for Elections in District of Columbia Sec. 321. Statement of Congressional authority; findings. Sec. 322. Requirements for photo identification. Sec. 323. Requirements for voter registration. Sec. 324. Ban on collection and transmission of ballots by certain third parties. Sec. 325. Timely processing and reporting of results. Sec. 326. Ban on noncitizen voting. Sec. 327. Requirements with respect to provisional ballots. Sec. 328. Mandatory post-election audits. Sec. 329. Public observation of election procedures. Sec. 330. Requirements for voting by mail-in ballot. Sec. 331. Requirements with respect to use of drop boxes. Sec. 332. Special rule with respect to application of requirements to Federal elections. Sec. 333. Prohibiting the use of ranked choice voting. Sec. 334. Early voting. Sec. 335. District of Columbia election defined.", "id": "HD677BD18484C466692977DC267DA0D80", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21801" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20102(b)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/20102" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "52 U.S.C. 20507", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20507(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/52/21111" } ] }, { "text": "321. Statement of Congressional authority; findings \nCongress finds that it has the authority to establish the terms and conditions for the administration of elections for public office in the District of Columbia— (1) under article I, section 8, clause 17 of the Constitution of the United States, which grants Congress the exclusive power to enact legislation with respect to the seat of the government of the United States; and (2) under other enumerated powers granted to Congress.", "id": "H80942D2F01774F6E967CF0639864FADA", "header": "Statement of Congressional authority; findings", "nested": [], "links": [] }, { "text": "322. Requirements for photo identification \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Voter Identification Act. (b) Requiring provision of identification To receive a ballot or vote \n(1) Individuals voting in person \nA District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote in person unless the individual presents to the official an identification described in paragraph (3). (2) Individuals voting other than in person \nA District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote other than in person unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (3) Identification described \nAn identification described in this paragraph is, with respect to an individual, any of the following: (A) A current and valid motor vehicle license issued by the District of Columbia or any other current and valid photo identification of the individual which is issued by the District of Columbia or the identification number for such motor vehicle license or photo identification. (B) A current and valid United States passport, a current and valid military photo identification, or any other current and valid photo identification of the individual which is issued by the Federal government. (C) Any current and valid photo identification of the individual which is issued by a Tribal Government. (D) A student photo identification issued by a secondary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (E) The last 4 digits of the individual's social security number. (4) Ensuring proof of residence \nIf an individual presents or submits an identification described in paragraph (3) which does not include the address of the individual’s residence, the District of Columbia election official may not provide a ballot to the individual unless the individual presents or submits a document or other written information from a third party which— (A) provides the address of the individual’s residence; and (B) such document or other written information is of sufficient validity such that the election official is reasonably certain as to the identity of the individual. (c) Provision of identification without cost to indigent individuals \nIf the District of Columbia charges an individual a fee for an identification described in subsection (b)(3) and the individual provides an attestation that the individual is unable to afford the fee, the District of Columbia shall provide the identification to the individual at no cost. (d) Special rule with respect to sincerely held religious beliefs \nIn the case of an individual who is unable to comply with the requirements of subsection (b) due to sincerely held religious beliefs, the District of Columbia shall provide such individual with an alternative identification that shall be deemed to meet the requirements of an identification described in subsection (b)(3). (e) Designation of District of Columbia agency To provide copies of identification \nThe Mayor of the District of Columbia shall designate an agency of the District of Columbia government to provide an individual with a copy of an identification described in subsection (b)(3) at no cost to the individual for the purposes of meeting the requirement under subsection (b)(2). (f) Inclusion of photos in poll books \n(1) Methods for obtaining photos \n(A) Provision of photos by offices of District of Columbia government \nIf any office of the District of Columbia government has a photograph or digital image of the likeness of an individual who is eligible to vote in a District of Columbia election, the office, in consultation with the chief election official of the District of Columbia, shall provide access to the photograph or digital image to the chief election official of the District of Columbia. (B) Taking of photos at polling place \nIf a photograph or digital image of an individual who votes in person at a polling place is not included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals, the appropriate election official shall take a photograph of the individual and provide access to the photograph to the chief election official of the District of Columbia. (C) Copies of photos provided by individuals not voting in person \nThe election official who receives a copy of an identification described in subsection (b)(3) which is submitted by an individual who desires to vote other than in person at a polling place shall provide access to the copy of the identification to the chief election official of the District of Columbia. (2) Inclusion in poll books \nThe chief election official of the District of Columbia shall ensure that a photograph, digital image, or copy of an identification for which access is provided under paragraph (1) is included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals. (3) Protection of privacy of voters \nThe appropriate election officials of the District of Columbia shall ensure that any photograph, digital image, or copy of an identification which is included in a poll book under this subsection is not used for any purpose other than the administration of District of Columbia elections and is not provided or otherwise made available to any other person except as may be necessary to carry out that purpose. (g) Exceptions \nThis section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (3) entitled to vote otherwise than in person under any other Federal law. (h) Definitions \nFor the purposes of this section, the following definitions apply: (1) Indian tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) Tribal government \nThe term Tribal Government means the recognized governing body of an Indian Tribe.", "id": "HC0393B9F89F24D0588E206F7CC9FF1C1", "header": "Requirements for photo identification", "nested": [ { "text": "(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Voter Identification Act.", "id": "H83276C7C93E346A7A358DB0E53903E82", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Requiring provision of identification To receive a ballot or vote \n(1) Individuals voting in person \nA District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote in person unless the individual presents to the official an identification described in paragraph (3). (2) Individuals voting other than in person \nA District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote other than in person unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (3) Identification described \nAn identification described in this paragraph is, with respect to an individual, any of the following: (A) A current and valid motor vehicle license issued by the District of Columbia or any other current and valid photo identification of the individual which is issued by the District of Columbia or the identification number for such motor vehicle license or photo identification. (B) A current and valid United States passport, a current and valid military photo identification, or any other current and valid photo identification of the individual which is issued by the Federal government. (C) Any current and valid photo identification of the individual which is issued by a Tribal Government. (D) A student photo identification issued by a secondary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (E) The last 4 digits of the individual's social security number. (4) Ensuring proof of residence \nIf an individual presents or submits an identification described in paragraph (3) which does not include the address of the individual’s residence, the District of Columbia election official may not provide a ballot to the individual unless the individual presents or submits a document or other written information from a third party which— (A) provides the address of the individual’s residence; and (B) such document or other written information is of sufficient validity such that the election official is reasonably certain as to the identity of the individual.", "id": "H90CB1C6709804FE189700DCD3F263A37", "header": "Requiring provision of identification To receive a ballot or vote", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "(c) Provision of identification without cost to indigent individuals \nIf the District of Columbia charges an individual a fee for an identification described in subsection (b)(3) and the individual provides an attestation that the individual is unable to afford the fee, the District of Columbia shall provide the identification to the individual at no cost.", "id": "H27B4F06436914CF59BEA0163600465F2", "header": "Provision of identification without cost to indigent individuals", "nested": [], "links": [] }, { "text": "(d) Special rule with respect to sincerely held religious beliefs \nIn the case of an individual who is unable to comply with the requirements of subsection (b) due to sincerely held religious beliefs, the District of Columbia shall provide such individual with an alternative identification that shall be deemed to meet the requirements of an identification described in subsection (b)(3).", "id": "H44B7691F3B7B44FEB574D32A1A730839", "header": "Special rule with respect to sincerely held religious beliefs", "nested": [], "links": [] }, { "text": "(e) Designation of District of Columbia agency To provide copies of identification \nThe Mayor of the District of Columbia shall designate an agency of the District of Columbia government to provide an individual with a copy of an identification described in subsection (b)(3) at no cost to the individual for the purposes of meeting the requirement under subsection (b)(2).", "id": "H841CB5887B804786A7289D29C675D57A", "header": "Designation of District of Columbia agency To provide copies of identification", "nested": [], "links": [] }, { "text": "(f) Inclusion of photos in poll books \n(1) Methods for obtaining photos \n(A) Provision of photos by offices of District of Columbia government \nIf any office of the District of Columbia government has a photograph or digital image of the likeness of an individual who is eligible to vote in a District of Columbia election, the office, in consultation with the chief election official of the District of Columbia, shall provide access to the photograph or digital image to the chief election official of the District of Columbia. (B) Taking of photos at polling place \nIf a photograph or digital image of an individual who votes in person at a polling place is not included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals, the appropriate election official shall take a photograph of the individual and provide access to the photograph to the chief election official of the District of Columbia. (C) Copies of photos provided by individuals not voting in person \nThe election official who receives a copy of an identification described in subsection (b)(3) which is submitted by an individual who desires to vote other than in person at a polling place shall provide access to the copy of the identification to the chief election official of the District of Columbia. (2) Inclusion in poll books \nThe chief election official of the District of Columbia shall ensure that a photograph, digital image, or copy of an identification for which access is provided under paragraph (1) is included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals. (3) Protection of privacy of voters \nThe appropriate election officials of the District of Columbia shall ensure that any photograph, digital image, or copy of an identification which is included in a poll book under this subsection is not used for any purpose other than the administration of District of Columbia elections and is not provided or otherwise made available to any other person except as may be necessary to carry out that purpose.", "id": "HC728E5D85AFB42C1938F8C5442595AB1", "header": "Inclusion of photos in poll books", "nested": [], "links": [] }, { "text": "(g) Exceptions \nThis section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (3) entitled to vote otherwise than in person under any other Federal law.", "id": "H8F8A2A2EFA5A49B79CB06C64B4831CB0", "header": "Exceptions", "nested": [], "links": [ { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20102(b)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/20102" } ] }, { "text": "(h) Definitions \nFor the purposes of this section, the following definitions apply: (1) Indian tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) Tribal government \nThe term Tribal Government means the recognized governing body of an Indian Tribe.", "id": "H602AFE8F91704FD99B951B712C3470D1", "header": "Definitions", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] } ], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20102(b)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/20102" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "323. Requirements for voter registration \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Voter List Maintenance Act. (b) Annual list maintenance \n(1) Requirements \n(A) In general \nThe District of Columbia shall carry out annually a program to remove ineligible persons from the official list of persons registered to vote in the District of Columbia, as required by section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) and pursuant to the procedures described in subparagraph (B). (B) Removal from voter rolls \nIn the case of a registrant from the official list of eligible voters in District of Columbia elections who has failed to vote in a District of Columbia election during a period of two consecutive years, the District of Columbia shall send to such registrant a notice described in section 8(d)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(d)(2) ) and shall remove the registrant from the official list of eligible voters in District of Columbia elections if— (i) the registrant fails to respond to such notice; and (ii) the registrant has not voted or appeared to vote in a District of Columbia election during the period beginning the date such notice is sent and ending the later of 4 years after the date such notice is sent or after two consecutive District of Columbia general elections have been held. (2) Timing \nIn the case of a year during which a regularly scheduled District of Columbia election is held, the District of Columbia shall carry out the program described in paragraph (1) not later than 90 days prior to the date of the election. (c) Prohibiting same-Day registration \nThe District of Columbia may not permit an individual to vote in a District of Columbia election unless, not later than 30 days prior to the date of the election, the individual is duly registered to vote in the election.", "id": "H3913CE5B341142119AA820B92A870A7F", "header": "Requirements for voter registration", "nested": [ { "text": "(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Voter List Maintenance Act.", "id": "H50971B25A425432B9414870D7DF3DED0", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Annual list maintenance \n(1) Requirements \n(A) In general \nThe District of Columbia shall carry out annually a program to remove ineligible persons from the official list of persons registered to vote in the District of Columbia, as required by section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) and pursuant to the procedures described in subparagraph (B). (B) Removal from voter rolls \nIn the case of a registrant from the official list of eligible voters in District of Columbia elections who has failed to vote in a District of Columbia election during a period of two consecutive years, the District of Columbia shall send to such registrant a notice described in section 8(d)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(d)(2) ) and shall remove the registrant from the official list of eligible voters in District of Columbia elections if— (i) the registrant fails to respond to such notice; and (ii) the registrant has not voted or appeared to vote in a District of Columbia election during the period beginning the date such notice is sent and ending the later of 4 years after the date such notice is sent or after two consecutive District of Columbia general elections have been held. (2) Timing \nIn the case of a year during which a regularly scheduled District of Columbia election is held, the District of Columbia shall carry out the program described in paragraph (1) not later than 90 days prior to the date of the election.", "id": "HA17BA4B8F9AC4C2883DF8396AEF42618", "header": "Annual list maintenance", "nested": [], "links": [ { "text": "52 U.S.C. 20507", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20507(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "(c) Prohibiting same-Day registration \nThe District of Columbia may not permit an individual to vote in a District of Columbia election unless, not later than 30 days prior to the date of the election, the individual is duly registered to vote in the election.", "id": "H41C080E3AED44FB393408F3B84405E3E", "header": "Prohibiting same-Day registration", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20507", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20507(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "324. Ban on collection and transmission of ballots by certain third parties \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Election Fraud Prevention Act. (b) In general \nThe District of Columbia may not permit an individual to knowingly collect and transmit a ballot in a District of Columbia election that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (c) Definitions \nFor purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home. (2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship. (3) The term household member means an individual who resides at the same residence as such person.", "id": "H7687F09ADFB446698E30485FE0B56839", "header": "Ban on collection and transmission of ballots by certain third parties", "nested": [ { "text": "(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Election Fraud Prevention Act.", "id": "H988304ACE07D446F94C6EBE4F1C7713E", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) In general \nThe District of Columbia may not permit an individual to knowingly collect and transmit a ballot in a District of Columbia election that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed.", "id": "HA91DA593E80E43C393CDBD03BC69C54C", "header": "In general", "nested": [], "links": [] }, { "text": "(c) Definitions \nFor purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home. (2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship. (3) The term household member means an individual who resides at the same residence as such person.", "id": "HB789E1C625974C799FD646070DF6E643", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "325. Timely processing and reporting of results \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Timely Reporting of Election Results Act. (b) Time for processing ballots and reporting results \nThe District of Columbia shall begin processing ballots received by mail in a District of Columbia election as soon as such ballots are received and shall ensure that the results of such District of Columbia election are reported to the public not later than 12 hours after the closing of polls on the date of the election, but in no case shall such ballots be tabulated or such results be reported earlier than the closing of polls on the date of the election. (c) Requirement To publish number of voted ballots on election day \nThe District of Columbia shall, as soon as practicable after the closing of polls on the date of a District of Columbia election, make available on a publicly accessible website the total number of voted ballots in the possession of election officials in the District of Columbia as of the time of the closing of polls on the date of such election, which shall include, as of such time— (1) the number of voted ballots delivered by mail; (2) the number of ballots requested for such election by individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); and (3) the number of voted ballots for such election received from individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ), including from individuals who, under such Act, voted by absentee ballot without requesting such a ballot. (d) Requirements To ensure bipartisan election administration activity \nWith respect to a District of Columbia election, District of Columbia election officials shall ensure that all activities are carried out in a bipartisan manner, which shall include a requirement that, in the case of an election worker who enters a room which contains ballots, voting equipment, or non-voting equipment as any part of the election worker’s duties to carry out such election, the election worker is accompanied by an individual registered to vote with respect to a different political party than such election worker, as determined pursuant to the voting registration records of the District of Columbia.", "id": "H3270E4E0FA734A469414203C87F9BABF", "header": "Timely processing and reporting of results", "nested": [ { "text": "(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Timely Reporting of Election Results Act.", "id": "HBDE202F18FA346779CAE6B35245C0F0D", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Time for processing ballots and reporting results \nThe District of Columbia shall begin processing ballots received by mail in a District of Columbia election as soon as such ballots are received and shall ensure that the results of such District of Columbia election are reported to the public not later than 12 hours after the closing of polls on the date of the election, but in no case shall such ballots be tabulated or such results be reported earlier than the closing of polls on the date of the election.", "id": "H7A1FA6E74FFD4319912E938386B12EA0", "header": "Time for processing ballots and reporting results", "nested": [], "links": [] }, { "text": "(c) Requirement To publish number of voted ballots on election day \nThe District of Columbia shall, as soon as practicable after the closing of polls on the date of a District of Columbia election, make available on a publicly accessible website the total number of voted ballots in the possession of election officials in the District of Columbia as of the time of the closing of polls on the date of such election, which shall include, as of such time— (1) the number of voted ballots delivered by mail; (2) the number of ballots requested for such election by individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); and (3) the number of voted ballots for such election received from individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ), including from individuals who, under such Act, voted by absentee ballot without requesting such a ballot.", "id": "HB86D6D316E6245EF9DEC8BC1C7C9D1A9", "header": "Requirement To publish number of voted ballots on election day", "nested": [], "links": [ { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] }, { "text": "(d) Requirements To ensure bipartisan election administration activity \nWith respect to a District of Columbia election, District of Columbia election officials shall ensure that all activities are carried out in a bipartisan manner, which shall include a requirement that, in the case of an election worker who enters a room which contains ballots, voting equipment, or non-voting equipment as any part of the election worker’s duties to carry out such election, the election worker is accompanied by an individual registered to vote with respect to a different political party than such election worker, as determined pursuant to the voting registration records of the District of Columbia.", "id": "HD582D180FB8B453BB6B7B082AC1852F8", "header": "Requirements To ensure bipartisan election administration activity", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] }, { "text": "326. Ban on noncitizen voting \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Citizen Voter Act. (b) Ban on noncitizen voting \nNo individual may vote in a District of Columbia election unless the individual is a citizen of the United States.", "id": "H6EA114BF66154988A1673503CF39B5FE", "header": "Ban on noncitizen voting", "nested": [ { "text": "(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Citizen Voter Act.", "id": "H396B58DDA00B4A0581088302BD354315", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Ban on noncitizen voting \nNo individual may vote in a District of Columbia election unless the individual is a citizen of the United States.", "id": "HF7E70C9835964459ADFCE8B68DFF4404", "header": "Ban on noncitizen voting", "nested": [], "links": [] } ], "links": [] }, { "text": "327. Requirements with respect to provisional ballots \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Provisional Ballot Reform Act. (b) In general \nExcept as provided in subsection (c), the District of Columbia shall permit an individual to cast a provisional ballot pursuant to section 302 if— (1) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote; or (2) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but does not provide an identification required under section 322, except that the individual’s provisional ballot shall not be counted in the election unless the individual provides such identification to the chief State election official of the District of Columbia not later than 5:00 pm on the second day which begins after the date of the election. (c) Requirements with respect to counting provisional ballots in certain cases \nIf the name of an individual who is a registered voter in the District of Columbia and eligible to vote in a District of Columbia election appears on the official list of eligible voters for a polling place in the District of Columbia, such individual may cast a provisional ballot pursuant to section 302 for such election at a polling place other than the polling place with respect to which the name of the individual appears on the official list of eligible voters, except that the individual’s provisional ballot shall not be counted in the election unless the individual demonstrates pursuant to the requirements under section 302 that the individual is a registered voter in the jurisdiction of the polling place at which the individual cast such ballot.", "id": "H947EB5157FCD4C3F92DB7C2396904361", "header": "Requirements with respect to provisional ballots", "nested": [ { "text": "(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Provisional Ballot Reform Act.", "id": "H245353AA5F3F4F988947DA8EC663D615", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) In general \nExcept as provided in subsection (c), the District of Columbia shall permit an individual to cast a provisional ballot pursuant to section 302 if— (1) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote; or (2) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but does not provide an identification required under section 322, except that the individual’s provisional ballot shall not be counted in the election unless the individual provides such identification to the chief State election official of the District of Columbia not later than 5:00 pm on the second day which begins after the date of the election.", "id": "H8BB7B4D7F96D441CA3A06798D7DBEB67", "header": "In general", "nested": [], "links": [] }, { "text": "(c) Requirements with respect to counting provisional ballots in certain cases \nIf the name of an individual who is a registered voter in the District of Columbia and eligible to vote in a District of Columbia election appears on the official list of eligible voters for a polling place in the District of Columbia, such individual may cast a provisional ballot pursuant to section 302 for such election at a polling place other than the polling place with respect to which the name of the individual appears on the official list of eligible voters, except that the individual’s provisional ballot shall not be counted in the election unless the individual demonstrates pursuant to the requirements under section 302 that the individual is a registered voter in the jurisdiction of the polling place at which the individual cast such ballot.", "id": "H221B74F8759F4546A66DB09EF3A3909D", "header": "Requirements with respect to counting provisional ballots in certain cases", "nested": [], "links": [] } ], "links": [] }, { "text": "328. Mandatory post-election audits \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Mandatory Post-Election Audits Act. (b) Requirement for post-Election audits \n(1) Requirement \nNot later than 30 days after each District of Columbia election, the District of Columbia shall conduct and publish an audit of the effectiveness and accuracy of the voting systems, nonvoting election technology (as defined in section 298C), election procedures, and outcomes used to carry out the election and the performance of the election officials who carried out the election, but in no case shall such audit be completed later than 2 business days before the deadline to file an election contest under the laws of the District of Columbia. (2) Independence of auditor \nNo individual who participates in conducting the audit required under this section may be an employee or contractor of an office of the District of Columbia which is responsible for the administration of District of Columbia elections or of a subsidiary or affiliate of such an office.", "id": "HBC09D4E0D366485699BBC1323A78CAF1", "header": "Mandatory post-election audits", "nested": [ { "text": "(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Mandatory Post-Election Audits Act.", "id": "H111989D646544D7A88F3650665525F98", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Requirement for post-Election audits \n(1) Requirement \nNot later than 30 days after each District of Columbia election, the District of Columbia shall conduct and publish an audit of the effectiveness and accuracy of the voting systems, nonvoting election technology (as defined in section 298C), election procedures, and outcomes used to carry out the election and the performance of the election officials who carried out the election, but in no case shall such audit be completed later than 2 business days before the deadline to file an election contest under the laws of the District of Columbia. (2) Independence of auditor \nNo individual who participates in conducting the audit required under this section may be an employee or contractor of an office of the District of Columbia which is responsible for the administration of District of Columbia elections or of a subsidiary or affiliate of such an office.", "id": "H289F553A09E74E22B70C1FCDA6B9F32D", "header": "Requirement for post-Election audits", "nested": [], "links": [] } ], "links": [] }, { "text": "329. Public observation of election procedures \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Public Observation of Election Procedures Act. (b) Designated representatives of candidates, political parties, and committees affiliated with ballot initiatives \n(1) Authority to observe procedures \nAn individual who is not a District of Columbia election official may observe election procedures carried out in a District of Columbia election, as described in paragraph (2), if the individual is designated to observe such procedures by a candidate in the election, a political party, or a committee affiliated with a ballot initiative or referendum in the election. (2) Authority and procedures described \nThe authority of an individual to observe election procedures pursuant to this subsection is as follows: (A) The individual may serve as a poll watcher to observe the casting and tabulation of ballots at a polling place on the date of the election or on any day prior to the date of the election on which ballots are cast at early voting sites, and may challenge the casting or tabulation of any such ballot. (B) The individual may serve as a poll watcher to observe the canvassing and processing of absentee or other mail-in ballots, including the procedures for verification of signed certificates of transmission under section 330(c)(2). (C) The individual may observe the recount of the results of the election at any location at which the recount is held, and may challenge the tabulation of any ballot tabulated pursuant to the recount. (3) Provision of credentials \nThe chief State election official of the District of Columbia shall provide each individual who is authorized to observe election procedures under paragraph (1) with appropriate credentials to enable the individual to observe such procedures. (4) Exception for candidates and law enforcement officers \nAn individual may not serve as a poll watcher under subparagraph (A) or (B) of paragraph (2), and the chief State election official of the District of Columbia may not provide the individual with credentials to enable the individual to serve as a poll watcher under such subparagraph, if the individual is a candidate in the election or a law enforcement officer. (c) Other individuals \n(1) Petition for observer credentials \nIn addition to the individuals described in subsection (b), any individual, including an individual representing or affiliated with a domestic or international organization, may petition the chief State election official of the District of Columbia to provide the individual with credentials to observe election procedures carried out in a District of Columbia election, as described in subsection (b). (2) Authority described \nIf the chief State election official provides an individual with credentials under paragraph (1), the individual shall have the same authority to observe election procedures carried out in the election as an individual described in subsection (b), except that the individual may not challenge the casting, tabulation, canvassing, or processing of any ballot in the election. (3) Exception for candidates and law enforcement officers \nThe chief State election official of the District of Columbia may not provide an individual who is a candidate in the election or a law enforcement officer with credentials to serve as a poll watcher, as described in subparagraph (A) or (B) of subsection (b)(2). (d) Authority of members of public To observe testing of equipment \nIn addition to the authority of individuals to observe procedures under subsections (b) and (c), any member of the public may observe the testing of election equipment by election officials prior to the date of the election. (e) Prohibiting limits on ability To view procedures \nAn election official may not obstruct the ability of an individual who is authorized to observe an election procedure under this section to view the procedure as it is being carried out. (f) Prohibition against certain restrictions \nAn election official may not require that an individual who observes election procedures under this section stays more than 3 feet away from the procedure as it is being carried out.", "id": "HE6B0E2F192FB4D368B617695946A7AC9", "header": "Public observation of election procedures", "nested": [ { "text": "(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Public Observation of Election Procedures Act.", "id": "H4B81A6A7A3194C4EA3004E87CFE2C54A", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Designated representatives of candidates, political parties, and committees affiliated with ballot initiatives \n(1) Authority to observe procedures \nAn individual who is not a District of Columbia election official may observe election procedures carried out in a District of Columbia election, as described in paragraph (2), if the individual is designated to observe such procedures by a candidate in the election, a political party, or a committee affiliated with a ballot initiative or referendum in the election. (2) Authority and procedures described \nThe authority of an individual to observe election procedures pursuant to this subsection is as follows: (A) The individual may serve as a poll watcher to observe the casting and tabulation of ballots at a polling place on the date of the election or on any day prior to the date of the election on which ballots are cast at early voting sites, and may challenge the casting or tabulation of any such ballot. (B) The individual may serve as a poll watcher to observe the canvassing and processing of absentee or other mail-in ballots, including the procedures for verification of signed certificates of transmission under section 330(c)(2). (C) The individual may observe the recount of the results of the election at any location at which the recount is held, and may challenge the tabulation of any ballot tabulated pursuant to the recount. (3) Provision of credentials \nThe chief State election official of the District of Columbia shall provide each individual who is authorized to observe election procedures under paragraph (1) with appropriate credentials to enable the individual to observe such procedures. (4) Exception for candidates and law enforcement officers \nAn individual may not serve as a poll watcher under subparagraph (A) or (B) of paragraph (2), and the chief State election official of the District of Columbia may not provide the individual with credentials to enable the individual to serve as a poll watcher under such subparagraph, if the individual is a candidate in the election or a law enforcement officer.", "id": "HED1EAC02ECA4430C8AC6F1CCC9172D8E", "header": "Designated representatives of candidates, political parties, and committees affiliated with ballot initiatives", "nested": [], "links": [] }, { "text": "(c) Other individuals \n(1) Petition for observer credentials \nIn addition to the individuals described in subsection (b), any individual, including an individual representing or affiliated with a domestic or international organization, may petition the chief State election official of the District of Columbia to provide the individual with credentials to observe election procedures carried out in a District of Columbia election, as described in subsection (b). (2) Authority described \nIf the chief State election official provides an individual with credentials under paragraph (1), the individual shall have the same authority to observe election procedures carried out in the election as an individual described in subsection (b), except that the individual may not challenge the casting, tabulation, canvassing, or processing of any ballot in the election. (3) Exception for candidates and law enforcement officers \nThe chief State election official of the District of Columbia may not provide an individual who is a candidate in the election or a law enforcement officer with credentials to serve as a poll watcher, as described in subparagraph (A) or (B) of subsection (b)(2).", "id": "HFF6D209A51D449D185DE235526E02B0D", "header": "Other individuals", "nested": [], "links": [] }, { "text": "(d) Authority of members of public To observe testing of equipment \nIn addition to the authority of individuals to observe procedures under subsections (b) and (c), any member of the public may observe the testing of election equipment by election officials prior to the date of the election.", "id": "H570E8502C0B0413FA0CDFA6E44229B25", "header": "Authority of members of public To observe testing of equipment", "nested": [], "links": [] }, { "text": "(e) Prohibiting limits on ability To view procedures \nAn election official may not obstruct the ability of an individual who is authorized to observe an election procedure under this section to view the procedure as it is being carried out.", "id": "H9E6F90E5CD0341BF8070DBA247475824", "header": "Prohibiting limits on ability To view procedures", "nested": [], "links": [] }, { "text": "(f) Prohibition against certain restrictions \nAn election official may not require that an individual who observes election procedures under this section stays more than 3 feet away from the procedure as it is being carried out.", "id": "H9EB7BF6446DB4055A86C6CAAB0A39A12", "header": "Prohibition against certain restrictions", "nested": [], "links": [] } ], "links": [] }, { "text": "330. Requirements for voting by mail-in ballot \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Mail Balloting Reform Act. (b) Prohibiting transmission of unsolicited ballots \nThe District of Columbia may not transmit an absentee or other mail-in ballot for a District of Columbia election to any individual who does not request the District of Columbia to transmit the ballot. (c) Signature verification \n(1) Inclusion of certificate with ballot \nThe District of Columbia shall include with each absentee or other mail-in ballot transmitted for a District of Columbia election a certificate of transmission which may be signed by the individual for whom the ballot is transmitted. (2) Requiring verification for ballot to be counted \nExcept as provided in subsection (d), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election unless— (A) the individual for whom the ballot was transmitted— (i) signs and dates the certificate of transmission included with the ballot under paragraph (1); and (ii) includes the signed certification with the ballot and the date on such certification is accurate and in no case later than the date of the election; and (B) the individual’s signature on the ballot matches the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters. (d) Notice and opportunity To cure \n(1) Notice and opportunity to cure discrepancy in signatures \nIf an individual submits an absentee or other mail-in ballot for a District of Columbia election and the appropriate District of Columbia election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (A) make a good faith effort to immediately notify the individual by mail, telephone, or (if available) text message and electronic mail that— (i) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters; and (ii) if such discrepancy is not cured prior to the expiration of the 48-hour period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and (B) cure such discrepancy and count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (2) Notice and opportunity to cure missing signature or other defect \nIf an individual submits an absentee or other mail-in ballot for a District of Columbia election without a signature on the ballot or the certificate of transmission included with the ballot under subsection (c)(1) or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate District of Columbia election official, prior to making a final determination as to the validity of the ballot, shall— (A) make a good faith effort to immediately notify the individual either by mail, telephone, or (if available) text message and electronic mail that— (i) the ballot or certificate of transmission did not include a signature or has some other defect; and (ii) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 48-hour period which begins on the date the official notifies the individual that the ballot or certificate of transmission did not include a signature or has some other defect, such ballot will not be counted; and (B) count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with the missing signature on a form proscribed by the District of Columbia or cures the other defect. This paragraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (e) Deadline for acceptance \n(1) Deadline \nExcept as provided in paragraph (2), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election which is received by the appropriate election official following the close of polls on Election Day. (2) Exception for absent military and overseas voters \nParagraph (1) does not apply to a ballot cast by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (3) Rule of construction \nNothing in this subsection may be construed as prohibiting the District of Columbia from accepting an absentee or other mail-in ballot for a District of Columbia election that is delivered in person by the voter to an election official at an appropriate polling place or the District of Columbia Board of Elections if such ballot is received by the election official by the deadline described in paragraph (1).", "id": "H3B51F52EFF644B6F9415D85CCC71537E", "header": "Requirements for voting by mail-in ballot", "nested": [ { "text": "(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Mail Balloting Reform Act.", "id": "H3AEB9F80257B40CA846111FA8BE46358", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Prohibiting transmission of unsolicited ballots \nThe District of Columbia may not transmit an absentee or other mail-in ballot for a District of Columbia election to any individual who does not request the District of Columbia to transmit the ballot.", "id": "H1EA9B52D82B24BA38AD137B7ABDCB408", "header": "Prohibiting transmission of unsolicited ballots", "nested": [], "links": [] }, { "text": "(c) Signature verification \n(1) Inclusion of certificate with ballot \nThe District of Columbia shall include with each absentee or other mail-in ballot transmitted for a District of Columbia election a certificate of transmission which may be signed by the individual for whom the ballot is transmitted. (2) Requiring verification for ballot to be counted \nExcept as provided in subsection (d), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election unless— (A) the individual for whom the ballot was transmitted— (i) signs and dates the certificate of transmission included with the ballot under paragraph (1); and (ii) includes the signed certification with the ballot and the date on such certification is accurate and in no case later than the date of the election; and (B) the individual’s signature on the ballot matches the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters.", "id": "H9D702036C0104860ACAEA100C95000CA", "header": "Signature verification", "nested": [], "links": [] }, { "text": "(d) Notice and opportunity To cure \n(1) Notice and opportunity to cure discrepancy in signatures \nIf an individual submits an absentee or other mail-in ballot for a District of Columbia election and the appropriate District of Columbia election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (A) make a good faith effort to immediately notify the individual by mail, telephone, or (if available) text message and electronic mail that— (i) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters; and (ii) if such discrepancy is not cured prior to the expiration of the 48-hour period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and (B) cure such discrepancy and count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (2) Notice and opportunity to cure missing signature or other defect \nIf an individual submits an absentee or other mail-in ballot for a District of Columbia election without a signature on the ballot or the certificate of transmission included with the ballot under subsection (c)(1) or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate District of Columbia election official, prior to making a final determination as to the validity of the ballot, shall— (A) make a good faith effort to immediately notify the individual either by mail, telephone, or (if available) text message and electronic mail that— (i) the ballot or certificate of transmission did not include a signature or has some other defect; and (ii) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 48-hour period which begins on the date the official notifies the individual that the ballot or certificate of transmission did not include a signature or has some other defect, such ballot will not be counted; and (B) count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with the missing signature on a form proscribed by the District of Columbia or cures the other defect. This paragraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e).", "id": "H29CD93C176A14119AEF0C41042FC4E3F", "header": "Notice and opportunity To cure", "nested": [], "links": [] }, { "text": "(e) Deadline for acceptance \n(1) Deadline \nExcept as provided in paragraph (2), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election which is received by the appropriate election official following the close of polls on Election Day. (2) Exception for absent military and overseas voters \nParagraph (1) does not apply to a ballot cast by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (3) Rule of construction \nNothing in this subsection may be construed as prohibiting the District of Columbia from accepting an absentee or other mail-in ballot for a District of Columbia election that is delivered in person by the voter to an election official at an appropriate polling place or the District of Columbia Board of Elections if such ballot is received by the election official by the deadline described in paragraph (1).", "id": "H6096C57318324B7789E4108CE169F6B6", "header": "Deadline for acceptance", "nested": [], "links": [ { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] } ], "links": [ { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] }, { "text": "331. Requirements with respect to use of drop boxes \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Ballot Security Act. (b) Requirements \nWith respect to a District of Columbia election, the District of Columbia may not use a drop box to accept a voted absentee or other mail-in ballot for any such election unless— (1) any such drop box is located inside a District of Columbia government building or facility; (2) the District of Columbia provides for the security of any such drop box through 24-hour remote or electronic surveillance; and (3) the District of Columbia Board of Elections collects any ballot deposited in any such drop box each day after 5:00 p.m. (local time) during the period of the election.", "id": "H3ED2390144664E49BF9FACB13C530117", "header": "Requirements with respect to use of drop boxes", "nested": [ { "text": "(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia Ballot Security Act.", "id": "H82A967EB76794EF08F5B11FFB1D40B60", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Requirements \nWith respect to a District of Columbia election, the District of Columbia may not use a drop box to accept a voted absentee or other mail-in ballot for any such election unless— (1) any such drop box is located inside a District of Columbia government building or facility; (2) the District of Columbia provides for the security of any such drop box through 24-hour remote or electronic surveillance; and (3) the District of Columbia Board of Elections collects any ballot deposited in any such drop box each day after 5:00 p.m. (local time) during the period of the election.", "id": "HF04AA81E9C8C4115B2C3995511E98A07", "header": "Requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "332. Special rule with respect to application of requirements to Federal elections \nWith respect to an election for Federal office in the District of Columbia, to the extent that there is any inconsistency with the requirements of this subtitle and the requirements of subtitle A, the requirements of this subtitle shall apply.", "id": "H28F06EA398AC42CF9B40FB126D156398", "header": "Special rule with respect to application of requirements to Federal elections", "nested": [], "links": [] }, { "text": "333. Prohibiting the use of ranked choice voting \n(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia One Vote One Choice Act. (b) Prohibition \nThe District of Columbia may not carry out a District of Columbia election using a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter’s preference.", "id": "H462887984A4341A49417C1C4BB54DA08", "header": "Prohibiting the use of ranked choice voting", "nested": [ { "text": "(a) Short title \nThis section may be cited as the American Confidence in Elections: District of Columbia One Vote One Choice Act.", "id": "H2C0990EDAB4A4E13A2121501B6A5FC20", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Prohibition \nThe District of Columbia may not carry out a District of Columbia election using a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter’s preference.", "id": "H941887CE95A74FE79D720C2665E90134", "header": "Prohibition", "nested": [], "links": [] } ], "links": [] }, { "text": "334. Early voting \n(a) Requiring early voting \n(1) In general \nThe District of Columbia shall allow individuals to vote in person in a District of Columbia election during an early voting period which occurs prior to the date of the election, in the same manner as in person voting is allowed on such date. (2) Length of period \nThe early voting period required under this subsection with respect to a District of Columbia election shall consist of not more than 10 days during the period of consecutive days (including weekends) which begins on the 14th day before the date of the election and ends on the date of the election. (b) Polling place requirements \nEach polling place which allows voting during an early voting period under subsection (a) shall have the same hours for each day on which such voting occurs as the polling place has on the date of the election.", "id": "H3034E6F6B5724A5C92A80893CBE339A0", "header": "Early voting", "nested": [ { "text": "(a) Requiring early voting \n(1) In general \nThe District of Columbia shall allow individuals to vote in person in a District of Columbia election during an early voting period which occurs prior to the date of the election, in the same manner as in person voting is allowed on such date. (2) Length of period \nThe early voting period required under this subsection with respect to a District of Columbia election shall consist of not more than 10 days during the period of consecutive days (including weekends) which begins on the 14th day before the date of the election and ends on the date of the election.", "id": "HCFA528F2F3DC4CB9A5A8E613B4D08E58", "header": "Requiring early voting", "nested": [], "links": [] }, { "text": "(b) Polling place requirements \nEach polling place which allows voting during an early voting period under subsection (a) shall have the same hours for each day on which such voting occurs as the polling place has on the date of the election.", "id": "H01299B0F2F6D44C0BC97A3440F7655B9", "header": "Polling place requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "335. District of Columbia election defined \nIn this subtitle, the term District of Columbia election means any election for public office in the District of Columbia, including an election for Federal office, and any ballot initiative or referendum.", "id": "H653E2FFC2A07406997F7E0A3DE65C44E", "header": "District of Columbia election defined", "nested": [], "links": [] }, { "text": "144. Repeal of Local Resident Voting Rights Amendment Act of 2022 \nThe Local Resident Voting Rights Amendment Act of 2022 (D.C. Law 24–242) is repealed, and any provision of law amended or repealed by such Act shall be restored or revived as if such Act had not been enacted into law.", "id": "H9E53BF41B93849C4804B48B1F236E3DA", "header": "Repeal of Local Resident Voting Rights Amendment Act of 2022", "nested": [], "links": [] }, { "text": "145. Effective date \nThe amendments made by this subtitle shall apply with respect to District of Columbia elections held on or after January 1, 2024. For purposes of this section, the term District of Columbia election has the meaning given such term in section 333 of the Help America Vote Act of 2002, as added by section 143(a).", "id": "H51CD4002723A4FFEB538D4845FAD6432", "header": "Effective date", "nested": [], "links": [] }, { "text": "151. Short title \nThis subtitle may be cited as the Positioning the Election Assistance Commission for the Future Act of 2023.", "id": "HFAFA015E95504CD9B98E4171C773CBA0", "header": "Short title", "nested": [], "links": [] }, { "text": "152. Findings relating to the administration of the Election Assistance Commission \nCongress finds the following: (1) The Election Assistance Commission best serves the American people when operating within its core statutory functions, including serving as a clearinghouse for information on election administration, providing grants, and testing and certifying election equipment. (2) The American people are best served when Federal agency election assistance is offered by a single agency with expertise in this space. The Election Assistance Commission, composed of four election experts from different political parties, is best situated among the Federal government agencies to offer assistance services to citizens and to guide other Federal agencies that have responsibilities in the elections space. The Commission is also best suited to determine the timing of the issuance of any advisories and to disburse all appropriated election grant funding. (3) To this end, Congress finds that the Election Assistance Commission should be viewed as the lead Federal government agency on all election administration matters, and other Federal agencies operating in this space should look to the Commission for guidance, direction, and support on election administration-related issues.", "id": "H0210007CEB984632B37BD91C4039D390", "header": "Findings relating to the administration of the Election Assistance Commission", "nested": [], "links": [] }, { "text": "153. Requirements with respect to staff and funding of the Election Assistance Commission \n(a) Staff \nSection 204(a)(5) of the Help America Vote Act of 2002 ( 52 U.S.C. 20924(a)(5) ) is amended by striking of such additional personnel and inserting of not more than 55 full-time equivalent employees to carry out the duties and responsibilities under this Act and the additional duties and responsibilities required under the American Confidence in Elections Act. (b) Funding \nSection 210 of the Help America Vote Act of 2002 ( 52 U.S.C. 20930 ) is amended— (1) by striking for each of the fiscal years 2003 through 2005 and inserting for each of the fiscal years 2024 through 2026 ; and (2) by striking (but not to exceed $10,000,000 for each such year) and inserting (but not to exceed $25,000,000 for each such year). (c) Prohibition on certain use of funds \n(1) Prohibition \nNone of the funds authorized to be appropriated or otherwise made available under subsection (b) may be obligated or expended for the operation of an advisory committee established by the Election Assistance Commission pursuant to and in accordance with the provisions of the Federal Advisory Committee Act ( 5 U.S.C. App. 2 ), except with respect to the operation of the Local Leadership Council. (2) No effect on entities established by Help America Vote Act of 2002 \nParagraph (1) does not apply with respect to the operation of any entity established by the Help America Vote Act of 2002, including the Election Assistance Commission Standards Board, the Election Assistance Commission Board of Advisors, and the Technical Guidelines Development Committee. (d) Requirements with respect to compensation of members of the Commission \nSection 203(d) of the Help America Vote Act of 2002 ( 52 U.S.C. 20923(d) ) is amended— (1) in paragraph (1), by striking at the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code and inserting at an annual rate of basic pay equal to the lesser of the amount of $176,300, as adjusted under section 5318 of title 5, United States Code, in the same manner as the annual rate of pay for positions at each level of the Executive Schedule, or 90 percent of the annual rate of pay for a member of the Federal Election Commission (but in no case lower than the rate applicable for the pay period occurring on the date of the enactment of the ACE Act) ; (2) in paragraph (2), by striking No member appointed and inserting Except as provided in paragraph (3), no member appointed ; and (3) by adding at the end the following new paragraph: (3) Supplemental employment and compensation \nAn individual serving a term of service on the Commission shall be permitted to hold a position at an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) if— (A) the General Counsel of the Election Assistance Commission determines that such position does not create a conflict of interest with the individual’s position as a sitting member of the Commission and grants the individual approval to hold the position; and (B) the annual rate of compensation received by the individual from such institution is not greater than the amount equal to 49.9% of the annual rate of basic pay paid to the individual under paragraph (1).. (e) Office of Inspector General \nSection 204 of the Help America Vote Act of 2002 ( 52 U.S.C. 20924 ) is amended by adding at the end the following new subsection: (f) Office of Inspector General \nIn consultation with the Office of the Inspector General of the Commission, the Commission shall establish annually a budget and a number of full-time equivalent employees for the Office of the Inspector General which will ensure that the Office has sufficient funding and personnel to carry out the duties and responsibilities under section 404 of title 5, United States Code.. (f) Effective date \nThis section and the amendments made by this section shall take effect on October 1, 2025.", "id": "H0EA4D4A222554C98A1956A7AD0146D6C", "header": "Requirements with respect to staff and funding of the Election Assistance Commission", "nested": [ { "text": "(a) Staff \nSection 204(a)(5) of the Help America Vote Act of 2002 ( 52 U.S.C. 20924(a)(5) ) is amended by striking of such additional personnel and inserting of not more than 55 full-time equivalent employees to carry out the duties and responsibilities under this Act and the additional duties and responsibilities required under the American Confidence in Elections Act.", "id": "HCD35DB0627D34E3B9E8A5B5DF2B4D992", "header": "Staff", "nested": [], "links": [ { "text": "52 U.S.C. 20924(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/52/20924" } ] }, { "text": "(b) Funding \nSection 210 of the Help America Vote Act of 2002 ( 52 U.S.C. 20930 ) is amended— (1) by striking for each of the fiscal years 2003 through 2005 and inserting for each of the fiscal years 2024 through 2026 ; and (2) by striking (but not to exceed $10,000,000 for each such year) and inserting (but not to exceed $25,000,000 for each such year).", "id": "H1BD563096A8F463694C669E13A5E66E2", "header": "Funding", "nested": [], "links": [ { "text": "52 U.S.C. 20930", "legal-doc": "usc", "parsable-cite": "usc/52/20930" } ] }, { "text": "(c) Prohibition on certain use of funds \n(1) Prohibition \nNone of the funds authorized to be appropriated or otherwise made available under subsection (b) may be obligated or expended for the operation of an advisory committee established by the Election Assistance Commission pursuant to and in accordance with the provisions of the Federal Advisory Committee Act ( 5 U.S.C. App. 2 ), except with respect to the operation of the Local Leadership Council. (2) No effect on entities established by Help America Vote Act of 2002 \nParagraph (1) does not apply with respect to the operation of any entity established by the Help America Vote Act of 2002, including the Election Assistance Commission Standards Board, the Election Assistance Commission Board of Advisors, and the Technical Guidelines Development Committee.", "id": "H9654285CBF474CFD9C7CE04C913E76B4", "header": "Prohibition on certain use of funds", "nested": [], "links": [ { "text": "5 U.S.C. App. 2", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/5/2" } ] }, { "text": "(d) Requirements with respect to compensation of members of the Commission \nSection 203(d) of the Help America Vote Act of 2002 ( 52 U.S.C. 20923(d) ) is amended— (1) in paragraph (1), by striking at the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code and inserting at an annual rate of basic pay equal to the lesser of the amount of $176,300, as adjusted under section 5318 of title 5, United States Code, in the same manner as the annual rate of pay for positions at each level of the Executive Schedule, or 90 percent of the annual rate of pay for a member of the Federal Election Commission (but in no case lower than the rate applicable for the pay period occurring on the date of the enactment of the ACE Act) ; (2) in paragraph (2), by striking No member appointed and inserting Except as provided in paragraph (3), no member appointed ; and (3) by adding at the end the following new paragraph: (3) Supplemental employment and compensation \nAn individual serving a term of service on the Commission shall be permitted to hold a position at an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) if— (A) the General Counsel of the Election Assistance Commission determines that such position does not create a conflict of interest with the individual’s position as a sitting member of the Commission and grants the individual approval to hold the position; and (B) the annual rate of compensation received by the individual from such institution is not greater than the amount equal to 49.9% of the annual rate of basic pay paid to the individual under paragraph (1)..", "id": "H73D7102D6735419A8AA55A6ACC6DC863", "header": "Requirements with respect to compensation of members of the Commission", "nested": [], "links": [ { "text": "52 U.S.C. 20923(d)", "legal-doc": "usc", "parsable-cite": "usc/52/20923" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "(e) Office of Inspector General \nSection 204 of the Help America Vote Act of 2002 ( 52 U.S.C. 20924 ) is amended by adding at the end the following new subsection: (f) Office of Inspector General \nIn consultation with the Office of the Inspector General of the Commission, the Commission shall establish annually a budget and a number of full-time equivalent employees for the Office of the Inspector General which will ensure that the Office has sufficient funding and personnel to carry out the duties and responsibilities under section 404 of title 5, United States Code..", "id": "HF5CD32AD0EE74C4AAB04D9BC6DC4E799", "header": "Office of Inspector General", "nested": [], "links": [ { "text": "52 U.S.C. 20924", "legal-doc": "usc", "parsable-cite": "usc/52/20924" } ] }, { "text": "(f) Effective date \nThis section and the amendments made by this section shall take effect on October 1, 2025.", "id": "HA9EC6763CD6D47FD8ECB75BF6F3F1E7F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20924(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/52/20924" }, { "text": "52 U.S.C. 20930", "legal-doc": "usc", "parsable-cite": "usc/52/20930" }, { "text": "5 U.S.C. App. 2", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/5/2" }, { "text": "52 U.S.C. 20923(d)", "legal-doc": "usc", "parsable-cite": "usc/52/20923" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "52 U.S.C. 20924", "legal-doc": "usc", "parsable-cite": "usc/52/20924" } ] }, { "text": "154. General requirements for payments made by Election Assistance Commission \n(a) Exclusive authority of Election Assistance Commission To make election administration payments to States \nNo entity of the Federal Government other than the Election Assistance Commission may make any payment to a State for purposes of administering elections for Federal office, including obtaining election and voting equipment and infrastructure (including software), enhancing election and voting technology, and making election and voting security improvements, including with respect to cybersecurity and infrastructure (including software). (b) Prohibiting use of payments for get-Out-the-Vote-Activity; other requirements for payments made by Commission \nSubtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ) is amended by adding at the end the following new part: 7 General Requirements for Payments \n297. Prohibiting use of payments for get-out-the-vote-activity \n(a) Prohibition \nNo payment made to a State or unit of local government by the Commission under this Act or any other Act or any other Federal funds made available to a State or unit of local government may be used for get-out-the-vote activity. (b) Definition \nIn this section, the term get-out-the-vote activity means, with respect to a payment made to a State or unit of local government, any activity which, at the time the payment is made, is treated as get-out-the-vote-activity under the Federal Election Campaign Act of 1971 and the regulations promulgated by the Federal Election Commission to carry out such Act, or similar activity which is targeted, or may be reasonably assumed to be targeted, at particular voters and groups of voters on the basis of political affiliation, their expected votes, their place of residence, or some other demographic factor.. (c) Requiring disclaimer in communications \nPart 7 of subtitle D of title II of such Act, as added by subsection (b), is amended by adding at the end the following new section: 297A. Requiring communications funded by payments to include disclaimer \n(a) Requirement \nIf a State or unit of local government disseminates a public communication which was developed or disseminated in whole or in part with a payment made to the State or a unit of local government by the Commission under this Act or any other Act, the State or unit of local government shall ensure that the communication includes, in a clear and conspicuous manner, the following statement: Paid for using Federal taxpayer funds pursuant to the Help America Vote Act. (b) Clear and conspicuous manner described \nA statement required under subsection (a) shall be considered to be in a clear and conspicuous manner if the statement meets the following requirements: (1) Text or graphic communications \nIn the case of a text or graphic communication, the statement— (A) appears in letters at least as legible as the majority of the text in the communication; (B) is contained in a printed box set apart from the other contents of the communication; and (C) is printed with a reasonable degree of color contrast between the background and the printed statement. (2) Audio communications \nIn the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (3) Video communications \nIn the case of a video communication, the statement— (A) is included at either the beginning or the end of the communication; and (B) is made in a written format that meets the requirements of subparagraphs (A) and (C) of paragraph (1) and appears for at least 4 seconds. (4) Other communications \nIn the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in paragraph (1), (2), or (3). (c) Public communication \nIn this section, the term public communication means a communication relating to the administration of an election for Federal office by means of any broadcast, cable, or satellite communication, internet communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public advertising. 297B. Guidance on use of payments \n(a) Requiring establishment and publication on guidance \nThe Commission shall establish and publish clear guidance on the permissible use of any payments made by the Commission to States and units of local government under this Act or any other Act. (b) Requirements for guidance \nThe guidance established under this section shall meet the following requirements: (1) The guidance shall be consistent for all States and units of local government. (2) The guidance shall be available to the public. (3) If the Commission revises any previously established and published guidance under this section, the revision may not take effect until after the next regularly scheduled general election for Federal office, and the Commission shall provide and publish its reasons for the revision. (c) Application of guidance to audits \nIf the Commission conducts any audit of the use of a payment to a State or unit of local government, it shall base the audit on the compliance of the State or unit of local government with the applicable guidance under this section and the applicable requirements of this Act. (d) Uniform terms for reports \nIn cooperation and consultation with States, the Commission shall establish a set of uniform terms for States and units of local government to use for any reports submitted to the Commission on the use of payments made by the Commission under this Act or any other Act.. (d) Clerical amendment \nThe table of contents of such Act is amended by inserting at the end of the items relating to subtitle D of title II the following: Part 7—General Requirements for Payments Sec. 297. Prohibiting use of payments for get-out-the-vote-activity. Sec. 297A. Requiring communications funded by payments to include disclaimer. Sec. 297B. Guidance on use of payments.. (e) Effective date \nThis section and the amendments made by this section shall apply with respect to payments made on or after the date that is 30 days after the date of the enactment of this Act.", "id": "H163083AF4DC342FBABB2825CAAAD0256", "header": "General requirements for payments made by Election Assistance Commission", "nested": [ { "text": "(a) Exclusive authority of Election Assistance Commission To make election administration payments to States \nNo entity of the Federal Government other than the Election Assistance Commission may make any payment to a State for purposes of administering elections for Federal office, including obtaining election and voting equipment and infrastructure (including software), enhancing election and voting technology, and making election and voting security improvements, including with respect to cybersecurity and infrastructure (including software).", "id": "HB12D9BD401414F53A0E2AEFA47A54CC3", "header": "Exclusive authority of Election Assistance Commission To make election administration payments to States", "nested": [], "links": [] }, { "text": "(b) Prohibiting use of payments for get-Out-the-Vote-Activity; other requirements for payments made by Commission \nSubtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ) is amended by adding at the end the following new part: 7 General Requirements for Payments \n297. Prohibiting use of payments for get-out-the-vote-activity \n(a) Prohibition \nNo payment made to a State or unit of local government by the Commission under this Act or any other Act or any other Federal funds made available to a State or unit of local government may be used for get-out-the-vote activity. (b) Definition \nIn this section, the term get-out-the-vote activity means, with respect to a payment made to a State or unit of local government, any activity which, at the time the payment is made, is treated as get-out-the-vote-activity under the Federal Election Campaign Act of 1971 and the regulations promulgated by the Federal Election Commission to carry out such Act, or similar activity which is targeted, or may be reasonably assumed to be targeted, at particular voters and groups of voters on the basis of political affiliation, their expected votes, their place of residence, or some other demographic factor..", "id": "HD770B35D4C3844AAB63CA76408AFF3FB", "header": "Prohibiting use of payments for get-Out-the-Vote-Activity; other requirements for payments made by Commission", "nested": [], "links": [ { "text": "52 U.S.C. 21001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21001" } ] }, { "text": "(c) Requiring disclaimer in communications \nPart 7 of subtitle D of title II of such Act, as added by subsection (b), is amended by adding at the end the following new section: 297A. Requiring communications funded by payments to include disclaimer \n(a) Requirement \nIf a State or unit of local government disseminates a public communication which was developed or disseminated in whole or in part with a payment made to the State or a unit of local government by the Commission under this Act or any other Act, the State or unit of local government shall ensure that the communication includes, in a clear and conspicuous manner, the following statement: Paid for using Federal taxpayer funds pursuant to the Help America Vote Act. (b) Clear and conspicuous manner described \nA statement required under subsection (a) shall be considered to be in a clear and conspicuous manner if the statement meets the following requirements: (1) Text or graphic communications \nIn the case of a text or graphic communication, the statement— (A) appears in letters at least as legible as the majority of the text in the communication; (B) is contained in a printed box set apart from the other contents of the communication; and (C) is printed with a reasonable degree of color contrast between the background and the printed statement. (2) Audio communications \nIn the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (3) Video communications \nIn the case of a video communication, the statement— (A) is included at either the beginning or the end of the communication; and (B) is made in a written format that meets the requirements of subparagraphs (A) and (C) of paragraph (1) and appears for at least 4 seconds. (4) Other communications \nIn the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in paragraph (1), (2), or (3). (c) Public communication \nIn this section, the term public communication means a communication relating to the administration of an election for Federal office by means of any broadcast, cable, or satellite communication, internet communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public advertising. 297B. Guidance on use of payments \n(a) Requiring establishment and publication on guidance \nThe Commission shall establish and publish clear guidance on the permissible use of any payments made by the Commission to States and units of local government under this Act or any other Act. (b) Requirements for guidance \nThe guidance established under this section shall meet the following requirements: (1) The guidance shall be consistent for all States and units of local government. (2) The guidance shall be available to the public. (3) If the Commission revises any previously established and published guidance under this section, the revision may not take effect until after the next regularly scheduled general election for Federal office, and the Commission shall provide and publish its reasons for the revision. (c) Application of guidance to audits \nIf the Commission conducts any audit of the use of a payment to a State or unit of local government, it shall base the audit on the compliance of the State or unit of local government with the applicable guidance under this section and the applicable requirements of this Act. (d) Uniform terms for reports \nIn cooperation and consultation with States, the Commission shall establish a set of uniform terms for States and units of local government to use for any reports submitted to the Commission on the use of payments made by the Commission under this Act or any other Act..", "id": "HEEF7982B8BAD402C9250D4DF174FD85E", "header": "Requiring disclaimer in communications", "nested": [], "links": [] }, { "text": "(d) Clerical amendment \nThe table of contents of such Act is amended by inserting at the end of the items relating to subtitle D of title II the following: Part 7—General Requirements for Payments Sec. 297. Prohibiting use of payments for get-out-the-vote-activity. Sec. 297A. Requiring communications funded by payments to include disclaimer. Sec. 297B. Guidance on use of payments..", "id": "HC9CC0286BED44B589260228A291B1995", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(e) Effective date \nThis section and the amendments made by this section shall apply with respect to payments made on or after the date that is 30 days after the date of the enactment of this Act.", "id": "HD9F9AEE270E14B518E845F16F3D8A9FB", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21001" } ] }, { "text": "297. Prohibiting use of payments for get-out-the-vote-activity \n(a) Prohibition \nNo payment made to a State or unit of local government by the Commission under this Act or any other Act or any other Federal funds made available to a State or unit of local government may be used for get-out-the-vote activity. (b) Definition \nIn this section, the term get-out-the-vote activity means, with respect to a payment made to a State or unit of local government, any activity which, at the time the payment is made, is treated as get-out-the-vote-activity under the Federal Election Campaign Act of 1971 and the regulations promulgated by the Federal Election Commission to carry out such Act, or similar activity which is targeted, or may be reasonably assumed to be targeted, at particular voters and groups of voters on the basis of political affiliation, their expected votes, their place of residence, or some other demographic factor.", "id": "HAA04863F93DF4664BB9577932368620D", "header": "Prohibiting use of payments for get-out-the-vote-activity", "nested": [ { "text": "(a) Prohibition \nNo payment made to a State or unit of local government by the Commission under this Act or any other Act or any other Federal funds made available to a State or unit of local government may be used for get-out-the-vote activity.", "id": "H3D445BF38DCB457288C5EE56BA5BF0C4", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Definition \nIn this section, the term get-out-the-vote activity means, with respect to a payment made to a State or unit of local government, any activity which, at the time the payment is made, is treated as get-out-the-vote-activity under the Federal Election Campaign Act of 1971 and the regulations promulgated by the Federal Election Commission to carry out such Act, or similar activity which is targeted, or may be reasonably assumed to be targeted, at particular voters and groups of voters on the basis of political affiliation, their expected votes, their place of residence, or some other demographic factor.", "id": "HEB2838647ECC49919D1E583324A9D1C1", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "text": "297A. Requiring communications funded by payments to include disclaimer \n(a) Requirement \nIf a State or unit of local government disseminates a public communication which was developed or disseminated in whole or in part with a payment made to the State or a unit of local government by the Commission under this Act or any other Act, the State or unit of local government shall ensure that the communication includes, in a clear and conspicuous manner, the following statement: Paid for using Federal taxpayer funds pursuant to the Help America Vote Act. (b) Clear and conspicuous manner described \nA statement required under subsection (a) shall be considered to be in a clear and conspicuous manner if the statement meets the following requirements: (1) Text or graphic communications \nIn the case of a text or graphic communication, the statement— (A) appears in letters at least as legible as the majority of the text in the communication; (B) is contained in a printed box set apart from the other contents of the communication; and (C) is printed with a reasonable degree of color contrast between the background and the printed statement. (2) Audio communications \nIn the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (3) Video communications \nIn the case of a video communication, the statement— (A) is included at either the beginning or the end of the communication; and (B) is made in a written format that meets the requirements of subparagraphs (A) and (C) of paragraph (1) and appears for at least 4 seconds. (4) Other communications \nIn the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in paragraph (1), (2), or (3). (c) Public communication \nIn this section, the term public communication means a communication relating to the administration of an election for Federal office by means of any broadcast, cable, or satellite communication, internet communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public advertising.", "id": "H0B204A2B16B146E19CC8F35488C87418", "header": "Requiring communications funded by payments to include disclaimer", "nested": [ { "text": "(a) Requirement \nIf a State or unit of local government disseminates a public communication which was developed or disseminated in whole or in part with a payment made to the State or a unit of local government by the Commission under this Act or any other Act, the State or unit of local government shall ensure that the communication includes, in a clear and conspicuous manner, the following statement: Paid for using Federal taxpayer funds pursuant to the Help America Vote Act.", "id": "H720E665631E6483B8507187EEEA78098", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Clear and conspicuous manner described \nA statement required under subsection (a) shall be considered to be in a clear and conspicuous manner if the statement meets the following requirements: (1) Text or graphic communications \nIn the case of a text or graphic communication, the statement— (A) appears in letters at least as legible as the majority of the text in the communication; (B) is contained in a printed box set apart from the other contents of the communication; and (C) is printed with a reasonable degree of color contrast between the background and the printed statement. (2) Audio communications \nIn the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (3) Video communications \nIn the case of a video communication, the statement— (A) is included at either the beginning or the end of the communication; and (B) is made in a written format that meets the requirements of subparagraphs (A) and (C) of paragraph (1) and appears for at least 4 seconds. (4) Other communications \nIn the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in paragraph (1), (2), or (3).", "id": "HB157086EBDA8448EAB21FD4711E7ECB1", "header": "Clear and conspicuous manner described", "nested": [], "links": [] }, { "text": "(c) Public communication \nIn this section, the term public communication means a communication relating to the administration of an election for Federal office by means of any broadcast, cable, or satellite communication, internet communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public advertising.", "id": "HF7874400EE8D4F26987E15164AC700CC", "header": "Public communication", "nested": [], "links": [] } ], "links": [] }, { "text": "297B. Guidance on use of payments \n(a) Requiring establishment and publication on guidance \nThe Commission shall establish and publish clear guidance on the permissible use of any payments made by the Commission to States and units of local government under this Act or any other Act. (b) Requirements for guidance \nThe guidance established under this section shall meet the following requirements: (1) The guidance shall be consistent for all States and units of local government. (2) The guidance shall be available to the public. (3) If the Commission revises any previously established and published guidance under this section, the revision may not take effect until after the next regularly scheduled general election for Federal office, and the Commission shall provide and publish its reasons for the revision. (c) Application of guidance to audits \nIf the Commission conducts any audit of the use of a payment to a State or unit of local government, it shall base the audit on the compliance of the State or unit of local government with the applicable guidance under this section and the applicable requirements of this Act. (d) Uniform terms for reports \nIn cooperation and consultation with States, the Commission shall establish a set of uniform terms for States and units of local government to use for any reports submitted to the Commission on the use of payments made by the Commission under this Act or any other Act.", "id": "H5F2BB25827E14F0392468295B4DBC54C", "header": "Guidance on use of payments", "nested": [ { "text": "(a) Requiring establishment and publication on guidance \nThe Commission shall establish and publish clear guidance on the permissible use of any payments made by the Commission to States and units of local government under this Act or any other Act.", "id": "H98873D031F9C49FAA1D571C0D6E1BD73", "header": "Requiring establishment and publication on guidance", "nested": [], "links": [] }, { "text": "(b) Requirements for guidance \nThe guidance established under this section shall meet the following requirements: (1) The guidance shall be consistent for all States and units of local government. (2) The guidance shall be available to the public. (3) If the Commission revises any previously established and published guidance under this section, the revision may not take effect until after the next regularly scheduled general election for Federal office, and the Commission shall provide and publish its reasons for the revision.", "id": "H9FD797F1FCFC4067A8EE3BB4F5E4D6F6", "header": "Requirements for guidance", "nested": [], "links": [] }, { "text": "(c) Application of guidance to audits \nIf the Commission conducts any audit of the use of a payment to a State or unit of local government, it shall base the audit on the compliance of the State or unit of local government with the applicable guidance under this section and the applicable requirements of this Act.", "id": "HC31B7608F75F433FB878FAF632511139", "header": "Application of guidance to audits", "nested": [], "links": [] }, { "text": "(d) Uniform terms for reports \nIn cooperation and consultation with States, the Commission shall establish a set of uniform terms for States and units of local government to use for any reports submitted to the Commission on the use of payments made by the Commission under this Act or any other Act.", "id": "H37980743E3614EE89AB9EAD624801BF8", "header": "Uniform terms for reports", "nested": [], "links": [] } ], "links": [] }, { "text": "155. Executive Board of the Standards Board authority to enter into contracts \nSection 213(c) of the Help America Vote Act of 2002 ( 52 U.S.C. 20943(c) ) is amended by adding at the end the following new paragraph: (5) Authority to enter into contracts \nThe Executive Board of the Standards Board may, using amounts already made available to the Commission, enter into contracts to employ and retain no more than 2 individuals to enable the Standards Board to discharge its duties with respect to the examination and release of voluntary considerations with respect to the administration of elections for Federal offices by the States under section 247, except that— (A) no more than 1 individual from the same political party may be employed under such contracts at the same time; (B) the authority to enter into such contracts shall end on the earlier of the date of the release of the considerations or December 31, 2025; and (C) no additional funds may be appropriated to the Commission for the purposes of carrying out this paragraph..", "id": "H76E5CA38EAB64CEBAD39862EA206AD8F", "header": "Executive Board of the Standards Board authority to enter into contracts", "nested": [], "links": [ { "text": "52 U.S.C. 20943(c)", "legal-doc": "usc", "parsable-cite": "usc/52/20943" } ] }, { "text": "156. Election Assistance Commission primary role in election administration assistance \n(a) In general \nExcept as provided in any other provision of law, the Election Assistance Commission shall, with respect to any other entity of the Federal Government, have primary jurisdiction to address issues with respect to the administration of elections for Federal office. (b) Exclusive authority of Election Assistance Commission To develop voluntary guidelines with respect to voting systems and nonvoting technology \nNo entity of the Federal Government other than the Election Assistance Commission may develop, adopt, issue, or oversee voluntary guidelines with respect to voting systems and any related nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002 (as added by section 129(b)) that are used in elections for Federal office.", "id": "HC0B14BE2438B42658C1E1C7A6AAC9CFB", "header": "Election Assistance Commission primary role in election administration assistance", "nested": [ { "text": "(a) In general \nExcept as provided in any other provision of law, the Election Assistance Commission shall, with respect to any other entity of the Federal Government, have primary jurisdiction to address issues with respect to the administration of elections for Federal office.", "id": "H73083F40AEB144DF942C437D3D12C222", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exclusive authority of Election Assistance Commission To develop voluntary guidelines with respect to voting systems and nonvoting technology \nNo entity of the Federal Government other than the Election Assistance Commission may develop, adopt, issue, or oversee voluntary guidelines with respect to voting systems and any related nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002 (as added by section 129(b)) that are used in elections for Federal office.", "id": "H3A78C0C340814A03AD430BA5BF0176D5", "header": "Exclusive authority of Election Assistance Commission To develop voluntary guidelines with respect to voting systems and nonvoting technology", "nested": [], "links": [] } ], "links": [] }, { "text": "157. Clarification of the duties of the Election Assistance Commission \nSection 202 of the Help America Vote Act of 2002 ( 52 U.S.C. 20922 ) is amended— (1) by striking The Commission shall serve and inserting the following: (a) In general \nThe Commission shall serve ; (2) in paragraph (1), by striking including the maintenance of a clearinghouse of information on the experiences of State and local governments in implementing the guidelines and in operating voting systems in general and inserting including, in cooperation with and for the benefit of the States and their political subdivisions, the maintenance and operation of a Federal forum for the States and their political subdivisions to discuss with other States and their political subdivisions their experiences with election administration processes, equipment, operations, training, and scheduling, as well as any other useful information relating to State administration of elections for Federal office (as described in subsection (b)) ; (3) in paragraph (2), by inserting , including any related nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002 after hardware and software ; and (4) by adding at the end the following new subsections: (b) Federal forum for discussion of election administration experiences \n(1) Membership \nThe membership of the Federal forum described in paragraph (1) of subsection (a) shall be comprised of the membership of the Standards Board and of the Local Leadership Council. (2) Maintenance of clearinghouse \nAs part of such Federal forum, the Commission shall, on behalf of and for the benefit of the States and their political subdivisions, maintain and operation a national clearinghouse of relevant information developed by or provided to the Federal forum with respect to State administration of elections for Federal office. The Commission may also include other information related to election administration that it considers useful to State and local election administrators who administer elections for Federal office, except that the Commission may not endorse a private third party, the information provided or published by a private third party, or use such information in a way that suggests that the information was created or endorsed by the Commission. (c) Special rule with respect to prioritization of duties \nThe Commission shall— (1) prioritize carrying out the duties described in paragraphs (1), (2), and (4) of subsection (a); (2) retain personnel qualified to assist the Commission in carrying out such duties; and (3) prioritize such duties in all budget requests..", "id": "H2168ED4313974D72B182D3D93692D066", "header": "Clarification of the duties of the Election Assistance Commission", "nested": [], "links": [ { "text": "52 U.S.C. 20922", "legal-doc": "usc", "parsable-cite": "usc/52/20922" } ] }, { "text": "158. Election Assistance Commission powers \nSection 205 of the Help America Vote Act of 2002 ( 52 U.S.C. 20925 ) is amended by adding at the end the following new subsection: (f) Concurrent transmissions to Congress \n(1) Budget estimate or request \nWhenever the Commission submits any budget estimate or request to the President or the Director of the Office of Management and Budget, the Commission shall concurrently transmit a copy of such estimate or request to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. (2) Legislative recommendation, testimony, or comments \nWhenever the Commission submits any legislative recommendation, testimony, or comments on legislation requested by Congress or by any Member of Congress to the President or the Office of Management and Budget, it shall concurrently transmit a copy thereof to Congress or to the Member of Congress involved (as the case may be). No officer or agency of the United States shall have any authority to require the Commission to submit its legislative recommendations, testimony, or comments on legislation to any office or agency of the United States for approval, comments, or review prior to the submission of such recommendations, testimony, or comments to the Congress or Member of Congress under the previous sentence..", "id": "H7F2C40F64B034CFCA5902A8565D97320", "header": "Election Assistance Commission powers", "nested": [], "links": [ { "text": "52 U.S.C. 20925", "legal-doc": "usc", "parsable-cite": "usc/52/20925" } ] }, { "text": "159. Membership of the Local Leadership Council \nSubtitle C of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20981 et seq. ) is amended by adding at the end the following new section: 248. Membership of the Local Leadership Council \nIn appointing members of the Local Leadership Council, the Commission shall ensure that members who represent the same State are not of the same political affiliation in their professional capacities and should reflect the goal of soliciting diverse opinions and ideas..", "id": "H671466C9E1D947F1845B1D90DEFB5AC6", "header": "Membership of the Local Leadership Council", "nested": [], "links": [ { "text": "52 U.S.C. 20981 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20981" } ] }, { "text": "248. Membership of the Local Leadership Council \nIn appointing members of the Local Leadership Council, the Commission shall ensure that members who represent the same State are not of the same political affiliation in their professional capacities and should reflect the goal of soliciting diverse opinions and ideas.", "id": "HD631F94DAAB041D5949E9D772A7D4401", "header": "Membership of the Local Leadership Council", "nested": [], "links": [] }, { "text": "160. Rule of construction \nNothing in this subtitle or the amendments made by this subtitle shall be construed as providing the Election Assistance Commission with additional regulatory authority, other than the regulatory authority required to carry out the requirements and duties under this subtitle and the amendments made by this subtitle.", "id": "HEEEB825454B045EBB1915D474560B873", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "161. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda \n(a) Short title \nThis section may be cited as the American Confidence in Elections: Keeping Foreign Money out of Ballot Measures Act. (b) In general \nChapter 29 of title 18, United States Code, is amended by adding at the end the following new section: 612. Foreign nationals making certain political contributions \n(a) Prohibition \nIt shall be unlawful for a foreign national, directly or indirectly, to make a contribution as such term is defined in section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) ) or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a State or local ballot initiative or referendum. (b) Penalty \nAny person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both. (c) Foreign national defined \nIn this section, the term foreign national has the meaning given such term in section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ).. (c) Clerical amendment \nThe table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item: 612. Foreign nationals making certain political contributions.. (d) Effective Date \nThe amendment made by this section shall apply with respect to contributions and donations made on or after the date of the enactment of this Act.", "id": "HE3B62BD3FD844656A4687945607FBDC3", "header": "Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda", "nested": [ { "text": "(a) Short title \nThis section may be cited as the American Confidence in Elections: Keeping Foreign Money out of Ballot Measures Act.", "id": "HEE7DA8B5793B412D9C205789E125A151", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) In general \nChapter 29 of title 18, United States Code, is amended by adding at the end the following new section: 612. Foreign nationals making certain political contributions \n(a) Prohibition \nIt shall be unlawful for a foreign national, directly or indirectly, to make a contribution as such term is defined in section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) ) or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a State or local ballot initiative or referendum. (b) Penalty \nAny person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both. (c) Foreign national defined \nIn this section, the term foreign national has the meaning given such term in section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) )..", "id": "H451463768D104D4AA06B35AEE5A2302B", "header": "In general", "nested": [], "links": [ { "text": "Chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" }, { "text": "52 U.S.C. 30101(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30121(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "(c) Clerical amendment \nThe table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item: 612. Foreign nationals making certain political contributions..", "id": "HD5D671AB9DB240F4A449D6443BF4E821", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" } ] }, { "text": "(d) Effective Date \nThe amendment made by this section shall apply with respect to contributions and donations made on or after the date of the enactment of this Act.", "id": "HFEF16969AD4345B1A07BFC3D6A49E2BC", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" }, { "text": "52 U.S.C. 30101(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30121(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" }, { "text": "chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" } ] }, { "text": "612. Foreign nationals making certain political contributions \n(a) Prohibition \nIt shall be unlawful for a foreign national, directly or indirectly, to make a contribution as such term is defined in section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) ) or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a State or local ballot initiative or referendum. (b) Penalty \nAny person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both. (c) Foreign national defined \nIn this section, the term foreign national has the meaning given such term in section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ).", "id": "H1C88C38FFB7E422F9C9A53A37FD3DCAA", "header": "Foreign nationals making certain political contributions", "nested": [ { "text": "(a) Prohibition \nIt shall be unlawful for a foreign national, directly or indirectly, to make a contribution as such term is defined in section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) ) or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a State or local ballot initiative or referendum.", "id": "HEE668444B2C649C99CB62D26F17D0A08", "header": "Prohibition", "nested": [], "links": [ { "text": "52 U.S.C. 30101(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Penalty \nAny person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both.", "id": "HD5247468DCB64EF59FB650063E0995F2", "header": "Penalty", "nested": [], "links": [] }, { "text": "(c) Foreign national defined \nIn this section, the term foreign national has the meaning given such term in section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ).", "id": "HC10C5549E29D4C599E12D47E56486760", "header": "Foreign national defined", "nested": [], "links": [ { "text": "52 U.S.C. 30121(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] } ], "links": [ { "text": "52 U.S.C. 30101(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30121(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "162. Prohibiting providing assistance to foreign nationals in making contributions or donations in connection with elections \n(a) Prohibition \nSection 319(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a) ) is amended— (1) in paragraph (1)(C), by striking or at the end; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) a person to knowingly help or assist a foreign national in violating this subsection.. (b) Effective date \nThe amendment made by this section shall apply with respect to contributions and donations made on or after the date of the enactment of this Act.", "id": "H678DB66ED5F54569BCBA611E9340D703", "header": "Prohibiting providing assistance to foreign nationals in making contributions or donations in connection with elections", "nested": [ { "text": "(a) Prohibition \nSection 319(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a) ) is amended— (1) in paragraph (1)(C), by striking or at the end; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) a person to knowingly help or assist a foreign national in violating this subsection..", "id": "H913D47771E6949A19D9BDD158DE792B8", "header": "Prohibition", "nested": [], "links": [ { "text": "52 U.S.C. 30121(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply with respect to contributions and donations made on or after the date of the enactment of this Act.", "id": "H216FEE647010445499FD1100303E1601", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30121(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "163. Prohibition on contributions by foreign nationals to certain tax-exempt entities \n(a) In general \nSection 319(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1) ), as amended by section 162(a), is amended— (1) in subparagraph (C), by adding or at the end; (2) by adding at the end the following new subparagraph: (D) a contribution or donation of money or other thing of value to an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code if the organization makes or expects to make a contribution to a political committee during the 4-year period which begins on the date that the foreign national made such contribution or donation to the organization; or. (b) Rule of construction regarding privacy of donor information \nSection 319 of such Act ( 52 U.S.C. 30121 ) is amended by adding at the end the following new subsection: (c) Rule of construction \nNothing in paragraph (1)(D) of subsection (a) may be construed to permit the collection, submission, or disclosure of any information in violation of the Speech Privacy Act of 2023.. (c) Effective date \nThe amendments made by this section shall apply with respect to contributions made on or after the date of the enactment of this Act.", "id": "HB300DF56AF124E838BCD9BB853F71750", "header": "Prohibition on contributions by foreign nationals to certain tax-exempt entities", "nested": [ { "text": "(a) In general \nSection 319(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1) ), as amended by section 162(a), is amended— (1) in subparagraph (C), by adding or at the end; (2) by adding at the end the following new subparagraph: (D) a contribution or donation of money or other thing of value to an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code if the organization makes or expects to make a contribution to a political committee during the 4-year period which begins on the date that the foreign national made such contribution or donation to the organization; or.", "id": "HCDDF0AB3883B4E8082F48962CD5E6EF2", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30121(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" }, { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(b) Rule of construction regarding privacy of donor information \nSection 319 of such Act ( 52 U.S.C. 30121 ) is amended by adding at the end the following new subsection: (c) Rule of construction \nNothing in paragraph (1)(D) of subsection (a) may be construed to permit the collection, submission, or disclosure of any information in violation of the Speech Privacy Act of 2023..", "id": "HE234F782ED9B4B8D876C2D3E12614EE7", "header": "Rule of construction regarding privacy of donor information", "nested": [], "links": [ { "text": "52 U.S.C. 30121", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to contributions made on or after the date of the enactment of this Act.", "id": "HE4314CF764554C128B118EC5A2C16B77", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30121(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" }, { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "52 U.S.C. 30121", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "171. Short title \nThis subtitle may be cited as the Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act.", "id": "HC74F2524A7BD41CDA92A2104F8EFC8C8", "header": "Short title", "nested": [], "links": [] }, { "text": "172. Establishment of panel of constitutional experts \n(a) Establishment \nThere is established the Twentieth Amendment Section Four Panel (in this section referred to as the Panel ). (b) Membership \n(1) In general \nThe Panel shall be composed of 6 constitutional experts, of whom— (A) 1 shall be appointed by the majority leader of the Senate; (B) 1 shall be appointed by the minority leader of the Senate; (C) 1 shall be appointed jointly by the majority and minority leader of the Senate; (D) 1 shall be appointed by the Speaker of the House of Representatives; (E) 1 shall be appointed by minority leader of the House of Representatives; and (F) 1 shall be appointed jointly by the Speaker of the House of Representatives and the minority leader of the House of Representatives. (2) Date \nThe appointments of the members of the Panel shall be made not later than 180 days after the date of enactment of this Act. (3) Vacancy \nAny vacancy occurring in the membership of the Panel shall be filled in the same manner in which the original appointment was made. (4) Chairperson and Vice Chairperson \nThe Panel shall select a Chairperson and Vice Chairperson from among the members of the Panel. (c) Purpose \nThe purpose of the Panel shall be to recommend to Congress model legislation, which shall provide for an appropriate process, pursuant to section 4 of the Twentieth Amendment to the United States Constitution, to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election. (d) Reports \n(1) Initial report \nNot later than 1 year after the date on which all of the appointments have been made under subsection (b)(2), the Panel shall submit to Congress an interim report containing the Panel’s findings, conclusions, and recommendations. (2) Final report \nNot later than 6 months after the submission of the interim report under paragraph (1), the Panel shall submit to Congress a final report containing the Panel’s findings, conclusions, and recommendations. (e) Meetings; information \n(1) In general \nMeetings of the Panel shall be held at the Law Library of Congress. (2) Information \nThe Panel may secure from the Law Library of Congress such information as the Panel considers necessary to carry out the provisions of this section. (f) Funds \n(1) Compensation of members \nMembers of the Panel shall receive no compensation. (2) Other funding \nNo amounts shall be appropriated for the purposes of this section, except for any amounts strictly necessary for the Law Library of Congress to execute its responsibilities under subsection (e). (g) Termination \n(1) In general \nThe panel established under subsection (a) shall terminate 90 days after the date on which the panel submits the final report required under subsection (d)(2). (2) Records \nUpon termination of the panel, all of its records shall become the records of the Secretary of the Senate and the Clerk of the House of Representatives.", "id": "HD6EB151490034124B7C459F0B4B426BE", "header": "Establishment of panel of constitutional experts", "nested": [ { "text": "(a) Establishment \nThere is established the Twentieth Amendment Section Four Panel (in this section referred to as the Panel ).", "id": "HCE1A8A7DE8BF4D7B862541093310911F", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) In general \nThe Panel shall be composed of 6 constitutional experts, of whom— (A) 1 shall be appointed by the majority leader of the Senate; (B) 1 shall be appointed by the minority leader of the Senate; (C) 1 shall be appointed jointly by the majority and minority leader of the Senate; (D) 1 shall be appointed by the Speaker of the House of Representatives; (E) 1 shall be appointed by minority leader of the House of Representatives; and (F) 1 shall be appointed jointly by the Speaker of the House of Representatives and the minority leader of the House of Representatives. (2) Date \nThe appointments of the members of the Panel shall be made not later than 180 days after the date of enactment of this Act. (3) Vacancy \nAny vacancy occurring in the membership of the Panel shall be filled in the same manner in which the original appointment was made. (4) Chairperson and Vice Chairperson \nThe Panel shall select a Chairperson and Vice Chairperson from among the members of the Panel.", "id": "H36E38032AF0B4E49BB1C322467C4BABE", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Purpose \nThe purpose of the Panel shall be to recommend to Congress model legislation, which shall provide for an appropriate process, pursuant to section 4 of the Twentieth Amendment to the United States Constitution, to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election.", "id": "H09D2905E723D4822A8D15C23A7664BE1", "header": "Purpose", "nested": [], "links": [] }, { "text": "(d) Reports \n(1) Initial report \nNot later than 1 year after the date on which all of the appointments have been made under subsection (b)(2), the Panel shall submit to Congress an interim report containing the Panel’s findings, conclusions, and recommendations. (2) Final report \nNot later than 6 months after the submission of the interim report under paragraph (1), the Panel shall submit to Congress a final report containing the Panel’s findings, conclusions, and recommendations.", "id": "H4C4EA3971B254B66BE6EE302B8C97627", "header": "Reports", "nested": [], "links": [] }, { "text": "(e) Meetings; information \n(1) In general \nMeetings of the Panel shall be held at the Law Library of Congress. (2) Information \nThe Panel may secure from the Law Library of Congress such information as the Panel considers necessary to carry out the provisions of this section.", "id": "H5B134B3F129447FEAEB97B9127684166", "header": "Meetings; information", "nested": [], "links": [] }, { "text": "(f) Funds \n(1) Compensation of members \nMembers of the Panel shall receive no compensation. (2) Other funding \nNo amounts shall be appropriated for the purposes of this section, except for any amounts strictly necessary for the Law Library of Congress to execute its responsibilities under subsection (e).", "id": "H5C60988DD47D4E48B7A1D84BF2177261", "header": "Funds", "nested": [], "links": [] }, { "text": "(g) Termination \n(1) In general \nThe panel established under subsection (a) shall terminate 90 days after the date on which the panel submits the final report required under subsection (d)(2). (2) Records \nUpon termination of the panel, all of its records shall become the records of the Secretary of the Senate and the Clerk of the House of Representatives.", "id": "HC8B2F77AD90844D5AFC32EA04F34C040", "header": "Termination", "nested": [], "links": [] } ], "links": [] }, { "text": "200. Short title \nThis title may be cited as the American Confidence in Elections: Military Voting Rights Study Act of 2023.", "id": "H60789D79E09D4E63832D476D1FE29864", "header": "Short title", "nested": [], "links": [] }, { "text": "201. Findings relating to military voting \nCongress finds the following: (1) Participation in the voting process by Americans who serve in the Armed Forces is vital to the future of the Republic; however, due to the realities of service around the globe and despite many best efforts, the Nation has not always lived up to its commitment to servicemembers that their vote be counted. (2) The Military and Overseas Empowerment (MOVE) Act made great progress in solving problems with voting that many servicemembers faced. Yet, for many, it is still difficult to exercise the franchise, with many ballots not reaching State elections officials until after the deadline, negating their voice. After 14 years, Congress must address the remaining issues. (3) Congress finds that it is a moral imperative of national importance that every eligible American servicemember has the opportunity to cast a ballot in each election and, not only that such ballot be received in time to be counted, but that it actually be counted according to law.", "id": "H6E58F1B8BA6749C2921743C6B1B10331", "header": "Findings relating to military voting", "nested": [], "links": [] }, { "text": "211. Government Accountability Office report on implementation of Uniformed and Overseas Citizens Absentee Voting Act and improving access to voter registration information and assistance for absent uniformed services voters \n(a) In general \nThe Comptroller General of the United States shall conduct— (1) an analysis of the effectiveness of the Federal Government in carrying out its responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ) to promote access to voting for absent uniformed services voters; and (2) a study on means for improving access to voter registration information and assistance for members of the Armed Forces and their family members. (b) Elements \n(1) Analysis \nThe analysis required by subsection (a)(1) shall include analysis of the following: (A) Data and information pertaining to the transmission of ballots to absent unformed services voters. (B) Data and information pertaining to the methods of transmission of voted ballots from absent uniformed services voters, including the efficacy and security of such methods. (C) Data and information pertaining to the treatment by election officials of voted ballots transmitted by absent uniformed services voters, including— (i) the rate at which such ballots are counted in elections; (ii) the rate at which such ballots are rejected in elections; and (iii) the reasons for such rejections. (D) An analysis of the effectiveness of the assistance provided to absent uniformed services voters by Voting Assistance Officers of the Federal Voting Assistance Program of the Department of Defense. (E) A review of the extent of coordination between Voting Assistance Officers and State and local election officials. (F) Information regarding such other issues relating to the ability of absent uniformed services voters to register to vote, vote, and have their ballots counted in elections for Federal office. (G) Data and information pertaining to— (i) the awareness of members of the Armed Forces and their family members of the requirement under section 1566a of title 10, United States Code, that the Secretaries of the military departments provide voter registration information and assistance; and (ii) whether members of the Armed Forces and their family members received such information and assistance at the times required by subsection (c) of that section. (2) Study \nThe study required by subsection (a)(2) shall include the following: (A) An assessment of potential actions to be undertaken by the Secretary of each military department to increase access to voter registration information and assistance for members of the Armed Forces and their family members. (B) An estimate of the costs and requirements to fully meet the needs of members of the Armed Forces for access to voter registration information and assistance. (c) Methods \nIn conducting the analysis and study required by subsection (a), the Comptroller General shall, in cooperation and consultation with the Secretaries of the military departments— (1) use existing information from available government and other public sources; and (2) acquire, through the Comptroller General’s own investigations, interviews, and analysis, such other information as the Comptroller General requires to conduct the analysis and study. (d) Report required \nNot later than September 30, 2025, the Comptroller General shall submit to the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives a report on the analysis and study required by subsection (a). (e) Definitions \nIn this section: (1) Absent uniformed services voter \nThe term absent uniformed services voter has the meaning given that term in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310 ). (2) Family member \nThe term family member , with respect to a member of the Armed Forces, means a spouse and other dependent (as defined in section 1072 of title 10, United States Code) of the member.", "id": "HAE40C3E8FB494693A282C597973FA2C5", "header": "Government Accountability Office report on implementation of Uniformed and Overseas Citizens Absentee Voting Act and improving access to voter registration information and assistance for absent uniformed services voters", "nested": [ { "text": "(a) In general \nThe Comptroller General of the United States shall conduct— (1) an analysis of the effectiveness of the Federal Government in carrying out its responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ) to promote access to voting for absent uniformed services voters; and (2) a study on means for improving access to voter registration information and assistance for members of the Armed Forces and their family members.", "id": "HE7D85FDFBDCF4370B3610EB2AE57E725", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] }, { "text": "(b) Elements \n(1) Analysis \nThe analysis required by subsection (a)(1) shall include analysis of the following: (A) Data and information pertaining to the transmission of ballots to absent unformed services voters. (B) Data and information pertaining to the methods of transmission of voted ballots from absent uniformed services voters, including the efficacy and security of such methods. (C) Data and information pertaining to the treatment by election officials of voted ballots transmitted by absent uniformed services voters, including— (i) the rate at which such ballots are counted in elections; (ii) the rate at which such ballots are rejected in elections; and (iii) the reasons for such rejections. (D) An analysis of the effectiveness of the assistance provided to absent uniformed services voters by Voting Assistance Officers of the Federal Voting Assistance Program of the Department of Defense. (E) A review of the extent of coordination between Voting Assistance Officers and State and local election officials. (F) Information regarding such other issues relating to the ability of absent uniformed services voters to register to vote, vote, and have their ballots counted in elections for Federal office. (G) Data and information pertaining to— (i) the awareness of members of the Armed Forces and their family members of the requirement under section 1566a of title 10, United States Code, that the Secretaries of the military departments provide voter registration information and assistance; and (ii) whether members of the Armed Forces and their family members received such information and assistance at the times required by subsection (c) of that section. (2) Study \nThe study required by subsection (a)(2) shall include the following: (A) An assessment of potential actions to be undertaken by the Secretary of each military department to increase access to voter registration information and assistance for members of the Armed Forces and their family members. (B) An estimate of the costs and requirements to fully meet the needs of members of the Armed Forces for access to voter registration information and assistance.", "id": "HD69DBD146CB04F818961CBD5D9E28630", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Methods \nIn conducting the analysis and study required by subsection (a), the Comptroller General shall, in cooperation and consultation with the Secretaries of the military departments— (1) use existing information from available government and other public sources; and (2) acquire, through the Comptroller General’s own investigations, interviews, and analysis, such other information as the Comptroller General requires to conduct the analysis and study.", "id": "HD6626F4CC9B9432E9948EC9038241C06", "header": "Methods", "nested": [], "links": [] }, { "text": "(d) Report required \nNot later than September 30, 2025, the Comptroller General shall submit to the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives a report on the analysis and study required by subsection (a).", "id": "HBA2A44C3ACF94C2EB9D5AD2C2C76D8BB", "header": "Report required", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Absent uniformed services voter \nThe term absent uniformed services voter has the meaning given that term in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310 ). (2) Family member \nThe term family member , with respect to a member of the Armed Forces, means a spouse and other dependent (as defined in section 1072 of title 10, United States Code) of the member.", "id": "H0B3106EBF2314C47A9B0C9A7F578B859", "header": "Definitions", "nested": [], "links": [ { "text": "52 U.S.C. 20310", "legal-doc": "usc", "parsable-cite": "usc/52/20310" } ] } ], "links": [ { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20310", "legal-doc": "usc", "parsable-cite": "usc/52/20310" } ] }, { "text": "300. Short title \nThis title may be cited as the First Amendment Protection Act.", "id": "HA992D6C076134EEF8E6BFA574AF3E800", "header": "Short title", "nested": [], "links": [] }, { "text": "301. Findings \nCongress finds the following: (1) The structure of the Constitution and its amendments represents the radical idea that any sovereign power exercised by the Federal government flows either directly from the people or through the States they established to govern themselves. In the words of the Ninth and Tenth Amendments, [t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.. (2) Among the many freedoms it protects, the First Amendment prevents Congress from making any law abridging the freedom of speech, the right of the people peaceably to assemble, or the right of the people to petition the Government for the redress of grievances. (3) Any proposed Federal action concerning freedom of speech, protest, or petition must start with an analysis of the First Amendment. Congress must ask whether the proposed action would abridge these freedoms, and any uncertainty must be determined in favor of fewer restrictions on speech. (4) In particular, political speech, uttered in the furtherance of self-government, must raise an even higher bar to congressional abridgement. The mechanisms and media used to offer political speech must realize the same protections. (5) As the Supreme Court has recognized, the Constitution grants Congress only a very narrow interest in the regulation of political speech, the prevention of corruption or the appearance of corruption. Buckley v. Valeo, 424 U.S. 1, 25–26 (1976); Federal Election Commission v. National Conservative Political Action Commission, 470 U.S. 480, 497 (1985); Citizens United v. Federal Election Commission, 558 U.S. 310, 359 (2010); McCutcheon v. Federal Election Commission, 572 U.S. 185, 207 (2014); Cruz v. Federal Election Commission, 142 S.Ct. 1638, 1652 (2022). (6) In order to uphold and effectuate the Constitution, any Federal statute that goes beyond this interest must be repealed, and Congress must exercise its article 1 authorities to do so.", "id": "H77C7606796864F9DBF97FD80B1D2EC1A", "header": "Findings", "nested": [], "links": [] }, { "text": "302. Repeal of limits on coordinated political party expenditures \n(a) Repeal of Limits \nSection 315(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (1)— (A) by striking may make expenditures and inserting may make expenditures, including coordinated expenditures, , and (B) by striking Federal office, subject to the limitations contained in paragraphs (2), (3), and (4) of this subsection and inserting Federal office in any amount ; and (2) by striking paragraphs (2), (3), (4), and (5). (b) Clarifying treatment of certain party communications as coordinated expenditures \nSection 315(d) of such Act ( 52 U.S.C. 30116(d) ), as amended by subsection (a), is amended by adding at the end the following new paragraph: (2) For purposes of this subsection, a communication shall be treated as a coordinated expenditure in connection with the campaign of a candidate only if the public communication is paid for by a committee of a political party or its agent, refers to a clearly identified House or Senate candidate, and is publicly distributed or otherwise publicly disseminated in the clearly identified candidate’s jurisdiction.. (c) Conforming amendment relating to Indexing \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (1) in paragraph (1)(B)(i), by striking (d), ; and (2) in paragraph (2)(B)(i), by striking subsections (b) and (d) and inserting subsection (b). (d) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HD4DC742632A749D3AF154BDF1EDFDBB3", "header": "Repeal of limits on coordinated political party expenditures", "nested": [ { "text": "(a) Repeal of Limits \nSection 315(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (1)— (A) by striking may make expenditures and inserting may make expenditures, including coordinated expenditures, , and (B) by striking Federal office, subject to the limitations contained in paragraphs (2), (3), and (4) of this subsection and inserting Federal office in any amount ; and (2) by striking paragraphs (2), (3), (4), and (5).", "id": "H7D4FBF9914F94AAE800DE5FD3A587971", "header": "Repeal of Limits", "nested": [], "links": [ { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(b) Clarifying treatment of certain party communications as coordinated expenditures \nSection 315(d) of such Act ( 52 U.S.C. 30116(d) ), as amended by subsection (a), is amended by adding at the end the following new paragraph: (2) For purposes of this subsection, a communication shall be treated as a coordinated expenditure in connection with the campaign of a candidate only if the public communication is paid for by a committee of a political party or its agent, refers to a clearly identified House or Senate candidate, and is publicly distributed or otherwise publicly disseminated in the clearly identified candidate’s jurisdiction..", "id": "HFB7E4A7C77ED489B9D336339C0AA1850", "header": "Clarifying treatment of certain party communications as coordinated expenditures", "nested": [], "links": [ { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(c) Conforming amendment relating to Indexing \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (1) in paragraph (1)(B)(i), by striking (d), ; and (2) in paragraph (2)(B)(i), by striking subsections (b) and (d) and inserting subsection (b).", "id": "H3F054B0E75BF4ECDA016EF13B59C47AE", "header": "Conforming amendment relating to Indexing", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H353EEB02A1CE4E0C9269155AD3BE3560", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "303. Repeal of limit on aggregate contributions by individuals \n(a) Findings \nCongress finds that the Supreme Court of the United States in McCutcheon v. FEC, 572 U.S. 185 (2014) determined the biennial aggregate limits under section 315(a)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(3) ) to be unconstitutional. (b) Repeal \nSection 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended by striking paragraph (3). (c) Conforming amendments \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended by striking (a)(3), each place it appears in paragraph (1)(B)(i), (1)(C), and (2)(B)(ii).", "id": "H6F18B95996E44475933E2CE5F35B14AB", "header": "Repeal of limit on aggregate contributions by individuals", "nested": [ { "text": "(a) Findings \nCongress finds that the Supreme Court of the United States in McCutcheon v. FEC, 572 U.S. 185 (2014) determined the biennial aggregate limits under section 315(a)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(3) ) to be unconstitutional.", "id": "H369A12B6DA47470F94DAB6603C79DBCF", "header": "Findings", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(b) Repeal \nSection 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended by striking paragraph (3).", "id": "H9DA9E81FCC494C458D9D4E04CA0D69F7", "header": "Repeal", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(c) Conforming amendments \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended by striking (a)(3), each place it appears in paragraph (1)(B)(i), (1)(C), and (2)(B)(ii).", "id": "HD92B3ACA75B348B29C3407A7E220E371", "header": "Conforming amendments", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] } ], "links": [ { "text": "52 U.S.C. 30116(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "304. Equalization of contribution limits to State and national political party committees \n(a) In general \nSection 315(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(1) ) is amended— (1) in subparagraph (B), by striking a national political party and inserting a national or State political party ; (2) by adding or at the end of subparagraph (B); (3) in subparagraph (C), by striking ; or and inserting a period; and (4) by striking subparagraph (D). (b) Contributions by multicandidate political committees \n(1) In general \nSection 315(a)(2)(B) of such Act ( 52 U.S.C. 30116(a)(2)(B) ) is amended by striking a national political party and inserting a national or State political party. (2) Price index adjustment \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (A) in paragraph (1), by adding at the end the following new subparagraph: (D) In any calendar year after 2024— (i) a limitation established by subsection (a)(2) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (B) in paragraph (2)(B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new clause: (iii) for purposes of subsection (a)(2), calendar year 2024.. (c) Acceptance of additional amounts for certain accounts \n(1) Permitting acceptance of additional amounts in same manner as national parties \nSection 315(a) of such Act ( 52 U.S.C. 30116(a) ) is amended— (A) in paragraph (1)(B), by striking paragraph (9) and inserting paragraph (9) or paragraph (10) ; and (B) in paragraph (2)(B), by striking paragraph (9) and inserting paragraph (9) or paragraph (10). (2) Accounts \nSection 315(a)(9) of such Act ( 52 U.S.C. 30116(a)(9) ) is amended by striking national committee of a political party each place it appears in subparagraphs (A), (B), and (C) and inserting committee of a national or State political party. (3) State party convention accounts described \nSection 315(a) of such Act ( 52 U.S.C. 30116(a) ) is amended by adding at the end the following new paragraph: (10) An account described in this paragraph is a separate, segregated account of a political committee established and maintained by a State committee of a political party which is used solely to defray— (A) expenses incurred with respect to carrying out State party nominating activities or other party-building conventions; (B) expenses incurred with respect to providing for the attendance of delegates at a presidential nominating convention, but only to the extent that such expenses are not paid for from the account described in paragraph (9)(A); or (C) expenses incurred with respect to carrying out local, county, or district conventions or proceedings to elect delegates to a State party convention.. (d) Clarification of indexing of amounts To ensure equalization of party contribution limits \nFor purposes of applying section 315(c) of such Act ( 52 U.S.C. 30116(c) ) to limits on the amount of contributions to political committees established and maintained by a State political party, the amendments made by this section shall be considered to have been included in section 307 of the Bipartisan Campaign Reform Act of 2002 ( Public Law 107–55 ; 116 Stat. 102). (e) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HD53035E6EAF649D6AEEA378D4F1CEBE1", "header": "Equalization of contribution limits to State and national political party committees", "nested": [ { "text": "(a) In general \nSection 315(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(1) ) is amended— (1) in subparagraph (B), by striking a national political party and inserting a national or State political party ; (2) by adding or at the end of subparagraph (B); (3) in subparagraph (C), by striking ; or and inserting a period; and (4) by striking subparagraph (D).", "id": "H24FEBF523D2D4021B1C041F0D42AF926", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(b) Contributions by multicandidate political committees \n(1) In general \nSection 315(a)(2)(B) of such Act ( 52 U.S.C. 30116(a)(2)(B) ) is amended by striking a national political party and inserting a national or State political party. (2) Price index adjustment \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (A) in paragraph (1), by adding at the end the following new subparagraph: (D) In any calendar year after 2024— (i) a limitation established by subsection (a)(2) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (B) in paragraph (2)(B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new clause: (iii) for purposes of subsection (a)(2), calendar year 2024..", "id": "H05BA70DB91FA49D683A0952A42480C6A", "header": "Contributions by multicandidate political committees", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(c) Acceptance of additional amounts for certain accounts \n(1) Permitting acceptance of additional amounts in same manner as national parties \nSection 315(a) of such Act ( 52 U.S.C. 30116(a) ) is amended— (A) in paragraph (1)(B), by striking paragraph (9) and inserting paragraph (9) or paragraph (10) ; and (B) in paragraph (2)(B), by striking paragraph (9) and inserting paragraph (9) or paragraph (10). (2) Accounts \nSection 315(a)(9) of such Act ( 52 U.S.C. 30116(a)(9) ) is amended by striking national committee of a political party each place it appears in subparagraphs (A), (B), and (C) and inserting committee of a national or State political party. (3) State party convention accounts described \nSection 315(a) of such Act ( 52 U.S.C. 30116(a) ) is amended by adding at the end the following new paragraph: (10) An account described in this paragraph is a separate, segregated account of a political committee established and maintained by a State committee of a political party which is used solely to defray— (A) expenses incurred with respect to carrying out State party nominating activities or other party-building conventions; (B) expenses incurred with respect to providing for the attendance of delegates at a presidential nominating convention, but only to the extent that such expenses are not paid for from the account described in paragraph (9)(A); or (C) expenses incurred with respect to carrying out local, county, or district conventions or proceedings to elect delegates to a State party convention..", "id": "H3A366EC4FA714DB79DFBED195CB0E1CE", "header": "Acceptance of additional amounts for certain accounts", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)(9)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(d) Clarification of indexing of amounts To ensure equalization of party contribution limits \nFor purposes of applying section 315(c) of such Act ( 52 U.S.C. 30116(c) ) to limits on the amount of contributions to political committees established and maintained by a State political party, the amendments made by this section shall be considered to have been included in section 307 of the Bipartisan Campaign Reform Act of 2002 ( Public Law 107–55 ; 116 Stat. 102).", "id": "HE9CA55964387453685CDB58B6D716887", "header": "Clarification of indexing of amounts To ensure equalization of party contribution limits", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "Public Law 107–55", "legal-doc": "public-law", "parsable-cite": "pl/107/55" } ] }, { "text": "(e) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HA7F210CD35C540518BAAB5D87A19F3B2", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30116(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)(9)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "Public Law 107–55", "legal-doc": "public-law", "parsable-cite": "pl/107/55" } ] }, { "text": "305. Expansion of permissible Federal election activity by State and local political parties \n(a) Expansion of permissible use of funds not subject to contribution limits or source prohibitions by State and local political parties for Federal election activity \nSection 323(b)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30125(b)(2) ) is amended to read as follows: (2) Applicability \nNotwithstanding section 301(20), for purposes of paragraph (1), an amount that is expended or disbursed by a State, district, or local committee of a political party shall be considered to be expended or disbursed for Federal election activity only if the committee coordinated the expenditure or disbursement of the amount with a candidate for election for Federal office or an authorized committee of a candidate for election for Federal office.. (b) Conforming amendments \n(1) Fundraising costs \nSection 323(c) of such Act ( 52 U.S.C. 30125(c) ) is amended by adding at the end the following new sentence: In the case of a person described in subsection (b), the previous sentence applies only if the amount was spent by such person in coordination with a candidate for election for Federal office or an authorized committee of a candidate for election for Federal office, as determined pursuant to regulations promulgated by the Commission for the purpose of determining whether a political party communication is coordinated with a candidate, a candidate's authorized committee, or an agent thereof.. (2) Appearance of Federal candidates or officeholders at fundraising events \nSection 323(e)(3) of such Act ( 52 U.S.C. 30125(e)(3) ) is amended by striking subsection (b)(2)(C) and inserting subsection (b).", "id": "H87EDBC7AA6364D1B98A15875E901241B", "header": "Expansion of permissible Federal election activity by State and local political parties", "nested": [ { "text": "(a) Expansion of permissible use of funds not subject to contribution limits or source prohibitions by State and local political parties for Federal election activity \nSection 323(b)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30125(b)(2) ) is amended to read as follows: (2) Applicability \nNotwithstanding section 301(20), for purposes of paragraph (1), an amount that is expended or disbursed by a State, district, or local committee of a political party shall be considered to be expended or disbursed for Federal election activity only if the committee coordinated the expenditure or disbursement of the amount with a candidate for election for Federal office or an authorized committee of a candidate for election for Federal office..", "id": "HECE2B184CB0D4F78BC5BC2C714D50E5D", "header": "Expansion of permissible use of funds not subject to contribution limits or source prohibitions by State and local political parties for Federal election activity", "nested": [], "links": [ { "text": "52 U.S.C. 30125(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30125" } ] }, { "text": "(b) Conforming amendments \n(1) Fundraising costs \nSection 323(c) of such Act ( 52 U.S.C. 30125(c) ) is amended by adding at the end the following new sentence: In the case of a person described in subsection (b), the previous sentence applies only if the amount was spent by such person in coordination with a candidate for election for Federal office or an authorized committee of a candidate for election for Federal office, as determined pursuant to regulations promulgated by the Commission for the purpose of determining whether a political party communication is coordinated with a candidate, a candidate's authorized committee, or an agent thereof.. (2) Appearance of Federal candidates or officeholders at fundraising events \nSection 323(e)(3) of such Act ( 52 U.S.C. 30125(e)(3) ) is amended by striking subsection (b)(2)(C) and inserting subsection (b).", "id": "HBBE1C2A109354C4A89D98B08D9B3DAA9", "header": "Conforming amendments", "nested": [], "links": [ { "text": "52 U.S.C. 30125(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30125" }, { "text": "52 U.S.C. 30125(e)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30125" } ] } ], "links": [ { "text": "52 U.S.C. 30125(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30125" }, { "text": "52 U.S.C. 30125(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30125" }, { "text": "52 U.S.C. 30125(e)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30125" } ] }, { "text": "306. Participation in joint fundraising activities by multiple political committees \n(a) Findings \nCongress finds the following: (1) While Federal law permits the Federal Election Commission to engage in certain gap-filling activities as it administers the Federal Election Campaign Act of 1971, the regulations promulgated by the Federal Election Commission to govern joint fundraising activities of multiple political committees are not tied specifically to any particular provision of the Act, and while these regulations generally duplicate the provisions of the Act, they also impose additional and unnecessary burdens on political committees which seek to engage in joint fundraising activities, such as a requirement for written agreements between the participating committees. (2) It is therefore not necessary at this time to direct the Federal Election Commission to repeal the existing regulations which govern joint fundraising activities of multiple political committees, as some political committees may have reasons for following the provisions of such regulations which impose additional and unnecessary burdens on these activities. (b) Criteria for participation in joint fundraising activities \nSection 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ) is amended by adding at the end the following new subsection: (j) Criteria for participation in joint fundraising activities by multiple political committees \n(1) Criteria described \nTwo or more political committees as defined in this Act may participate in joint fundraising activities in accordance with the following criteria: (A) The costs of the activities shall be allocated among and paid for by the participating committees on the basis of the allocation among the participating committees of the contributions received as a result of the activities. (B) Notwithstanding subparagraph (A), a participating committee may make a payment (in whole or in part) for the portion of the costs of the activities which is allocated to another participating committee, and the amount of any such payment shall be treated as a contribution made by the committee to the other participating committee. (C) The provisions of section 315(a)(8) regarding the treatment of contributions to a candidate which are earmarked or otherwise directed through an intermediary or conduit shall apply to contributions made by a person to a participating committee which are allocated by the committee to another participating committee. (2) Rule of construction \nNothing in this subsection may be construed to prohibit two or more political committees from participating in joint fundraising activities by designating or establishing a separate, joint committee subject to the registration and reporting requirements of this Act or by publishing a joint fundraising notice..", "id": "H744AD1E39CBC4A949149FDE1819B7421", "header": "Participation in joint fundraising activities by multiple political committees", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) While Federal law permits the Federal Election Commission to engage in certain gap-filling activities as it administers the Federal Election Campaign Act of 1971, the regulations promulgated by the Federal Election Commission to govern joint fundraising activities of multiple political committees are not tied specifically to any particular provision of the Act, and while these regulations generally duplicate the provisions of the Act, they also impose additional and unnecessary burdens on political committees which seek to engage in joint fundraising activities, such as a requirement for written agreements between the participating committees. (2) It is therefore not necessary at this time to direct the Federal Election Commission to repeal the existing regulations which govern joint fundraising activities of multiple political committees, as some political committees may have reasons for following the provisions of such regulations which impose additional and unnecessary burdens on these activities.", "id": "HD1A37F8F06C641FC9C692999B5399799", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Criteria for participation in joint fundraising activities \nSection 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ) is amended by adding at the end the following new subsection: (j) Criteria for participation in joint fundraising activities by multiple political committees \n(1) Criteria described \nTwo or more political committees as defined in this Act may participate in joint fundraising activities in accordance with the following criteria: (A) The costs of the activities shall be allocated among and paid for by the participating committees on the basis of the allocation among the participating committees of the contributions received as a result of the activities. (B) Notwithstanding subparagraph (A), a participating committee may make a payment (in whole or in part) for the portion of the costs of the activities which is allocated to another participating committee, and the amount of any such payment shall be treated as a contribution made by the committee to the other participating committee. (C) The provisions of section 315(a)(8) regarding the treatment of contributions to a candidate which are earmarked or otherwise directed through an intermediary or conduit shall apply to contributions made by a person to a participating committee which are allocated by the committee to another participating committee. (2) Rule of construction \nNothing in this subsection may be construed to prohibit two or more political committees from participating in joint fundraising activities by designating or establishing a separate, joint committee subject to the registration and reporting requirements of this Act or by publishing a joint fundraising notice..", "id": "HD546DC45FEFB4CFA99C2EAC7D96FA3CF", "header": "Criteria for participation in joint fundraising activities", "nested": [], "links": [ { "text": "52 U.S.C. 30102", "legal-doc": "usc", "parsable-cite": "usc/52/30102" } ] } ], "links": [ { "text": "52 U.S.C. 30102", "legal-doc": "usc", "parsable-cite": "usc/52/30102" } ] }, { "text": "307. Findings \nCongress finds the following: (1) The First Amendment of the United States Constitution provides that [C]ongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. See U.S. Const. Amend. I. (2) The Supreme Court has held that the First Amendment’s protections apply with equal force to States and localities as it does to the Federal government. See Gitlow v. New York, 268 U.S. 652 (1925). (3) The Supreme Court has held that implicit in the right to engage in activities protected by the First Amendment [lies] a corresponding right to associate with others. Roberts v. United States Jaycees, 468 U.S. 609, 622 (1984). This is commonly understood as the right of association. It furthers a wide variety of political, social, economic, educational, religious, and cultural ends, and is especially important in preserving political and cultural diversity and in shielding dissident expression from suppression by the majority. Id. (4) In NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958), the Supreme Court held the First Amendment’s freedom of association protected the National Association for the Advancement of Colored People from compelled disclosure of its members. This was because on past occasions revelation of the identity of its rank-and-file members has exposed these members to economic reprisal, loss of employment, threat of physical coercion, and other manifestations of public hostility. Under these circumstances... it [is] apparent that compelled disclosure of petitioner's Alabama membership is likely to affect adversely the ability of petitioner and its members to pursue their collective effort to foster beliefs which they admittedly have the right to advocate, in that it may induce members to withdraw from the Association and dissuade others from joining it because of fear of exposure of their beliefs shown through their associations and of the consequences of this exposure. Id. at 462–463. (5) The First Amendment’s freedom of association has been protected and strengthened by the Supreme Court for over sixty years. See NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958); Shelton v. Tucker, 364 U.S. 479 (1960); Bates v. Little Rock, 361 U.S. 516 (1960); Healy v. James, 408 U.S. 169 (1972); Elrod v. Burns, 427 U.S. 347 (1976); Roberts v. United States Jaycees, 468 U.S. 609, 622 (1984); Boy Scouts of America v. Dale, 530 U.S. 640 (2000); Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). (6) Most recently, in Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021), a California law required Americans for Prosperity Foundation and the Thomas Moore Law Center to disclose the names, contribution amounts, and addresses of their major donors. Id. at 2380. The Supreme Court held this substantial intrusion into the group’s donors was unconstitutional. Id. at 2389. While Attorney General Bonta argued these disclosures were needed so California could prevent wrongdoing by charitable organizations, there was not a single, concrete instance in which pre-investigation collection of [this information] did anything to advance the Attorney General's investigative, regulatory or enforcement efforts. Id. at 2386. Similarly, California’s need for this information before initiating an investigation was highly questionable as it was only one of three states to impose this requirement and did not seriously enforce it until 2010. Id. at 2387. (7) In short, Americans for Prosperity Foundation and NAACP both stand for the proposition that compelled disclosure of an organization’s members can violate an organization’s freedom of association. This is because effective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association and there is a vital relationship between freedom to associate and privacy in one's associations... See Id. at 2382 citing NAACP v. Alabama ex rel. Patterson, 357 U.S. 449, 460–462. (8) Unfortunately, the First Amendment’s freedom of association protections are under constant attack. Recently, there have been efforts to enlarge the size of the Supreme Court because of disagreement with some of its rulings and personal disagreement with some of the justices. (9) On April 9, 2021, the President issued Executive Order 14023 that created the Presidential Commission on the Supreme Court (the Commission). Under section 3(iii) of that Executive Order, the Commission was tasked with providing [a]n analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals.. (10) In December 2021, the Commission released its final report. On the issue of adding justices to the Supreme Court, the Commission concluded [m]irroring the broader public debate, there is profound disagreement among Commissioners on this issue.. (11) Unfortunately, even though the President’s Commission would not endorse adding the number of justices on the Supreme Court, some in Congress still believe it is necessary. See, for example, H.R. 3422, the Judiciary Act of 2023 that would add four associate justices to the Supreme Court. (12) Because of this political uncertainty and the importance that donors in all organizations, no matter their party affiliation, are protected from having their membership disclosed and threats of reprisal that would follow, it is important that Congress statutorily codifies the Supreme Court’s holdings in NAACP v. Alabama ex rel. Patterson and Americans for Prosperity Foundation v. Bonta. (13) Government targeting of tax-exempt organizations because of disagreement with their political views is sadly not a hypothetical problem. From 2010 through 2013, the Internal Revenue Service (IRS) intentionally discriminated against conservative organizations seeking tax-exempt status with words like patriot or Tea Party in their names. (14) After years of litigation, in October 2017, the IRS signed a consent decree in Federal court and admitted to targeting conservative organizations from 2010 through 2013. The IRS confessed that its treatment of [conservative organizations] during the tax-exempt determinations process, including screening their applications based on their names or policy positions, subjecting those applications to heightened scrutiny and inordinate delays, and demanding of some Plaintiffs’ information that TIGTA [U.S. Treasury Inspector General, Tax Administration] determined was unnecessary to the agency’s determination of their tax-exempt status, was wrong.. (15) It is antithetical to the First Amendment that the IRS or any Federal government agency would ever be used to target an organization because of its political beliefs, or who its donors might be. As such, these organizations need to be protected to prevent events like what transpired at the IRS between 2010 and 2013.", "id": "H368AFD9B854D4CA0A224604D3FBDB753", "header": "Findings", "nested": [], "links": [] }, { "text": "308. Protecting privacy of donors to tax-exempt organizations \n(a) Short title \nThis section may be cited as the Speech Privacy Act of 2023. (b) Restrictions on collection of donor information \n(1) Restrictions \nAn entity of the Federal government may not collect or require the submission of information on the identification of any donor to a tax-exempt organization. (2) Exceptions \nParagraph (1) does not apply to the following: (A) The Internal Revenue Service, acting lawfully pursuant to section 6033 of the Internal Revenue Code of 1986 or any successor provision. (B) The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ). (C) The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code. (D) An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to collect or require the submission of the information, but only to the extent permitted by the lawful order of such court or administrative body. (c) Restrictions on release of donor information \n(1) Restrictions \nAn entity of the Federal government may not disclose to the public information revealing the identification of any donor to a tax-exempt organization. (2) Exceptions \nParagraph (1) does not apply to the following: (A) The Internal Revenue Service, acting lawfully pursuant to section 6104 of the Internal Revenue Code of 1986 or any successor provision. (B) The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ). (C) The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code. (D) An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to disclose the information, but only to the extent permitted by the lawful order of such court or administrative body. (E) An entity which discloses the information as authorized by the organization. (d) Tax-Exempt organization defined \nIn this section, a tax-exempt organization means an organization which is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. Nothing in this subsection may be construed to treat a political organization under section 527 of such Code as a tax-exempt organization for purposes of this section. (e) Penalties \nIt shall be unlawful for any officer or employee of the United States, or any former officer or employee, willfully to disclose to any person, except as authorized in this section, any information revealing the identification of any donor to a tax-exempt organization. Any violation of this section shall be a felony punishable upon conviction by a fine in any amount not exceeding $250,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense.", "id": "H36CE62ACF46247F6BF328D4BBAF6EFD6", "header": "Protecting privacy of donors to tax-exempt organizations", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Speech Privacy Act of 2023.", "id": "H1138381E5DAB4E5DBA9770D0FC73917D", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Restrictions on collection of donor information \n(1) Restrictions \nAn entity of the Federal government may not collect or require the submission of information on the identification of any donor to a tax-exempt organization. (2) Exceptions \nParagraph (1) does not apply to the following: (A) The Internal Revenue Service, acting lawfully pursuant to section 6033 of the Internal Revenue Code of 1986 or any successor provision. (B) The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ). (C) The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code. (D) An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to collect or require the submission of the information, but only to the extent permitted by the lawful order of such court or administrative body.", "id": "HA352485E955B49D6A28DC0D49FB12E2D", "header": "Restrictions on collection of donor information", "nested": [], "links": [ { "text": "section 6033", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "2 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/2/1604" } ] }, { "text": "(c) Restrictions on release of donor information \n(1) Restrictions \nAn entity of the Federal government may not disclose to the public information revealing the identification of any donor to a tax-exempt organization. (2) Exceptions \nParagraph (1) does not apply to the following: (A) The Internal Revenue Service, acting lawfully pursuant to section 6104 of the Internal Revenue Code of 1986 or any successor provision. (B) The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ). (C) The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code. (D) An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to disclose the information, but only to the extent permitted by the lawful order of such court or administrative body. (E) An entity which discloses the information as authorized by the organization.", "id": "H999500EC044D4141BEB7F6719FA7B86A", "header": "Restrictions on release of donor information", "nested": [], "links": [ { "text": "section 6104", "legal-doc": "usc", "parsable-cite": "usc/26/6104" }, { "text": "2 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/2/1604" } ] }, { "text": "(d) Tax-Exempt organization defined \nIn this section, a tax-exempt organization means an organization which is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. Nothing in this subsection may be construed to treat a political organization under section 527 of such Code as a tax-exempt organization for purposes of this section.", "id": "H6A7370EC670A46C6B4892E6DC010B09A", "header": "Tax-Exempt organization defined", "nested": [], "links": [ { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(e) Penalties \nIt shall be unlawful for any officer or employee of the United States, or any former officer or employee, willfully to disclose to any person, except as authorized in this section, any information revealing the identification of any donor to a tax-exempt organization. Any violation of this section shall be a felony punishable upon conviction by a fine in any amount not exceeding $250,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense.", "id": "HA60B179B816948BFA58789BCD1B742E5", "header": "Penalties", "nested": [], "links": [] } ], "links": [ { "text": "section 6033", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "2 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/2/1604" }, { "text": "section 6104", "legal-doc": "usc", "parsable-cite": "usc/26/6104" }, { "text": "2 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/2/1604" }, { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "309. Reporting requirements for tax-exempt organizations \n(a) Short title \nThis section may be cited as the Don't Weaponize the IRS Act. (b) Organizations exempt from reporting \n(1) Gross receipts threshold \nClause (ii) of section 6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $50,000. (2) Organizations described \nSubparagraph (C) of section 6033(a)(3) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting a semicolon, and (C) by adding at the end the following new clauses: (vii) any other organization described in section 501(c) (other than a private foundation or a supporting organization described in section 509(a)(3)); and (viii) any organization (other than a private foundation or a supporting organization described in section 509(a)(3)) which is not described in section 170(c)(2)(A), or which is created or organized in a possession of the United States, which has no significant activity (including lobbying and political activity and the operation of a trade or business) other than investment activity in the United States.. (3) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (c) Clarification of application to section 527 organizations \n(1) In general \nParagraph (1) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking This section and inserting Except as otherwise provided by this subsection, this section , and (B) by striking for the taxable year. and inserting for the taxable year in the same manner as to an organization exempt from taxation under section 501(a).. (2) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (d) Reporting of names and addresses of contributors \n(1) In general \nParagraph (1) of section 6033(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Except as provided in subsections (b)(5) and (g)(2)(B), such annual return shall not be required to include the names and addresses of contributors to the organization.. (2) Application to section 527 organizations \nParagraph (2) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of subparagraph (A), (B) by redesignating subparagraph (B) as subparagraph (C), and (C) by inserting after subparagraph (A) the following new subparagraph: (B) containing the names and addresses of all substantial contributors, and. (3) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.", "id": "HA9BB3092A001453185793CAE9F238782", "header": "Reporting requirements for tax-exempt organizations", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Don't Weaponize the IRS Act.", "id": "H35EBBFFA7DCA41A583915C0CD1440054", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Organizations exempt from reporting \n(1) Gross receipts threshold \nClause (ii) of section 6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $50,000. (2) Organizations described \nSubparagraph (C) of section 6033(a)(3) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting a semicolon, and (C) by adding at the end the following new clauses: (vii) any other organization described in section 501(c) (other than a private foundation or a supporting organization described in section 509(a)(3)); and (viii) any organization (other than a private foundation or a supporting organization described in section 509(a)(3)) which is not described in section 170(c)(2)(A), or which is created or organized in a possession of the United States, which has no significant activity (including lobbying and political activity and the operation of a trade or business) other than investment activity in the United States.. (3) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.", "id": "H01D4F4CFE73D4F93AB748DCDCE159376", "header": "Organizations exempt from reporting", "nested": [], "links": [ { "text": "section 6033(a)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "section 6033(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] }, { "text": "(c) Clarification of application to section 527 organizations \n(1) In general \nParagraph (1) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking This section and inserting Except as otherwise provided by this subsection, this section , and (B) by striking for the taxable year. and inserting for the taxable year in the same manner as to an organization exempt from taxation under section 501(a).. (2) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.", "id": "H7B33BAC51E304F869964B5938FB36F3B", "header": "Clarification of application to section 527 organizations", "nested": [], "links": [ { "text": "section 6033(g)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] }, { "text": "(d) Reporting of names and addresses of contributors \n(1) In general \nParagraph (1) of section 6033(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Except as provided in subsections (b)(5) and (g)(2)(B), such annual return shall not be required to include the names and addresses of contributors to the organization.. (2) Application to section 527 organizations \nParagraph (2) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of subparagraph (A), (B) by redesignating subparagraph (B) as subparagraph (C), and (C) by inserting after subparagraph (A) the following new subparagraph: (B) containing the names and addresses of all substantial contributors, and. (3) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.", "id": "H87978644A3634ECB89525DFE93F40F33", "header": "Reporting of names and addresses of contributors", "nested": [], "links": [ { "text": "section 6033(a)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "section 6033(g)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] } ], "links": [ { "text": "section 6033(a)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "section 6033(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "section 6033(g)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "section 6033(a)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "section 6033(g)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] }, { "text": "310. Maintenance of standards for determining eligibility of section 501(c)(4) organizations \n(a) In general \nThe Department of the Treasury, including the Internal Revenue Service, may not issue, revise, or finalize any regulation, revenue ruling, or other guidance not limited to a particular taxpayer relating to the standard which is used to determine whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 (including the proposed regulations published at 78 Fed. Reg. 71535 (November 29, 2013)). (b) Application of current standards and definitions \nThe standard and definitions as in effect on January 1, 2010, which are used to make determinations described in subsection (b) shall apply after the date of the enactment of this Act for purposes of determining status under section 501(c)(4) of such Code of organizations created on, before, or after such date.", "id": "HD174D1F3FB814A66BD977CF4191535F2", "header": "Maintenance of standards for determining eligibility of section 501(c)(4) organizations", "nested": [ { "text": "(a) In general \nThe Department of the Treasury, including the Internal Revenue Service, may not issue, revise, or finalize any regulation, revenue ruling, or other guidance not limited to a particular taxpayer relating to the standard which is used to determine whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 (including the proposed regulations published at 78 Fed. Reg. 71535 (November 29, 2013)).", "id": "H1D1BEE61E84E40FE9DD0E01731C8733F", "header": "In general", "nested": [], "links": [ { "text": "section 501(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(b) Application of current standards and definitions \nThe standard and definitions as in effect on January 1, 2010, which are used to make determinations described in subsection (b) shall apply after the date of the enactment of this Act for purposes of determining status under section 501(c)(4) of such Code of organizations created on, before, or after such date.", "id": "H3BC4CE31AA8D47FF8255614A309B80AB", "header": "Application of current standards and definitions", "nested": [], "links": [] } ], "links": [ { "text": "section 501(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "311. Prohibiting use of Federal funds for payments in support of congressional campaigns \nNo Federal funds, including amounts attributable to the collection of fines and penalties, may be used to make any payment in support of a campaign for election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.", "id": "H35392ADEC3E04832A26DBC2DD8199B7B", "header": "Prohibiting use of Federal funds for payments in support of congressional campaigns", "nested": [], "links": [] }, { "text": "321. Electronic filing of electioneering communication reports \nSection 304(a)(11)(A)(i) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(a)(11)(A)(i) ) is amended by inserting or makes electioneering communications after expenditures.", "id": "HB05FB7AE2A65444287F471F883B03F72", "header": "Electronic filing of electioneering communication reports", "nested": [], "links": [ { "text": "52 U.S.C. 30104(a)(11)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "322. Increased qualifying threshold and establishing purpose for political committees \n(a) In general \nSection 301(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(4) ) is amended to read as follows: (4) The term political committee means— (A) any committee, club, association, or other group of persons, including any local committee of a political party, which receives contributions aggregating in excess of $25,000 during a calendar year or which makes expenditures aggregating in excess of $25,000 during a calendar year and which is under the control of a candidate or has the major purpose of nominating or electing a candidate; or (B) any separate segregated fund established under the provisions of section 316(b).. (b) Definition \nSection 301 of such Act ( 52 U.S.C. 30101 ) is amended by adding at the end the following new paragraph: (27) Major purpose of nominating or electing a candidate \nThe term major purpose of nominating or electing a candidate means, with respect to a group of persons described in paragraph (4)(A)— (A) a group whose central organizational purpose is to expressly advocate for the nomination, election, or defeat of a candidate; or (B) a group for which the majority of its spending throughout its lifetime of existence has been on contributions, expenditures, or independent expenditures.. (c) Price index adjustment for political committee threshold \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by section 304(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (E) In any calendar year after 2024— (i) a threshold established by sections 301(4)(A) or 301(4)(C) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (iv) for purposes of sections 301(4)(A) and 301(4)(C), calendar year 2024.. (d) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H6DBBAD0DFA7D4E65A8ECB548D90BCB2F", "header": "Increased qualifying threshold and establishing purpose for political committees", "nested": [ { "text": "(a) In general \nSection 301(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(4) ) is amended to read as follows: (4) The term political committee means— (A) any committee, club, association, or other group of persons, including any local committee of a political party, which receives contributions aggregating in excess of $25,000 during a calendar year or which makes expenditures aggregating in excess of $25,000 during a calendar year and which is under the control of a candidate or has the major purpose of nominating or electing a candidate; or (B) any separate segregated fund established under the provisions of section 316(b)..", "id": "HBC9979BFF8054025B60A4D7E4852F708", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30101(4)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Definition \nSection 301 of such Act ( 52 U.S.C. 30101 ) is amended by adding at the end the following new paragraph: (27) Major purpose of nominating or electing a candidate \nThe term major purpose of nominating or electing a candidate means, with respect to a group of persons described in paragraph (4)(A)— (A) a group whose central organizational purpose is to expressly advocate for the nomination, election, or defeat of a candidate; or (B) a group for which the majority of its spending throughout its lifetime of existence has been on contributions, expenditures, or independent expenditures..", "id": "H50D1CBA9BBD84AE6BA5F2C21F7AAA6FE", "header": "Definition", "nested": [], "links": [ { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(c) Price index adjustment for political committee threshold \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by section 304(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (E) In any calendar year after 2024— (i) a threshold established by sections 301(4)(A) or 301(4)(C) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (iv) for purposes of sections 301(4)(A) and 301(4)(C), calendar year 2024..", "id": "H25C7EFFA401748B08A646B5481624D54", "header": "Price index adjustment for political committee threshold", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HF624591CD77C4130BA5F67841F8C1BA7", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(4)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "323. Increased threshold with respect to independent expenditure reporting requirement \n(a) In general \nSection 304(c)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(1) ) is amended by striking $250 and inserting $1,000. (b) Price index adjustment for independent expenditure reporting threshold \nSection 315(c) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(c) ), as amended by sections 304(b) and 322(c), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (F) In any calendar year after 2024— (i) a threshold established by section 304(c)(1) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (iii), by striking and at the end; (B) in clause (iv), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (v) for purposes of section 304(c)(1), calendar year 2024.. (c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H90978CE3E4D4434EBF1811666D859A29", "header": "Increased threshold with respect to independent expenditure reporting requirement", "nested": [ { "text": "(a) In general \nSection 304(c)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(1) ) is amended by striking $250 and inserting $1,000.", "id": "HC2B53F89B103477E80AEDB5AAB7A69A9", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30104(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "(b) Price index adjustment for independent expenditure reporting threshold \nSection 315(c) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(c) ), as amended by sections 304(b) and 322(c), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (F) In any calendar year after 2024— (i) a threshold established by section 304(c)(1) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (iii), by striking and at the end; (B) in clause (iv), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (v) for purposes of section 304(c)(1), calendar year 2024..", "id": "H586B98A3F44A4B8FB49FBA47B407D502", "header": "Price index adjustment for independent expenditure reporting threshold", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HAD57FBDBA12543D5969812B7F75B7A7B", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30104(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "324. Increased qualifying threshold with respect to candidates \n(a) Increase in threshold \nSection 301(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(2) ) is amended by striking $5,000 each place it appears and inserting $10,000. (b) Price index adjustment for exemption of certain amounts as contributions \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by sections 304(b), 322(c), and 323(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (G) In any calendar year after 2024— (i) a threshold established by sections 301(2) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (iv), by striking and at the end; (B) in clause (v), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vi) for purposes of sections 301(2), calendar year 2024.. (c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H913A1DF3B0A047F1A6C0A06079C6A010", "header": "Increased qualifying threshold with respect to candidates", "nested": [ { "text": "(a) Increase in threshold \nSection 301(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(2) ) is amended by striking $5,000 each place it appears and inserting $10,000.", "id": "HE2100BC7925D4C00A414C53E66FD8AFD", "header": "Increase in threshold", "nested": [], "links": [ { "text": "52 U.S.C. 30101(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Price index adjustment for exemption of certain amounts as contributions \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by sections 304(b), 322(c), and 323(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (G) In any calendar year after 2024— (i) a threshold established by sections 301(2) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (iv), by striking and at the end; (B) in clause (v), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vi) for purposes of sections 301(2), calendar year 2024..", "id": "H308EA94B2F1F4DAF9CEDC4F900B9DEE1", "header": "Price index adjustment for exemption of certain amounts as contributions", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H28520F94C18E409DB46438C30C84791B", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "325. Repeal requirement of persons making independent expenditures to report identification of certain donors \n(a) Repeal \nSection 304(c)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(2) ) is amended— (1) in subparagraph (A), by adding and at the end; (2) in subparagraph (B), by striking ; and and inserting a period; and (3) by striking subparagraph (C). (b) Conforming amendment \nSection 304(c)(1) of such Act ( 52 U.S.C. 30104(c)(1) ) is amended by striking the information required under subsection (b)(3)(A) for all contributions received by such person and inserting the information required under paragraph (2). (c) Effective date \nThe amendments made by this section shall apply with respect to independent expenditures made on or after the date of the enactment of this Act.", "id": "H4C9EF48BAD264BBE9CC25102E08D8660", "header": "Repeal requirement of persons making independent expenditures to report identification of certain donors", "nested": [ { "text": "(a) Repeal \nSection 304(c)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(2) ) is amended— (1) in subparagraph (A), by adding and at the end; (2) in subparagraph (B), by striking ; and and inserting a period; and (3) by striking subparagraph (C).", "id": "H5707D4F7D0AF4D72A9DE4A5BE0ED96B9", "header": "Repeal", "nested": [], "links": [ { "text": "52 U.S.C. 30104(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "(b) Conforming amendment \nSection 304(c)(1) of such Act ( 52 U.S.C. 30104(c)(1) ) is amended by striking the information required under subsection (b)(3)(A) for all contributions received by such person and inserting the information required under paragraph (2).", "id": "HFDF4559F7E194B8BA93545645B8B4D0A", "header": "Conforming amendment", "nested": [], "links": [ { "text": "52 U.S.C. 30104(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to independent expenditures made on or after the date of the enactment of this Act.", "id": "H2733E2AF556447638952F9D40F105B9F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30104(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30104(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "331. Increased threshold for exemption of certain amounts as contributions \n(a) Real or personal property exemption \nSection 301(8)(B)(ii) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B)(ii) ) is amended— (1) by striking $1,000 and inserting $2,000 ; and (2) by striking $2,000 and inserting $4,000. (b) Travel expenses exemption \nSection 301(8)(B)(iv) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B)(iv) ) is amended— (1) by striking $1,000 and inserting $2,000 ; and (2) by striking $2,000 and inserting $4,000. (c) Price index adjustment for exemption of certain amounts as contributions \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by sections 304(b), 322(c), 323(b), and 324(b) is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (H) In any calendar year after 2024— (i) the exemption amounts established by section 301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (v), by striking and at the end; (B) in clause (vi), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vii) for purposes of sections 301(8)(B)(ii) or 301(8)(B)(iv), calendar year 2024.. (d) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H6A552668EE744F9AACA0DCB5802E84F5", "header": "Increased threshold for exemption of certain amounts as contributions", "nested": [ { "text": "(a) Real or personal property exemption \nSection 301(8)(B)(ii) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B)(ii) ) is amended— (1) by striking $1,000 and inserting $2,000 ; and (2) by striking $2,000 and inserting $4,000.", "id": "HA4044816C8414B09BBEE1B32ABF1ACCD", "header": "Real or personal property exemption", "nested": [], "links": [ { "text": "52 U.S.C. 30101(8)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Travel expenses exemption \nSection 301(8)(B)(iv) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B)(iv) ) is amended— (1) by striking $1,000 and inserting $2,000 ; and (2) by striking $2,000 and inserting $4,000.", "id": "H78EDD9E3ABD64843A27B00B9A06883EE", "header": "Travel expenses exemption", "nested": [], "links": [ { "text": "52 U.S.C. 30101(8)(B)(iv)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(c) Price index adjustment for exemption of certain amounts as contributions \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by sections 304(b), 322(c), 323(b), and 324(b) is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (H) In any calendar year after 2024— (i) the exemption amounts established by section 301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (v), by striking and at the end; (B) in clause (vi), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vii) for purposes of sections 301(8)(B)(ii) or 301(8)(B)(iv), calendar year 2024..", "id": "HA166211F90044D128698D654384A1547", "header": "Price index adjustment for exemption of certain amounts as contributions", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HFF5EC30793034906B13FDC6E596772A2", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(8)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(8)(B)(iv)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "332. Exemption of uncompensated internet communications from treatment as contribution or expenditure \n(a) Exemptions \n(1) Exemption from treatment as contribution \nSection 301(8)(B) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B) ) is amended— (A) by striking and at the end of clause (xiii); (B) by striking the period at the end of clause (xiv) and inserting ; and ; and (C) by adding at the end the following new clause: (xv) any payment by any person in producing and disseminating any information or communication on the internet, internet platform or other internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled application, whether coordinated or not.. (2) Exemption from treatment as expenditure \nSection 301(9)(B) of such Act ( 52 U.S.C. 30101(9)(B) ) is amended— (A) by striking and at the end of clause (ix); (B) by striking the period at the end of clause (x) and inserting ; and ; and (C) by adding at the end the following new clause: (xi) any cost incurred by any person in producing and disseminating any information or communication on the internet, internet platform or other internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled application.. (b) Application to definition of public communications \nSection 301(22) of such Act ( 52 U.S.C. 30101(22) ) is amended by adding at the end the following: In the previous sentence, the terms public communication and general public political advertising do not include communications disseminated over the internet or via an internet platform or other internet-enabled application, unless the communication or advertising is disseminated for a fee on another person’s website, platform or other internet-enabled application.. (c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HE06BBE53474E460784A6A579A55E8095", "header": "Exemption of uncompensated internet communications from treatment as contribution or expenditure", "nested": [ { "text": "(a) Exemptions \n(1) Exemption from treatment as contribution \nSection 301(8)(B) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B) ) is amended— (A) by striking and at the end of clause (xiii); (B) by striking the period at the end of clause (xiv) and inserting ; and ; and (C) by adding at the end the following new clause: (xv) any payment by any person in producing and disseminating any information or communication on the internet, internet platform or other internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled application, whether coordinated or not.. (2) Exemption from treatment as expenditure \nSection 301(9)(B) of such Act ( 52 U.S.C. 30101(9)(B) ) is amended— (A) by striking and at the end of clause (ix); (B) by striking the period at the end of clause (x) and inserting ; and ; and (C) by adding at the end the following new clause: (xi) any cost incurred by any person in producing and disseminating any information or communication on the internet, internet platform or other internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled application..", "id": "H27EE00FDB6E44FFBBC5C16A0FDD1ACA4", "header": "Exemptions", "nested": [], "links": [ { "text": "52 U.S.C. 30101(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(9)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Application to definition of public communications \nSection 301(22) of such Act ( 52 U.S.C. 30101(22) ) is amended by adding at the end the following: In the previous sentence, the terms public communication and general public political advertising do not include communications disseminated over the internet or via an internet platform or other internet-enabled application, unless the communication or advertising is disseminated for a fee on another person’s website, platform or other internet-enabled application..", "id": "HF30BA42CDA484CD8B0502E596FE46B28", "header": "Application to definition of public communications", "nested": [], "links": [ { "text": "52 U.S.C. 30101(22)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HB7BDDE7A28D8482995AC7ABCA2164EA1", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(9)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(22)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "333. Media exemption \n(a) Expansion of exemption to additional forms of media \nSection 301(9)(B)(i) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(9)(B)(i) ) is amended to read as follows: (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor, unless such facilities are owned or controlled by any political party, political committee, or candidate;. (b) Application to contributions \nSection 301(8)(B) of such Act ( 52 U.S.C. 30101(8)(B) ), as amended by section 332(a)(1), is amended— (1) by redesignating clauses (i) through (xv) as clauses (ii) through (xvi); and (2) by inserting before clause (ii) (as so redesignated) the following new clause: (i) any payment for any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor.. (c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HEDE4632B466E49E788E743C3327AB491", "header": "Media exemption", "nested": [ { "text": "(a) Expansion of exemption to additional forms of media \nSection 301(9)(B)(i) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(9)(B)(i) ) is amended to read as follows: (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor, unless such facilities are owned or controlled by any political party, political committee, or candidate;.", "id": "HF51BA459E3CD4C618A4F978F5270C2D0", "header": "Expansion of exemption to additional forms of media", "nested": [], "links": [ { "text": "52 U.S.C. 30101(9)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Application to contributions \nSection 301(8)(B) of such Act ( 52 U.S.C. 30101(8)(B) ), as amended by section 332(a)(1), is amended— (1) by redesignating clauses (i) through (xv) as clauses (ii) through (xvi); and (2) by inserting before clause (ii) (as so redesignated) the following new clause: (i) any payment for any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor..", "id": "H5F373F83EFE3403D98B5B51427015EC1", "header": "Application to contributions", "nested": [], "links": [ { "text": "52 U.S.C. 30101(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H8407EF6ADD084E0693394A9E4CFFDD00", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(9)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "341. Prohibition on issuance of regulations on Political Contributions \n(a) Findings \nCongress finds the following: (1) From 2010 through 2013, the Internal Revenue Service targeted conservative organizations seeking tax-exempt status. The result of this targeting was obvious—to discourage conservative organizations and individuals associated with them from engaging in the 2012 presidential election after an incredibly successful 2010 midterm election. (2) In response to this treatment, a large number of conservative organizations sued the Internal Revenue Service. In 2017, a settlement was reached and the Internal Revenue Service was required to issue an apology for its actions. (3) Congress quickly recognized that the Internal Revenue Service was not the only government agency that could question or threaten the tax-exempt status of disfavored political groups. The Securities and Exchange Commission, an independent government agency, also enjoys some regulatory power in this area. (4) Beginning in 2015, Congress has included in every appropriations bill that has funded the Securities and Exchange Commission, an appropriations rider prohibiting the agency from using any of the funds made available to finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations. See Consolidated Appropriations Act, 2016, H.R. 2029, 114th Cong. § 1 (2015); Consolidated Appropriations Act, 2017, H.R. 244, 115th Cong. § 1 (2017); Consolidated Appropriations Act, 2018, H.R. 1625, 115th Cong. § 2 (2018); Consolidated Appropriations Act, 2019, H.J. Res. 31, 116th Cong. § 1 (2019); Consolidated Appropriations Act, 2020, H.R. 1158, 116th Cong. § 1 (2019); Consolidated Appropriations Act, 2021, H.R. 133, 116th Cong. § 2 (2020); Consolidated Appropriations Act 2022, H.R. 2471, 117th Cong. § 2 (2022); Consolidated Appropriations Act 2023, H.R. 2617, 117th Cong. § 2 (2022). (5) This prohibition is too important to be subject to yearly renewal. Instead, it must be enacted into permanent law so political organizations of both political parties can rest assured the Securities and Exchange Commission will not target them. (b) Prohibition \nThe Securities and Exchange Commission may not finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations.", "id": "HC26D67094BD242729DFBA2E62EDEFE74", "header": "Prohibition on issuance of regulations on Political Contributions", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) From 2010 through 2013, the Internal Revenue Service targeted conservative organizations seeking tax-exempt status. The result of this targeting was obvious—to discourage conservative organizations and individuals associated with them from engaging in the 2012 presidential election after an incredibly successful 2010 midterm election. (2) In response to this treatment, a large number of conservative organizations sued the Internal Revenue Service. In 2017, a settlement was reached and the Internal Revenue Service was required to issue an apology for its actions. (3) Congress quickly recognized that the Internal Revenue Service was not the only government agency that could question or threaten the tax-exempt status of disfavored political groups. The Securities and Exchange Commission, an independent government agency, also enjoys some regulatory power in this area. (4) Beginning in 2015, Congress has included in every appropriations bill that has funded the Securities and Exchange Commission, an appropriations rider prohibiting the agency from using any of the funds made available to finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations. See Consolidated Appropriations Act, 2016, H.R. 2029, 114th Cong. § 1 (2015); Consolidated Appropriations Act, 2017, H.R. 244, 115th Cong. § 1 (2017); Consolidated Appropriations Act, 2018, H.R. 1625, 115th Cong. § 2 (2018); Consolidated Appropriations Act, 2019, H.J. Res. 31, 116th Cong. § 1 (2019); Consolidated Appropriations Act, 2020, H.R. 1158, 116th Cong. § 1 (2019); Consolidated Appropriations Act, 2021, H.R. 133, 116th Cong. § 2 (2020); Consolidated Appropriations Act 2022, H.R. 2471, 117th Cong. § 2 (2022); Consolidated Appropriations Act 2023, H.R. 2617, 117th Cong. § 2 (2022). (5) This prohibition is too important to be subject to yearly renewal. Instead, it must be enacted into permanent law so political organizations of both political parties can rest assured the Securities and Exchange Commission will not target them.", "id": "HE7A8B73624D8417FA897520A3FA8B684", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Prohibition \nThe Securities and Exchange Commission may not finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations.", "id": "HB171C4BF355C4F54A80E0AFABD688EEC", "header": "Prohibition", "nested": [], "links": [] } ], "links": [] }, { "text": "351. Permanent extension of fines for qualified disclosure requirement violations \nSection 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a)(4)(C)(v) ) is amended by striking , and that end on or before December 31, 2023.", "id": "H17A1E6F3AF1D4800B223909C2679AAA9", "header": "Permanent extension of fines for qualified disclosure requirement violations", "nested": [], "links": [ { "text": "52 U.S.C. 30109(a)(4)(C)(v)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" } ] }, { "text": "352. Permitting political committees to make disbursements by methods other than check \nSection 302(h)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102(h)(1) ) is amended by striking except by check drawn on such accounts in accordance with this section and inserting except from such accounts.", "id": "HB4CB03E411A94BE3A944A65EE1F58753", "header": "Permitting political committees to make disbursements by methods other than check", "nested": [], "links": [ { "text": "52 U.S.C. 30102(h)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30102" } ] }, { "text": "353. Designation of individual authorized to make campaign committee disbursements in event of death of candidate \n(a) In General \nSection 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ), as amended by section 306(b), is amended by adding at the end the following new subsection: (k) (1) Each candidate may, with respect to each authorized committee of the candidate, designate an individual who shall be responsible for disbursing funds in the accounts of the committee in the event of the death of the candidate, and may also designate another individual to carry out the responsibilities of the designated individual under this subsection in the event of the death or incapacity of the designated individual or the unwillingness of the designated individual to carry out the responsibilities. (2) In order to designate an individual under this subsection, the candidate shall file with the Commission a signed written statement (in a standardized form developed by the Commission, and including any applicable supporting documentation, including a will or trust document) that contains the name and address of the individual and the name of the authorized committee for which the designation shall apply, and that may contain the candidate’s instructions regarding the lawful disbursement of the funds involved by the individual. At any time after filing the statement, the candidate may revoke the designation of an individual by filing with the Commission a signed written statement of revocation (in a standardized form developed by the Commission). (3) (A) Upon the death of a candidate who has designated an individual for purposes of paragraph (1), funds in the accounts of each authorized committee of the candidate may be disbursed only under the direction and in accordance with the instructions of such individual, subject to the terms and conditions applicable to the disbursement of such funds under this Act or any other applicable Federal or State law (other than any provision of State law which authorizes any person other than such individual to direct the disbursement of such funds). (B) Subparagraph (A) does not apply with respect to an authorized committee if, at the time of the candidate’s death, the authorized committee has a treasurer or a designated agent of the treasurer as described in section 302(a), unless the treasurer or designated agent is incapacitated or cannot be reached by the authorized committee. (C) Nothing in this paragraph may be construed to grant any authority to an individual who is designated pursuant to this subsection other than the authority to direct the disbursement of funds as provided in such paragraph, or may be construed to affect the responsibility of the treasurer of an authorized committee for which funds are disbursed in accordance with such paragraph to file reports of the disbursements of such funds under section 304(a).. (b) Inclusion of Designation in Statement of Organization of Committee \nSection 303(b) of such Act ( 52 U.S.C. 30103(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) in the case of an authorized committee of a candidate who has designated an individual under section 302(k) (including a second individual designated to carry out the responsibilities of that individual under such section in the event of that individual’s death or incapacity or unwillingness to carry out the responsibilities) to disburse funds from the accounts of the committee in the event of the death of the candidate, a copy of the statement filed by the candidate with the Commission under such section (as well as a copy of any subsequent statement of revocation filed by the candidate with the Commission under such section).. (c) Effective Date \nThe amendments made by this section shall apply with respect to authorized campaign committees which are designated under section 302(e)(1) of the Federal Election Campaign Act of 1971 before, on, or after the date of the enactment of this Act.", "id": "HCD40935680544547879AE9CEFDDC2E08", "header": "Designation of individual authorized to make campaign committee disbursements in event of death of candidate", "nested": [ { "text": "(a) In General \nSection 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ), as amended by section 306(b), is amended by adding at the end the following new subsection: (k) (1) Each candidate may, with respect to each authorized committee of the candidate, designate an individual who shall be responsible for disbursing funds in the accounts of the committee in the event of the death of the candidate, and may also designate another individual to carry out the responsibilities of the designated individual under this subsection in the event of the death or incapacity of the designated individual or the unwillingness of the designated individual to carry out the responsibilities. (2) In order to designate an individual under this subsection, the candidate shall file with the Commission a signed written statement (in a standardized form developed by the Commission, and including any applicable supporting documentation, including a will or trust document) that contains the name and address of the individual and the name of the authorized committee for which the designation shall apply, and that may contain the candidate’s instructions regarding the lawful disbursement of the funds involved by the individual. At any time after filing the statement, the candidate may revoke the designation of an individual by filing with the Commission a signed written statement of revocation (in a standardized form developed by the Commission). (3) (A) Upon the death of a candidate who has designated an individual for purposes of paragraph (1), funds in the accounts of each authorized committee of the candidate may be disbursed only under the direction and in accordance with the instructions of such individual, subject to the terms and conditions applicable to the disbursement of such funds under this Act or any other applicable Federal or State law (other than any provision of State law which authorizes any person other than such individual to direct the disbursement of such funds). (B) Subparagraph (A) does not apply with respect to an authorized committee if, at the time of the candidate’s death, the authorized committee has a treasurer or a designated agent of the treasurer as described in section 302(a), unless the treasurer or designated agent is incapacitated or cannot be reached by the authorized committee. (C) Nothing in this paragraph may be construed to grant any authority to an individual who is designated pursuant to this subsection other than the authority to direct the disbursement of funds as provided in such paragraph, or may be construed to affect the responsibility of the treasurer of an authorized committee for which funds are disbursed in accordance with such paragraph to file reports of the disbursements of such funds under section 304(a)..", "id": "HB6177729C94F4F6CBD4782D8B7C2D9E2", "header": "In General", "nested": [], "links": [ { "text": "52 U.S.C. 30102", "legal-doc": "usc", "parsable-cite": "usc/52/30102" } ] }, { "text": "(b) Inclusion of Designation in Statement of Organization of Committee \nSection 303(b) of such Act ( 52 U.S.C. 30103(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) in the case of an authorized committee of a candidate who has designated an individual under section 302(k) (including a second individual designated to carry out the responsibilities of that individual under such section in the event of that individual’s death or incapacity or unwillingness to carry out the responsibilities) to disburse funds from the accounts of the committee in the event of the death of the candidate, a copy of the statement filed by the candidate with the Commission under such section (as well as a copy of any subsequent statement of revocation filed by the candidate with the Commission under such section)..", "id": "H9AA0D47D8ACD4F6D929DF5AA3C28299E", "header": "Inclusion of Designation in Statement of Organization of Committee", "nested": [], "links": [ { "text": "52 U.S.C. 30103(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30103" } ] }, { "text": "(c) Effective Date \nThe amendments made by this section shall apply with respect to authorized campaign committees which are designated under section 302(e)(1) of the Federal Election Campaign Act of 1971 before, on, or after the date of the enactment of this Act.", "id": "H4694A83C1FF2440BAE99850C6B38204C", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30102", "legal-doc": "usc", "parsable-cite": "usc/52/30102" }, { "text": "52 U.S.C. 30103(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30103" } ] }, { "text": "354. Prohibiting aiding or abetting making of contributions in name of another \nSection 320 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30122 ) is amended by adding at the end the following new sentence: No person shall knowingly direct, help, or assist any person in making a contribution in the name of another person..", "id": "H77BC7E8CE2A34698ABEABE2E89241854", "header": "Prohibiting aiding or abetting making of contributions in name of another", "nested": [], "links": [ { "text": "52 U.S.C. 30122", "legal-doc": "usc", "parsable-cite": "usc/52/30122" } ] }, { "text": "355. Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission \n(a) Unanimous consent \nSection 307 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107 ) is amended by adding at the end the following new subsection: (f) (1) Except as provided in paragraph (2), the Commission shall defend each action brought against the Commission under this Act or chapter 95 and 96 of the Internal Revenue Code of 1986— (A) through the general counsel, as provided in subsection (a)(6); (B) by appointing counsel as provided in section 306(f)(4); or (C) by referral to the Attorney General in the case of a criminal action. (2) The Commission may refuse to defend an action brought against the Commission pursuant to the unanimous vote of its Members.. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to actions brought on or after the date of the enactment of this Act.", "id": "HEB64BF3CFDAC44A4A1BAF40DA1038FCD", "header": "Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission", "nested": [ { "text": "(a) Unanimous consent \nSection 307 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107 ) is amended by adding at the end the following new subsection: (f) (1) Except as provided in paragraph (2), the Commission shall defend each action brought against the Commission under this Act or chapter 95 and 96 of the Internal Revenue Code of 1986— (A) through the general counsel, as provided in subsection (a)(6); (B) by appointing counsel as provided in section 306(f)(4); or (C) by referral to the Attorney General in the case of a criminal action. (2) The Commission may refuse to defend an action brought against the Commission pursuant to the unanimous vote of its Members..", "id": "H971397ED7F204BA390247E74DD774E7E", "header": "Unanimous consent", "nested": [], "links": [ { "text": "52 U.S.C. 30107", "legal-doc": "usc", "parsable-cite": "usc/52/30107" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to actions brought on or after the date of the enactment of this Act.", "id": "H68014579052E4139A2B4BB2ABABF1CDF", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30107", "legal-doc": "usc", "parsable-cite": "usc/52/30107" } ] }, { "text": "356. Federal Election Commission member pay \nSection 306(a)(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(4) ) is amended— (1) by striking (4) Members and inserting (4)(A) Except as provided in subparagraph (B), members ; (2) by striking equivalent to the compensation paid at level IV of the Executive Schedule ( 5 U.S.C. 5315 ) and inserting at an annual rate of basic pay of $186,300, as adjusted under section 5318 of title 5, United States Code, in the same manner as the annual rate of pay for positions at each level of the Executive Schedule, which may not be varied or suspended by executive action ; and (3) by adding at the end the following: (B) A member who serves on the Commission after the expiration of the member’s term because the member’s successor has not taken office may not receive any increase in compensation under this subsection for any pay period occurring after the expiration of the 4-year period which begins on the date of the expiration of the member’s term. A member shall no longer be subject to the previous sentence if the member is appointed to a new term and takes office pursuant to that appointment. (C) A member shall be permitted to hold a position at an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) if— (i) the General Counsel of the Commission determines that such position does not create a conflict of interest with the member’s position as a sitting member of the Commission and grants the member approval to hold the position; and (ii) the annual rate of compensation received by the individual from such institution is not greater than the amount equal to 49.9% of the annual rate of basic pay paid to the member under this paragraph..", "id": "H0FF69E44E4E8464EBFAF2086E6FC5CCB", "header": "Federal Election Commission member pay", "nested": [], "links": [ { "text": "52 U.S.C. 30106(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/52/30106" }, { "text": "5 U.S.C. 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "357. Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971 \n(a) 5-Year limitation \nSection 406(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30145(a) ) is amended— (1) by striking (a) and inserting (a)(1) ; and (2) by adding at the end the following new paragraph: (2) No person shall be subject to a civil penalty for any violation of title III of this Act unless the proceeding is initiated in accordance with section 309 not later than 5 years after the date on which the violation occurred.. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to violations occurring on or after the date of the enactment of this Act.", "id": "HA26026CBB8EA4B93B26BB0AADD890CAD", "header": "Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971", "nested": [ { "text": "(a) 5-Year limitation \nSection 406(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30145(a) ) is amended— (1) by striking (a) and inserting (a)(1) ; and (2) by adding at the end the following new paragraph: (2) No person shall be subject to a civil penalty for any violation of title III of this Act unless the proceeding is initiated in accordance with section 309 not later than 5 years after the date on which the violation occurred..", "id": "HD545218234CF44CBA3CF428D110D0E24", "header": "5-Year limitation", "nested": [], "links": [ { "text": "52 U.S.C. 30145(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30145" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to violations occurring on or after the date of the enactment of this Act.", "id": "HE826C21D2C7445E5BC1541303E5D830F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30145(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30145" } ] }, { "text": "358. Theft from political committee as a Federal crime \n(a) Federal crime \nChapter 29 of title 18, United States Code, as amended by section 161(b), is amended by adding at the end the following new section: 613. Theft from political committee \n(a) In general \nIt shall be unlawful to remove, without appropriate authorization, any funds or any other item of value from an account maintained for the benefit of a candidate for Federal office or the candidate’s political committee (as such term is defined in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 )). (b) Penalty \nAny person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both.. (b) Clerical amendment \nThe table of sections for chapter 28 of title 18, United States Code, is amended by adding at the end the following new item: 613. Theft from political committee..", "id": "H72CAA21C285C456582957873DEF3674B", "header": "Theft from political committee as a Federal crime", "nested": [ { "text": "(a) Federal crime \nChapter 29 of title 18, United States Code, as amended by section 161(b), is amended by adding at the end the following new section: 613. Theft from political committee \n(a) In general \nIt shall be unlawful to remove, without appropriate authorization, any funds or any other item of value from an account maintained for the benefit of a candidate for Federal office or the candidate’s political committee (as such term is defined in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 )). (b) Penalty \nAny person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both..", "id": "H4EFDC30E7EDD4361ACAF339CAA993768", "header": "Federal crime", "nested": [], "links": [ { "text": "Chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" }, { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 28 of title 18, United States Code, is amended by adding at the end the following new item: 613. Theft from political committee..", "id": "H7B95BEA42F764D52A757921D3EBD8169", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 28", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/28" } ] } ], "links": [ { "text": "Chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" }, { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "chapter 28", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/28" } ] }, { "text": "613. Theft from political committee \n(a) In general \nIt shall be unlawful to remove, without appropriate authorization, any funds or any other item of value from an account maintained for the benefit of a candidate for Federal office or the candidate’s political committee (as such term is defined in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 )). (b) Penalty \nAny person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both.", "id": "HAEAD8B8BDFB5468BA22AD6CC6FD2D332", "header": "Theft from political committee", "nested": [ { "text": "(a) In general \nIt shall be unlawful to remove, without appropriate authorization, any funds or any other item of value from an account maintained for the benefit of a candidate for Federal office or the candidate’s political committee (as such term is defined in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 )).", "id": "H9E8CC688F45D4DF68A1202863E8653F3", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Penalty \nAny person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both.", "id": "HFEEBE721964E4F1CB76BE5C39E258E71", "header": "Penalty", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "359. Repeal of obsolete provisions of law \n(a) Provisions held unconstitutional \n(1) Membership of Secretary of Senate and Clerk of House on Federal Election Commission \nSection 306(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(1) ) is amended by striking the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and. (2) Choice of independent or coordinated expenditures by political parties \nSection 315(d) of such Act ( 52 U.S.C. 30116(d) ) is amended— (A) by striking paragraph (4) and redesignating paragraph (5) as paragraph (4); (B) in paragraph (4), as so redesignated, by striking paragraphs (2), (3), and (4) and inserting paragraphs (2) and (3) ; and (C) in paragraph (1), by striking paragraphs (2), (3), and (4) and inserting paragraphs (2) and (3). (3) Prohibiting contributions by minors \nThe Federal Election Campaign Act of 1971 is amended by striking section 324 ( 52 U.S.C. 30126 ). (4) Increase in contribution limits for candidates in response to personal fund expenditures by opponents \n(A) House candidates \nThe Federal Election Campaign Act of 1971 is amended by striking section 315A ( 52 U.S.C. 30117 ). (B) Senate candidates \nSection 315 of such Act ( 52 U.S.C. 30116 ) is amended— (i) by striking subsection (i); and (ii) by redesignating subsection (j) as subsection (i). (C) Conforming amendment relating to notification \nSection 304(a)(6) of such Act ( 52 U.S.C. 30104(a)(6) ) is amended— (i) by striking subparagraphs (B), (C), and (D); and (ii) by redesignating subparagraph (E) as subparagraph (D). (D) Conforming amendment relating to definitions \nSection 301(25) of such Act ( 52 U.S.C. 30101(25) ) is amended by striking For purposes of sections 315(i) and 315A and paragraph (26), the term and inserting The term. (E) Other conforming amendment \nSection 315(a)(1) of such Act ( 52 U.S.C. 30116(a)(1) ) is amended by striking Except as provided in subsection (i) and section 315A, no person and inserting No person. (5) Electioneering communications and independent expenditures by corporations and labor organizations \nSection 316 of such Act ( 52 U.S.C. 30117 ) is amended— (A) in subsection (b)(1), by striking or for any applicable electioneering communication ; and (B) by striking subsection (c). (6) Limitation on repayment of personal loans \nSection 315 of such Act ( 52 U.S.C. 30116 ) is amended by striking subsection (i), as redesignated by paragraph (4)(B)(ii). (b) Provisions relating to use of Presidential Election Campaign Fund for party nominating conventions \nSection 9008 of the Internal Revenue Code of 1986 is amended— (1) in subsection (b), by striking paragraph (3); and (2) by striking subsections (c), (d), (e), (f), (g), and (h). (c) Technical correction \nSections 307 and 309 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107 and 30109) are each amended by striking subpena each place it appears and inserting subpoena.", "id": "HF6554129625A4DD0B8AD66104750AC54", "header": "Repeal of obsolete provisions of law", "nested": [ { "text": "(a) Provisions held unconstitutional \n(1) Membership of Secretary of Senate and Clerk of House on Federal Election Commission \nSection 306(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(1) ) is amended by striking the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and. (2) Choice of independent or coordinated expenditures by political parties \nSection 315(d) of such Act ( 52 U.S.C. 30116(d) ) is amended— (A) by striking paragraph (4) and redesignating paragraph (5) as paragraph (4); (B) in paragraph (4), as so redesignated, by striking paragraphs (2), (3), and (4) and inserting paragraphs (2) and (3) ; and (C) in paragraph (1), by striking paragraphs (2), (3), and (4) and inserting paragraphs (2) and (3). (3) Prohibiting contributions by minors \nThe Federal Election Campaign Act of 1971 is amended by striking section 324 ( 52 U.S.C. 30126 ). (4) Increase in contribution limits for candidates in response to personal fund expenditures by opponents \n(A) House candidates \nThe Federal Election Campaign Act of 1971 is amended by striking section 315A ( 52 U.S.C. 30117 ). (B) Senate candidates \nSection 315 of such Act ( 52 U.S.C. 30116 ) is amended— (i) by striking subsection (i); and (ii) by redesignating subsection (j) as subsection (i). (C) Conforming amendment relating to notification \nSection 304(a)(6) of such Act ( 52 U.S.C. 30104(a)(6) ) is amended— (i) by striking subparagraphs (B), (C), and (D); and (ii) by redesignating subparagraph (E) as subparagraph (D). (D) Conforming amendment relating to definitions \nSection 301(25) of such Act ( 52 U.S.C. 30101(25) ) is amended by striking For purposes of sections 315(i) and 315A and paragraph (26), the term and inserting The term. (E) Other conforming amendment \nSection 315(a)(1) of such Act ( 52 U.S.C. 30116(a)(1) ) is amended by striking Except as provided in subsection (i) and section 315A, no person and inserting No person. (5) Electioneering communications and independent expenditures by corporations and labor organizations \nSection 316 of such Act ( 52 U.S.C. 30117 ) is amended— (A) in subsection (b)(1), by striking or for any applicable electioneering communication ; and (B) by striking subsection (c). (6) Limitation on repayment of personal loans \nSection 315 of such Act ( 52 U.S.C. 30116 ) is amended by striking subsection (i), as redesignated by paragraph (4)(B)(ii).", "id": "H72142DF6541D43AFA09B51F83410EAEC", "header": "Provisions held unconstitutional", "nested": [], "links": [ { "text": "52 U.S.C. 30106(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30106" }, { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30126", "legal-doc": "usc", "parsable-cite": "usc/52/30126" }, { "text": "52 U.S.C. 30117", "legal-doc": "usc", "parsable-cite": "usc/52/30117" }, { "text": "52 U.S.C. 30116", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30104(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30101(25)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30116(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30117", "legal-doc": "usc", "parsable-cite": "usc/52/30117" }, { "text": "52 U.S.C. 30116", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(b) Provisions relating to use of Presidential Election Campaign Fund for party nominating conventions \nSection 9008 of the Internal Revenue Code of 1986 is amended— (1) in subsection (b), by striking paragraph (3); and (2) by striking subsections (c), (d), (e), (f), (g), and (h).", "id": "H6FC0AECC8ED847749E6986D51412AB64", "header": "Provisions relating to use of Presidential Election Campaign Fund for party nominating conventions", "nested": [], "links": [ { "text": "Section 9008", "legal-doc": "usc", "parsable-cite": "usc/26/9008" } ] }, { "text": "(c) Technical correction \nSections 307 and 309 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107 and 30109) are each amended by striking subpena each place it appears and inserting subpoena.", "id": "H98DD4A81B8C64C9B9A2411710E81EF2D", "header": "Technical correction", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30106(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30106" }, { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30126", "legal-doc": "usc", "parsable-cite": "usc/52/30126" }, { "text": "52 U.S.C. 30117", "legal-doc": "usc", "parsable-cite": "usc/52/30117" }, { "text": "52 U.S.C. 30116", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30104(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30101(25)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30116(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30117", "legal-doc": "usc", "parsable-cite": "usc/52/30117" }, { "text": "52 U.S.C. 30116", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "Section 9008", "legal-doc": "usc", "parsable-cite": "usc/26/9008" } ] }, { "text": "360. Deadline for promulgation of proposed regulations \nNot later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall publish in the Federal Register proposed regulations to carry out this title and the amendments made by this title.", "id": "H069DEF9E715B46A9ADFFF6D59769C1A5", "header": "Deadline for promulgation of proposed regulations", "nested": [], "links": [] }, { "text": "401. Short title \nThis title may be cited as the Election Security Assistance Act.", "id": "H1B048A75D8044C6BB2021FA403F4EFB5", "header": "Short title", "nested": [], "links": [] }, { "text": "402. Reports to Congress on foreign threats to elections \n(a) In general \nNot later than 30 days after the date of enactment of this Act, and 30 days after the end of each fiscal year thereafter, the Secretary of Homeland Security and the Director of National Intelligence, in coordination with the heads of the appropriate Federal entities, shall submit a joint report to the appropriate congressional committees and the chief State election official of each State on foreign threats to elections in the United States, including physical and cybersecurity threats. (b) Voluntary participation by States \nThe Secretary shall solicit and consider voluntary comments from all State election agencies. Participation by an election agency in the report under this section shall be voluntary and at the discretion of the State. (c) Appropriate Federal entities \nIn this section, the term appropriate Federal entities means— (1) the Department of Commerce, including the National Institute of Standards and Technology; (2) the Department of Defense; (3) the Department of Homeland Security, including the component of the Department that reports to the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department; (4) the Department of Justice, including the Federal Bureau of Investigation; (5) the Election Assistance Commission; and (6) the Office of the Director of National Intelligence, the National Security Agency, and such other elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) as the Director of National Intelligence determines are appropriate. (d) Other definitions \nIn this section— (1) the term appropriate congressional committees means— (A) the Committee on Rules and Administration, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate; and (B) the Committee on House Administration, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives; (2) the term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act; (3) the term election agency means any component of a State or any component of a unit of local government of a State that is responsible for administering Federal elections; (4) the term Secretary means the Secretary of Homeland Security; and (5) the term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ).", "id": "H4547A3322D4C41EFAEFE6AC1FDED4E4A", "header": "Reports to Congress on foreign threats to elections", "nested": [ { "text": "(a) In general \nNot later than 30 days after the date of enactment of this Act, and 30 days after the end of each fiscal year thereafter, the Secretary of Homeland Security and the Director of National Intelligence, in coordination with the heads of the appropriate Federal entities, shall submit a joint report to the appropriate congressional committees and the chief State election official of each State on foreign threats to elections in the United States, including physical and cybersecurity threats.", "id": "H2AFEDA1928D843DEA1B6F8FB6BD02032", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Voluntary participation by States \nThe Secretary shall solicit and consider voluntary comments from all State election agencies. Participation by an election agency in the report under this section shall be voluntary and at the discretion of the State.", "id": "H5F3B772192404BF5A6956BAD4EBF8FDA", "header": "Voluntary participation by States", "nested": [], "links": [] }, { "text": "(c) Appropriate Federal entities \nIn this section, the term appropriate Federal entities means— (1) the Department of Commerce, including the National Institute of Standards and Technology; (2) the Department of Defense; (3) the Department of Homeland Security, including the component of the Department that reports to the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department; (4) the Department of Justice, including the Federal Bureau of Investigation; (5) the Election Assistance Commission; and (6) the Office of the Director of National Intelligence, the National Security Agency, and such other elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) as the Director of National Intelligence determines are appropriate.", "id": "H69DAB0A4EBD441E493109D7964B341B5", "header": "Appropriate Federal entities", "nested": [], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "(d) Other definitions \nIn this section— (1) the term appropriate congressional committees means— (A) the Committee on Rules and Administration, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate; and (B) the Committee on House Administration, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives; (2) the term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act; (3) the term election agency means any component of a State or any component of a unit of local government of a State that is responsible for administering Federal elections; (4) the term Secretary means the Secretary of Homeland Security; and (5) the term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ).", "id": "HFEC2315083964DF78CE6D5FA3F3E859D", "header": "Other definitions", "nested": [], "links": [ { "text": "52 U.S.C. 20509", "legal-doc": "usc", "parsable-cite": "usc/52/20509" }, { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" } ] } ], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" }, { "text": "52 U.S.C. 20509", "legal-doc": "usc", "parsable-cite": "usc/52/20509" }, { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" } ] }, { "text": "403. Rule of construction \nNothing in this title may be construed as authorizing the Secretary of Homeland Security to carry out the administration of an election for Federal office.", "id": "HE9092B4891D847448E59668E97C09ADF", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "411. Cybersecurity advisories relating to election systems \n(a) Cybersecurity advisories \n(1) In general \nThe Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security (in this subtitle referred to as the Director ) shall collaborate with the Election Assistance Commission (in this subtitle referred to as the Commission ) to determine if an advisory relating to the cybersecurity of election systems used in the administration of elections for Federal office or the cybersecurity of elections for Federal office generally is necessary. If such a determination is made in the affirmative, the Director shall collaborate with the Commission in the preparation of such an advisory. (2) Prohibition \nThe Director may not issue an advisory described in paragraph (1) unless the Commission has provided input relating thereto. (b) Notification \nIf the Director issues an advisory described in subsection (a), the Director, in collaboration with the Commission, shall provide to appropriate State election officials and vendors of covered voting systems notification relating thereto.", "id": "HD032B6422CE2429491DCDD13AD025C2C", "header": "Cybersecurity advisories relating to election systems", "nested": [ { "text": "(a) Cybersecurity advisories \n(1) In general \nThe Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security (in this subtitle referred to as the Director ) shall collaborate with the Election Assistance Commission (in this subtitle referred to as the Commission ) to determine if an advisory relating to the cybersecurity of election systems used in the administration of elections for Federal office or the cybersecurity of elections for Federal office generally is necessary. If such a determination is made in the affirmative, the Director shall collaborate with the Commission in the preparation of such an advisory. (2) Prohibition \nThe Director may not issue an advisory described in paragraph (1) unless the Commission has provided input relating thereto.", "id": "H7A872D7B43134BCFBF3CE2B0899BD922", "header": "Cybersecurity advisories", "nested": [], "links": [] }, { "text": "(b) Notification \nIf the Director issues an advisory described in subsection (a), the Director, in collaboration with the Commission, shall provide to appropriate State election officials and vendors of covered voting systems notification relating thereto.", "id": "HDCA2FB40B77249A58B9D531B6BE7A459", "header": "Notification", "nested": [], "links": [] } ], "links": [] }, { "text": "412. Process to test for and monitor cybersecurity vulnerabilities in election equipment \n(a) Process for covered voting systems \n(1) In general \nThe Director and the Commission (in consultation with the Technical Guidelines Development Committee and the Standards Board of the Commission), shall jointly establish a voluntary process to test for and monitor covered voting systems for cybersecurity vulnerabilities. Such process shall include the following: (A) Mitigation strategies and other remedies. (B) Notice to the Commission and appropriate entities of the results of testing conducted pursuant to such process. (2) Implementation \nThe Director shall implement the process established under paragraph (1) at the request of the Commission. (b) Labeling for voting systems \nThe Commission (in consultation with the Technical Guidelines Development Committee and the Standards Board of the Commission), shall establish a process to provide for the deployment of appropriate labeling available through the website of the Commission to indicate that covered voting systems passed the most recent cybersecurity testing pursuant to the process established under subsection (a). (c) Rules of construction \nThe process established under subsection (a), including the results of any testing carried out pursuant to this section, shall not affect— (1) the certification status of equipment used in the administration of an election for Federal office under the Help America Vote Act of 2002; or (2) the authority of the Commission to so certify such equipment under such Act. (d) Exclusive authority of Election Assistance Commission with respect to guidelines and certification of covered voting systems \nNo entity of the Federal Government other than the Election Assistance Commission may issue guidelines with respect to the minimum standards for the testing, certification, decertification, and recertification of covered voting systems. (e) Definition \nIn this section, the term covered voting systems means equipment used in the administration of an election for Federal office that is certified in accordance with versions of Voluntary Voting System Guidelines under the Help America Vote Act of 2002, and includes any related nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002, as added by section 129(b).", "id": "H95161C72441C478294E89BA57104355A", "header": "Process to test for and monitor cybersecurity vulnerabilities in election equipment", "nested": [ { "text": "(a) Process for covered voting systems \n(1) In general \nThe Director and the Commission (in consultation with the Technical Guidelines Development Committee and the Standards Board of the Commission), shall jointly establish a voluntary process to test for and monitor covered voting systems for cybersecurity vulnerabilities. Such process shall include the following: (A) Mitigation strategies and other remedies. (B) Notice to the Commission and appropriate entities of the results of testing conducted pursuant to such process. (2) Implementation \nThe Director shall implement the process established under paragraph (1) at the request of the Commission.", "id": "H88F8DB8D4017428C9D29183224BBF5A5", "header": "Process for covered voting systems", "nested": [], "links": [] }, { "text": "(b) Labeling for voting systems \nThe Commission (in consultation with the Technical Guidelines Development Committee and the Standards Board of the Commission), shall establish a process to provide for the deployment of appropriate labeling available through the website of the Commission to indicate that covered voting systems passed the most recent cybersecurity testing pursuant to the process established under subsection (a).", "id": "H22C787C13D12450D91A5BB935A7D7399", "header": "Labeling for voting systems", "nested": [], "links": [] }, { "text": "(c) Rules of construction \nThe process established under subsection (a), including the results of any testing carried out pursuant to this section, shall not affect— (1) the certification status of equipment used in the administration of an election for Federal office under the Help America Vote Act of 2002; or (2) the authority of the Commission to so certify such equipment under such Act.", "id": "HC5F30F98C02C41A4925CA3833B4A23FD", "header": "Rules of construction", "nested": [], "links": [] }, { "text": "(d) Exclusive authority of Election Assistance Commission with respect to guidelines and certification of covered voting systems \nNo entity of the Federal Government other than the Election Assistance Commission may issue guidelines with respect to the minimum standards for the testing, certification, decertification, and recertification of covered voting systems.", "id": "HB27A6C06F6464699856D9DCEEB4045E1", "header": "Exclusive authority of Election Assistance Commission with respect to guidelines and certification of covered voting systems", "nested": [], "links": [] }, { "text": "(e) Definition \nIn this section, the term covered voting systems means equipment used in the administration of an election for Federal office that is certified in accordance with versions of Voluntary Voting System Guidelines under the Help America Vote Act of 2002, and includes any related nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002, as added by section 129(b).", "id": "H8F1B112610C347CC9A49CF503E5ED572", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "text": "413. Duty of Secretary of Homeland Security to notify State and local officials of election cybersecurity incidents \n(a) Duty To share information with Department of Homeland Security \nIf a Federal entity receives information about an election cybersecurity incident, the Federal entity shall promptly share that information with the Department of Homeland Security, unless the head of the entity (or a Senate-confirmed official designated by the head) makes a specific determination in writing that there is good cause to withhold the particular information. (b) Response To receipt of information by Secretary of Homeland Security \n(1) In general \nUpon receiving information about an election cybersecurity incident under subsection (a), the Secretary of Homeland Security, in consultation with the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall promptly (but in no case later than 96 hours after receiving the information) review the information and make a determination whether each of the following apply: (A) There is credible evidence that the incident occurred. (B) There is a basis to believe that the incident resulted, could have resulted, or could result in voter information systems or voter tabulation systems being altered or otherwise affected. (2) Duty to notify State and local officials \n(A) Duty described \nIf the Secretary makes a determination under paragraph (1) that subparagraphs (A) and (B) of such paragraph apply with respect to an election cybersecurity incident, not later than 96 hours after making the determination, the Secretary shall provide a notification of the incident to each of the following: (i) The chief executive of the State involved. (ii) The State election official of the State involved. (iii) The local election official of the election agency involved. (B) Treatment of classified information \n(i) Efforts to avoid inclusion of classified information \nIn preparing a notification provided under this paragraph to an individual described in clause (i), (ii), or (iii) of subparagraph (A), the Secretary shall attempt to avoid the inclusion of classified information. (ii) Providing guidance to State and local officials \nTo the extent that a notification provided under this paragraph to an individual described in clause (i), (ii), or (iii) of subparagraph (A) includes classified information, the Secretary (in consultation with the Attorney General and the Director of National Intelligence) shall indicate in the notification which information is classified. (3) Exception \n(A) In general \nIf the Secretary, in consultation with the Attorney General and the Director of National Intelligence, makes a determination that it is not possible to provide a notification under paragraph (1) with respect to an election cybersecurity incident without compromising intelligence methods or sources or interfering with an ongoing investigation, the Secretary shall not provide the notification under such paragraph. (B) Ongoing review \nNot later than 30 days after making a determination under subparagraph (A) and every 30 days thereafter, the Secretary shall review the determination. If, after reviewing the determination, the Secretary makes a revised determination that it is possible to provide a notification under paragraph (2) without compromising intelligence methods or sources or interfering with an ongoing investigation, the Secretary shall provide the notification under paragraph (2) not later than 96 hours after making such revised determination. (4) Coordination with Election Assistance Commission \nThe Secretary shall make determinations and provide notifications under this subsection in the same manner, and subject to the same terms and conditions relating to the role of the Election Assistance Commission, in which the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security makes determinations as to the necessity of an advisory and the issuance of an advisory under section 411(a) and the provision of notification under section 411(b). (c) Definitions \nIn this section, the following definitions apply: (1) Election agency \nThe term election agency means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State. (2) Election cybersecurity incident \nThe term election cybersecurity incident means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system of election infrastructure (including a vote tabulation system), or actually or imminently jeopardizes, without lawful authority, such an information system of election infrastructure. (3) Federal election \nThe term Federal election means any election (as defined in section 301(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(1) )) for Federal office (as defined in section 301(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(3) )). (4) Federal entity \nThe term Federal entity means any agency (as defined in section 551 of title 5, United States Code). (5) Local election official \nThe term local election official means the chief election official of a component of a unit of local government of a State that is responsible for administering Federal elections. (6) Secretary \nThe term Secretary means the Secretary of Homeland Security. (7) State \nThe term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ), as amended by section 138. (8) State election official \nThe term State election official means— (A) the chief State election official of a State designated under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ); or (B) in the case of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the United States Virgin Islands, a chief State election official designated by the State for purposes of this Act. (d) Effective date \nThis section shall apply with respect to information about an election cybersecurity incident which is received on or after the date of the enactment of this Act.", "id": "H478C2EC928EE48119CBD84E4683D4919", "header": "Duty of Secretary of Homeland Security to notify State and local officials of election cybersecurity incidents", "nested": [ { "text": "(a) Duty To share information with Department of Homeland Security \nIf a Federal entity receives information about an election cybersecurity incident, the Federal entity shall promptly share that information with the Department of Homeland Security, unless the head of the entity (or a Senate-confirmed official designated by the head) makes a specific determination in writing that there is good cause to withhold the particular information.", "id": "H70CDA0EAF7C448CFA2188542D90CA6EA", "header": "Duty To share information with Department of Homeland Security", "nested": [], "links": [] }, { "text": "(b) Response To receipt of information by Secretary of Homeland Security \n(1) In general \nUpon receiving information about an election cybersecurity incident under subsection (a), the Secretary of Homeland Security, in consultation with the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall promptly (but in no case later than 96 hours after receiving the information) review the information and make a determination whether each of the following apply: (A) There is credible evidence that the incident occurred. (B) There is a basis to believe that the incident resulted, could have resulted, or could result in voter information systems or voter tabulation systems being altered or otherwise affected. (2) Duty to notify State and local officials \n(A) Duty described \nIf the Secretary makes a determination under paragraph (1) that subparagraphs (A) and (B) of such paragraph apply with respect to an election cybersecurity incident, not later than 96 hours after making the determination, the Secretary shall provide a notification of the incident to each of the following: (i) The chief executive of the State involved. (ii) The State election official of the State involved. (iii) The local election official of the election agency involved. (B) Treatment of classified information \n(i) Efforts to avoid inclusion of classified information \nIn preparing a notification provided under this paragraph to an individual described in clause (i), (ii), or (iii) of subparagraph (A), the Secretary shall attempt to avoid the inclusion of classified information. (ii) Providing guidance to State and local officials \nTo the extent that a notification provided under this paragraph to an individual described in clause (i), (ii), or (iii) of subparagraph (A) includes classified information, the Secretary (in consultation with the Attorney General and the Director of National Intelligence) shall indicate in the notification which information is classified. (3) Exception \n(A) In general \nIf the Secretary, in consultation with the Attorney General and the Director of National Intelligence, makes a determination that it is not possible to provide a notification under paragraph (1) with respect to an election cybersecurity incident without compromising intelligence methods or sources or interfering with an ongoing investigation, the Secretary shall not provide the notification under such paragraph. (B) Ongoing review \nNot later than 30 days after making a determination under subparagraph (A) and every 30 days thereafter, the Secretary shall review the determination. If, after reviewing the determination, the Secretary makes a revised determination that it is possible to provide a notification under paragraph (2) without compromising intelligence methods or sources or interfering with an ongoing investigation, the Secretary shall provide the notification under paragraph (2) not later than 96 hours after making such revised determination. (4) Coordination with Election Assistance Commission \nThe Secretary shall make determinations and provide notifications under this subsection in the same manner, and subject to the same terms and conditions relating to the role of the Election Assistance Commission, in which the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security makes determinations as to the necessity of an advisory and the issuance of an advisory under section 411(a) and the provision of notification under section 411(b).", "id": "H4BF2A1702225473281853B7163772435", "header": "Response To receipt of information by Secretary of Homeland Security", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section, the following definitions apply: (1) Election agency \nThe term election agency means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State. (2) Election cybersecurity incident \nThe term election cybersecurity incident means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system of election infrastructure (including a vote tabulation system), or actually or imminently jeopardizes, without lawful authority, such an information system of election infrastructure. (3) Federal election \nThe term Federal election means any election (as defined in section 301(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(1) )) for Federal office (as defined in section 301(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(3) )). (4) Federal entity \nThe term Federal entity means any agency (as defined in section 551 of title 5, United States Code). (5) Local election official \nThe term local election official means the chief election official of a component of a unit of local government of a State that is responsible for administering Federal elections. (6) Secretary \nThe term Secretary means the Secretary of Homeland Security. (7) State \nThe term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ), as amended by section 138. (8) State election official \nThe term State election official means— (A) the chief State election official of a State designated under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ); or (B) in the case of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the United States Virgin Islands, a chief State election official designated by the State for purposes of this Act.", "id": "H6F8B151E02374EE583B6A8B06DF4689E", "header": "Definitions", "nested": [], "links": [ { "text": "52 U.S.C. 30101(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" }, { "text": "52 U.S.C. 20509", "legal-doc": "usc", "parsable-cite": "usc/52/20509" } ] }, { "text": "(d) Effective date \nThis section shall apply with respect to information about an election cybersecurity incident which is received on or after the date of the enactment of this Act.", "id": "H5F76201E5C754653B1D47CFE8C8EF135", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" }, { "text": "52 U.S.C. 20509", "legal-doc": "usc", "parsable-cite": "usc/52/20509" } ] }, { "text": "501. Sense of Congress on authority to establish maps of congressional districts \nIt is the sense of Congress that, while Congress is authorized under the Constitution of the United States to ensure that congressional redistricting is carried out in a manner consistent with the Constitution, only a State has the authority to establish maps of the congressional districts of the State and to determine the procedures and criteria used to establish such maps.", "id": "H4F2078C2296048DD860FB8CA907F424F", "header": "Sense of Congress on authority to establish maps of congressional districts", "nested": [], "links": [] }, { "text": "502. Authority for Speaker of the House to join certain civil actions relating to apportionment \nThe Speaker of the House of Representatives or the Speaker's designee or designees may commence or join in a civil action, for and on behalf of the House of Representatives, under any applicable law, to prevent the use of any statistical method, in connection with the decennial census, to determine the population for purposes of the apportionment or redistricting of Members in Congress. It shall be the duty of the Office of the General Counsel of the House of Representatives to represent the House in such civil action, according to the directions of the Speaker. The Office of the General Counsel of the House of Representatives may employ the services of outside counsel and other experts for this purpose.", "id": "H77D600839A83461D874A7A0CF7171578", "header": "Authority for Speaker of the House to join certain civil actions relating to apportionment", "nested": [], "links": [] }, { "text": "503. Census Monitoring Board \n(a) Short title \nThis section may be cited as the Citizen Census Monitoring Board Permanent Authorization Act of 2023. (b) Findings \nCongress finds the following: (1) The 2020 decennial census of population was conducted amongst unique and difficult circumstances which have caused many of its results to be questioned as regards their accuracy and legality. (2) Privacy limitations prevent the decennial census from being a transparent process, therefore limiting the ability of the public and even Congress or the courts from effectively monitoring the entire census process. (3) Only an independent bipartisan Board with the same access to data and documentation as the Bureau of the Census itself can effectively monitor the decennial census process. (4) Therefore, in order to achieve these goals, the Congress finds that a bipartisan Census Monitoring Board should be established. (c) Establishment \nThere shall be established a board to be known as the Census Monitoring Board (in this section referred to as the Board ). (d) Duties \nThe function of the Board shall be to review all aspects of the preparation and implementation, data and results, and all post-enumeration activities and procedures, of the 2020 decennial census of population under section 141 of title 13, United States Code (including all dress rehearsals and other simulations of a census in preparation therefor), and observe and monitor all aspects of the preparation and implementation of the 2030 decennial census and each decennial census thereafter (including all dress rehearsals and other simulations of a census in preparation therefor). (e) Members \n(1) In general \nThe Board shall be composed of 6 members, appointed as follows: (A) One individual appointed by the majority leader of the Senate. (B) Two individuals appointed by the Speaker of the House of Representatives. (C) One individual appointed by the minority leader of the Senate. (D) Two individuals appointed by the minority leader of the House of Representatives. (2) Appointment \nEach member of the Board shall be appointed within 60 days after the date of the enactment of this Act. A vacancy in the Board shall be filled in the manner in which the original appointment was made. Members of the Board’s terms shall expire when the Houses of Congress are reorganized, except that a member shall continue to serve as a member until their replacement is appointed. (3) Compensation \nMembers shall not be entitled to any pay by reason of their service on the Board, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (4) Bipartisan \nThe Board shall be bipartisan and each party’s appointees shall caucus separately and elect a co-chair from each caucus. (5) Meetings \nThe Board shall meet at the call of either co-chair. (6) Quorum \nA quorum shall consist of four members of the Board. (7) Regulations \nThe Board may promulgate any regulations necessary to carry out its duties. (f) Executive directors \n(1) In general \nEach caucus of the Board shall have an executive director who shall be appointed by the members of the two most numerous caucuses, each of whom shall be paid at a rate not to exceed level IV of the Executive Schedule under section 5315 of title 5, United States Code. (2) Staff and services \n(A) In general \nSubject to such rules as the Board may prescribe, each executive director— (i) may appoint and fix the pay of such additional personnel as that executive director considers appropriate; and (ii) may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of pay payable for grade GS–15 of the General Schedule. (B) Board rules \nSuch rules shall include provisions to ensure an equitable division or sharing of resources, as appropriate, between the respective staff of the Board. (3) Board staff \nThe staff of the Board shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (4) Facilities \nThe Administrator of the General Services Administration, in coordination with the Secretary of Commerce, shall locate suitable office space for the operation of the Board in the headquarters of the Bureau of the Census in Suitland, Maryland. The facilities shall serve as the headquarters of the Board and shall include all necessary equipment and incidentals required for the proper functioning of the Board. (g) Other authorities \n(1) Hearings \nFor the purpose of carrying out its duties, the Board may hold such hearings (at the call of either co-chair) and undertake such other activities as the Board determines to be necessary to carry out its duties. (2) Access to information \n(A) In general \nEach co-chair of the Board and any Board staff who may be designated by the Board under this subparagraph shall be granted access to any data, files, information, or other matters maintained by the Bureau of the Census (or received by it in the course of conducting a decennial census of population) which they may request, subject to such regulations as the Board may prescribe in consultation with the Secretary of Commerce. No information may be withheld pursuant to title 13, United States Code, and all members of the Board and Board staff shall be sworn to protect the confidentiality and privilege of all data and information protected by such title. (B) Agency information \nThe Board or the co-chairs acting jointly may secure directly from any other Federal agency, including the White House, all information that the Board considers necessary to enable the Board to carry out its duties. Upon request of the Board or both co-chairs, the head of that agency (or other person duly designated for purposes of this paragraph) shall furnish that information to the Board. (3) Regulations \nThe Board shall prescribe regulations under which any member of the Board or of its staff, and any person whose services are procured under subsection (e)(2)(A)(ii), who gains access to any information or other matter pursuant to this subsection shall, to the extent that any provisions of section 9 or section 214 of title 13, United States Code, would apply with respect to such matter in the case of an employee of the Department of Commerce, be subject to such provisions. (4) Detail authority \nUpon the request of the Board, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Board to assist the Board in carrying out its duties. Any such detail of a Federal employee under this paragraph shall not interrupt or otherwise affect the civil service status or privileges of the employee. (5) Technical assistance \nUpon the request of the Board, the head of a Federal agency shall provide such technical assistance to the Board as the Board determines to be necessary to carry out its duties. (6) Use of mails \nThe Board may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (7) Support services \nUpon request of the Board, the Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request. (8) Printing costs \nFor purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Publishing Office, the Board shall be deemed to be a committee of the Congress. (h) Reports \n(1) 2020 census \nThe Board shall transmit to the Congress— (A) interim reports, with the first such report due by April 1, 2024; (B) additional reports, the first of which shall be due by February 1, 2025, the second of which shall be due by April 1, 2025, and subsequent reports at least semiannually thereafter; (C) a final report on the 2020 Census shall be due by September 1, 2025; and (D) any other reports which the Board or either co-chair considers appropriate. (2) Subsequent censuses \nWith respect to the 2030 decennial census of population and each decennial census thereafter, the Board shall transmit to Congress— (A) an interim report due not later than September 1 of the second year following the year in which a decennial census occurs; (B) a final report not later than September 1 of the third year following the year in which a decennial census occurs; and (C) any other reports which the Board or either co-chair considers appropriate. (3) Final report contents \nA final report under paragraph (1)(C) or (2)(B) shall contain a detailed statement of the findings and conclusions of the Board with respect to the matters described in subsection (c). (4) Report contents \nIn addition to any matter otherwise required under this subsection, each such report shall address, with respect to the period covered by such report— (A) the degree to which efforts of the Bureau of the Census to prepare to conduct the decennial census— (i) shall achieve maximum possible accuracy at every level of geography; (ii) shall be taken by means of an enumeration process designed to count every individual possible; (iii) shall be free from political bias and arbitrary decisions; and (iv) comply with all legal and constitutional requirements; and (B) efforts by the Bureau of the Census intended to contribute to enumeration improvement, specifically in connection with— (i) computer modernization and the appropriate use of automation; (ii) address list development; (iii) outreach and promotion efforts at all levels designed to maximize response rates, especially among groups that have historically been undercounted (including measures undertaken in conjunction with local government and community and other groups); (iv) establishment and operation of field offices; and (v) efforts relating to the recruitment, hiring, and training of enumerators. (5) Availability of data and information \nAny data or other information obtained by the Board under this section shall be made available to any committee or subcommittee of Congress of appropriate jurisdiction upon request of the chair or ranking minority member of such committee or subcommittee. No such committee or subcommittee, or member thereof, shall disclose any information obtained under this paragraph which is submitted to it on a confidential basis unless the full committee determines that the withholding of that information is contrary to the national interest. (6) Use of contractors \nThe Board shall study and submit to Congress, as part of its first report under paragraph (1)(A), its findings and recommendations as to the feasibility and desirability of using postal personnel or private contractors to help carry out the decennial census. (i) Accuracy of census \nTo the extent practicable, members of the Board shall work to promote the most accurate and complete decennial census possible by using their positions to publicize the need for full and timely responses to decennial census questionnaires. (j) Limitation on Board members and staff \n(1) In general \nNo individual described in paragraph (2) may— (A) be appointed or serve as a member of the Board or as a member of the staff of the Board; or (B) enter into any contract with the Board. (2) Individuals covered \nAn individual described in this paragraph is any individual who is serving or who has ever served— (A) as the Director of the Census; or (B) with any committee or subcommittee of either House of Congress having jurisdiction over any aspect of the decennial census as— (i) a Member of Congress; or (ii) a congressional employee. (k) Exception for use of information \nSection 9(a) of title 13, United States Code, is amended in the matter before paragraph (1)— (1) by striking or section 210 and inserting , section 210 ; (2) by striking 1998 or and inserting 1998, ; and (3) by striking 1997 and inserting , or section 502 of the ACE Act. (l) Authorization of appropriations \nThere is authorized to be appropriated $7,500,000 for fiscal year 2024 and each fiscal year thereafter to carry out this section.", "id": "HF7E05C2CE02C4083BC79DA8406CFA3F9", "header": "Census Monitoring Board", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Citizen Census Monitoring Board Permanent Authorization Act of 2023.", "id": "HBC78B4FF18C447D1AE0488A7A97117D1", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings \nCongress finds the following: (1) The 2020 decennial census of population was conducted amongst unique and difficult circumstances which have caused many of its results to be questioned as regards their accuracy and legality. (2) Privacy limitations prevent the decennial census from being a transparent process, therefore limiting the ability of the public and even Congress or the courts from effectively monitoring the entire census process. (3) Only an independent bipartisan Board with the same access to data and documentation as the Bureau of the Census itself can effectively monitor the decennial census process. (4) Therefore, in order to achieve these goals, the Congress finds that a bipartisan Census Monitoring Board should be established.", "id": "HD4EB84E492954D5DA8484FD908EBBCA9", "header": "Findings", "nested": [], "links": [] }, { "text": "(c) Establishment \nThere shall be established a board to be known as the Census Monitoring Board (in this section referred to as the Board ).", "id": "H175FC8C8B4AA4441AF7DA027003F5E24", "header": "Establishment", "nested": [], "links": [] }, { "text": "(d) Duties \nThe function of the Board shall be to review all aspects of the preparation and implementation, data and results, and all post-enumeration activities and procedures, of the 2020 decennial census of population under section 141 of title 13, United States Code (including all dress rehearsals and other simulations of a census in preparation therefor), and observe and monitor all aspects of the preparation and implementation of the 2030 decennial census and each decennial census thereafter (including all dress rehearsals and other simulations of a census in preparation therefor).", "id": "H809105A2A0C241EFB5735911D3F8632D", "header": "Duties", "nested": [], "links": [] }, { "text": "(e) Members \n(1) In general \nThe Board shall be composed of 6 members, appointed as follows: (A) One individual appointed by the majority leader of the Senate. (B) Two individuals appointed by the Speaker of the House of Representatives. (C) One individual appointed by the minority leader of the Senate. (D) Two individuals appointed by the minority leader of the House of Representatives. (2) Appointment \nEach member of the Board shall be appointed within 60 days after the date of the enactment of this Act. A vacancy in the Board shall be filled in the manner in which the original appointment was made. Members of the Board’s terms shall expire when the Houses of Congress are reorganized, except that a member shall continue to serve as a member until their replacement is appointed. (3) Compensation \nMembers shall not be entitled to any pay by reason of their service on the Board, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (4) Bipartisan \nThe Board shall be bipartisan and each party’s appointees shall caucus separately and elect a co-chair from each caucus. (5) Meetings \nThe Board shall meet at the call of either co-chair. (6) Quorum \nA quorum shall consist of four members of the Board. (7) Regulations \nThe Board may promulgate any regulations necessary to carry out its duties.", "id": "H6DF6DEAFEBF5441F81AE9DB1A7FE1853", "header": "Members", "nested": [], "links": [] }, { "text": "(f) Executive directors \n(1) In general \nEach caucus of the Board shall have an executive director who shall be appointed by the members of the two most numerous caucuses, each of whom shall be paid at a rate not to exceed level IV of the Executive Schedule under section 5315 of title 5, United States Code. (2) Staff and services \n(A) In general \nSubject to such rules as the Board may prescribe, each executive director— (i) may appoint and fix the pay of such additional personnel as that executive director considers appropriate; and (ii) may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of pay payable for grade GS–15 of the General Schedule. (B) Board rules \nSuch rules shall include provisions to ensure an equitable division or sharing of resources, as appropriate, between the respective staff of the Board. (3) Board staff \nThe staff of the Board shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (4) Facilities \nThe Administrator of the General Services Administration, in coordination with the Secretary of Commerce, shall locate suitable office space for the operation of the Board in the headquarters of the Bureau of the Census in Suitland, Maryland. The facilities shall serve as the headquarters of the Board and shall include all necessary equipment and incidentals required for the proper functioning of the Board.", "id": "H0AE0A533CED1405B86C5736F612395A9", "header": "Executive directors", "nested": [], "links": [] }, { "text": "(g) Other authorities \n(1) Hearings \nFor the purpose of carrying out its duties, the Board may hold such hearings (at the call of either co-chair) and undertake such other activities as the Board determines to be necessary to carry out its duties. (2) Access to information \n(A) In general \nEach co-chair of the Board and any Board staff who may be designated by the Board under this subparagraph shall be granted access to any data, files, information, or other matters maintained by the Bureau of the Census (or received by it in the course of conducting a decennial census of population) which they may request, subject to such regulations as the Board may prescribe in consultation with the Secretary of Commerce. No information may be withheld pursuant to title 13, United States Code, and all members of the Board and Board staff shall be sworn to protect the confidentiality and privilege of all data and information protected by such title. (B) Agency information \nThe Board or the co-chairs acting jointly may secure directly from any other Federal agency, including the White House, all information that the Board considers necessary to enable the Board to carry out its duties. Upon request of the Board or both co-chairs, the head of that agency (or other person duly designated for purposes of this paragraph) shall furnish that information to the Board. (3) Regulations \nThe Board shall prescribe regulations under which any member of the Board or of its staff, and any person whose services are procured under subsection (e)(2)(A)(ii), who gains access to any information or other matter pursuant to this subsection shall, to the extent that any provisions of section 9 or section 214 of title 13, United States Code, would apply with respect to such matter in the case of an employee of the Department of Commerce, be subject to such provisions. (4) Detail authority \nUpon the request of the Board, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Board to assist the Board in carrying out its duties. Any such detail of a Federal employee under this paragraph shall not interrupt or otherwise affect the civil service status or privileges of the employee. (5) Technical assistance \nUpon the request of the Board, the head of a Federal agency shall provide such technical assistance to the Board as the Board determines to be necessary to carry out its duties. (6) Use of mails \nThe Board may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (7) Support services \nUpon request of the Board, the Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request. (8) Printing costs \nFor purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Publishing Office, the Board shall be deemed to be a committee of the Congress.", "id": "HA854132A20874BFCB870E429142367B5", "header": "Other authorities", "nested": [], "links": [] }, { "text": "(h) Reports \n(1) 2020 census \nThe Board shall transmit to the Congress— (A) interim reports, with the first such report due by April 1, 2024; (B) additional reports, the first of which shall be due by February 1, 2025, the second of which shall be due by April 1, 2025, and subsequent reports at least semiannually thereafter; (C) a final report on the 2020 Census shall be due by September 1, 2025; and (D) any other reports which the Board or either co-chair considers appropriate. (2) Subsequent censuses \nWith respect to the 2030 decennial census of population and each decennial census thereafter, the Board shall transmit to Congress— (A) an interim report due not later than September 1 of the second year following the year in which a decennial census occurs; (B) a final report not later than September 1 of the third year following the year in which a decennial census occurs; and (C) any other reports which the Board or either co-chair considers appropriate. (3) Final report contents \nA final report under paragraph (1)(C) or (2)(B) shall contain a detailed statement of the findings and conclusions of the Board with respect to the matters described in subsection (c). (4) Report contents \nIn addition to any matter otherwise required under this subsection, each such report shall address, with respect to the period covered by such report— (A) the degree to which efforts of the Bureau of the Census to prepare to conduct the decennial census— (i) shall achieve maximum possible accuracy at every level of geography; (ii) shall be taken by means of an enumeration process designed to count every individual possible; (iii) shall be free from political bias and arbitrary decisions; and (iv) comply with all legal and constitutional requirements; and (B) efforts by the Bureau of the Census intended to contribute to enumeration improvement, specifically in connection with— (i) computer modernization and the appropriate use of automation; (ii) address list development; (iii) outreach and promotion efforts at all levels designed to maximize response rates, especially among groups that have historically been undercounted (including measures undertaken in conjunction with local government and community and other groups); (iv) establishment and operation of field offices; and (v) efforts relating to the recruitment, hiring, and training of enumerators. (5) Availability of data and information \nAny data or other information obtained by the Board under this section shall be made available to any committee or subcommittee of Congress of appropriate jurisdiction upon request of the chair or ranking minority member of such committee or subcommittee. No such committee or subcommittee, or member thereof, shall disclose any information obtained under this paragraph which is submitted to it on a confidential basis unless the full committee determines that the withholding of that information is contrary to the national interest. (6) Use of contractors \nThe Board shall study and submit to Congress, as part of its first report under paragraph (1)(A), its findings and recommendations as to the feasibility and desirability of using postal personnel or private contractors to help carry out the decennial census.", "id": "HEF5943BE3DA04E2093FB7946294CF354", "header": "Reports", "nested": [], "links": [] }, { "text": "(i) Accuracy of census \nTo the extent practicable, members of the Board shall work to promote the most accurate and complete decennial census possible by using their positions to publicize the need for full and timely responses to decennial census questionnaires.", "id": "H4740863FCF0F45088BC666F5E5EDD00B", "header": "Accuracy of census", "nested": [], "links": [] }, { "text": "(j) Limitation on Board members and staff \n(1) In general \nNo individual described in paragraph (2) may— (A) be appointed or serve as a member of the Board or as a member of the staff of the Board; or (B) enter into any contract with the Board. (2) Individuals covered \nAn individual described in this paragraph is any individual who is serving or who has ever served— (A) as the Director of the Census; or (B) with any committee or subcommittee of either House of Congress having jurisdiction over any aspect of the decennial census as— (i) a Member of Congress; or (ii) a congressional employee.", "id": "H6D6C52D64CC64803850C4994700810D0", "header": "Limitation on Board members and staff", "nested": [], "links": [] }, { "text": "(k) Exception for use of information \nSection 9(a) of title 13, United States Code, is amended in the matter before paragraph (1)— (1) by striking or section 210 and inserting , section 210 ; (2) by striking 1998 or and inserting 1998, ; and (3) by striking 1997 and inserting , or section 502 of the ACE Act.", "id": "HAB16919226F44CEC8799067D4D2EBA8B", "header": "Exception for use of information", "nested": [], "links": [] }, { "text": "(l) Authorization of appropriations \nThere is authorized to be appropriated $7,500,000 for fiscal year 2024 and each fiscal year thereafter to carry out this section.", "id": "H85B41C0291E1436F9CFCC19A3E30FBE8", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "601. Termination of the Disinformation Governance Board \nThe Disinformation Governance Board of the Department of Homeland Security is hereby terminated.", "id": "HAAFB2373493B4F6DA64E4DF0091834CD", "header": "Termination of the Disinformation Governance Board", "nested": [], "links": [] }, { "text": "602. Prohibition on funding similar board or similar activities \nNo Federal funds authorized to be appropriated or otherwise made available may be used to establish any other entity that is substantially similar to the Disinformation Governance Board terminated by section 601 or to carry out activities that are substantially similar to the Disinformation Governance Board terminated by section 601.", "id": "H8D42CB55346E4D759831596C33DF7C9A", "header": "Prohibition on funding similar board or similar activities", "nested": [], "links": [] }, { "text": "701. Severability \nIf any provision of this Act or any amendment made by this Act, or the application of any such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of such provision or amendment to any other person or circumstance, shall not be affected by the holding.", "id": "H6F89DAAE4D01413F83EF4DB762395E8D", "header": "Severability", "nested": [], "links": [] } ]
122
1. Short title This Act may be cited as the American Confidence in Elections Act or the ACE Act. 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. General findings. Title I—Election Administration Integrity Subtitle A—Findings Relating to State Administration of Federal Elections Sec. 101. Findings Relating to State Administration of Federal Elections. Subtitle B—Voluntary Considerations for State Administration of Federal Elections Sec. 111. Short title. Sec. 112. Findings. Sec. 113. Election integrity voluntary considerations and Federal forum for State information sharing. Subtitle C—Requirements to Promote Integrity in Election Administration Sec. 121. Ensuring only eligible American citizens may participate in Federal elections. Sec. 122. State reporting requirements with respect to voter list maintenance. Sec. 123. Contents of State mail voter registration form. Sec. 124. Provision of photographic citizen voter identification tools for State use. Sec. 125. Mandatory provision of identification for certain voters not voting in person. Sec. 126. Confirming access for Congressional election observers. Sec. 127. Use of requirements payments for post-election audits. Sec. 128. Increase in threshold for requiring information reporting with respect to certain payees. Sec. 129. Voluntary guidelines with respect to nonvoting election technology. Sec. 130. Status reports by National Institute of Standards and Technology. Sec. 131. 501( c )(3) organizations prohibited from providing direct or indirect funding for election administration. Sec. 132. Federal agency involvement in voter registration activities. Sec. 133. Prohibition on use of Federal funds for election administration in States that permit ballot harvesting. Sec. 134. Clarification with respect to Federal election record-keeping requirement. Sec. 135. Clarification of rules with respect to hiring of election workers. Sec. 136. State assistance in assigning mailing addresses with respect to Tribal Governments. Sec. 137. State defined. Sec. 138. Voter registration for applicants without driver’s license or social security number. Sec. 139. GAO study on domestic manufacturing and assembly of voting equipment. Subtitle D—District of Columbia Election Integrity and Voter Confidence Sec. 141. Short title. Sec. 142. Statement of congressional authority; findings. Sec. 143. Requirements for elections in District of Columbia. Sec. 144. Repeal of Local Resident Voting Rights Amendment Act of 2022. Sec. 145. Effective date. Subtitle E—Administration of the Election Assistance Commission Sec. 151. Short title. Sec. 152. Findings relating to the administration of the Election Assistance Commission. Sec. 153. Requirements with respect to staff and funding of the Election Assistance Commission. Sec. 154. General requirements for payments made by Election Assistance Commission. Sec. 155. Executive Board of the Standards Board authority to enter into contracts. Sec. 156. Election Assistance Commission primary role in election administration assistance. Sec. 157. Clarification of the duties of the Election Assistance Commission. Sec. 158. Election Assistance Commission powers. Sec. 159. Membership of the Local Leadership Council. Sec. 160. Rule of construction. Subtitle F—Prohibition on Involvement in Elections by Foreign Nationals Sec. 161. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Sec. 162. Prohibiting providing assistance to foreign nationals in making contributions or donations in connection with elections. Sec. 163. Prohibition on contributions by foreign nationals to certain tax-exempt entities. Subtitle G—Constitutional Experts Panel with Respect to Presidential Elections Sec. 171. Short title. Sec. 172. Establishment of panel of constitutional experts. Title II—Military Voting Administration Sec. 200. Short title. Subtitle A—Findings Relating to Military Voting Sec. 201. Findings relating to military voting. Subtitle B—GAO Analysis on Military Voting Access Sec. 211. Government Accountability Office report on implementation of Uniformed and Overseas Citizens Absentee Voting Act and improving access to voter registration information and assistance for absent uniformed services voters. Title III—First Amendment Protection Act Sec. 300. Short title. Subtitle A—Protecting Political Speech and Freedom of Association Part 1—Protecting Political Speech Sec. 301. Findings. Sec. 302. Repeal of limits on coordinated political party expenditures. Sec. 303. Repeal of limit on aggregate contributions by individuals. Sec. 304. Equalization of contribution limits to State and national political party committees. Sec. 305. Expansion of permissible Federal election activity by State and local political parties. Sec. 306. Participation in joint fundraising activities by multiple political committees. Part 2—Protecting Freedom of Association Sec. 307. Findings. Sec. 308. Protecting privacy of donors to tax-exempt organizations. Sec. 309. Reporting requirements for tax-exempt organizations. Sec. 310. Maintenance of standards for determining eligibility of section 501(c)(4) organizations. Subtitle B—Prohibition on Use of Federal funds for Congressional Campaigns Sec. 311. Prohibiting use of Federal funds for payments in support of congressional campaigns. Subtitle C—Registration and Reporting Requirements Sec. 321. Electronic filing of electioneering communication reports. Sec. 322. Increased qualifying threshold and establishing purpose for political committees. Sec. 323. Increased threshold with respect to independent expenditure reporting requirement. Sec. 324. Increased qualifying threshold with respect to candidates. Sec. 325. Repeal requirement of persons making independent expenditures to report identification of certain donors. Subtitle D—Exclusion of Certain Amounts from Treatment as Contributions or Expenditures Sec. 331. Increased threshold for exemption of certain amounts as contributions. Sec. 332. Exemption of uncompensated internet communications from treatment as contribution or expenditure. Sec. 333. Media exemption. Subtitle E—Prohibition on Issuance of Regulations on Political Contributions Sec. 341. Prohibition on issuance of regulations on Political Contributions. Subtitle F—Miscellaneous Provisions Sec. 351. Permanent extension of fines for qualified disclosure requirement violations. Sec. 352. Permitting political committees to make disbursements by methods other than check. Sec. 353. Designation of individual authorized to make campaign committee disbursements in event of death of candidate. Sec. 354. Prohibiting aiding or abetting making of contributions in name of another. Sec. 355. Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission. Sec. 356. Federal Election Commission member pay. Sec. 357. Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971. Sec. 358. Theft from political committee as a Federal crime. Sec. 359. Repeal of obsolete provisions of law. Sec. 360. Deadline for promulgation of proposed regulations. Title IV—Election Security Subtitle A—Promoting Election Security Sec. 401. Short title. Sec. 402. Reports to Congress on foreign threats to elections. Sec. 403. Rule of construction. Subtitle B—Cybersecurity for Election Systems Sec. 411. Cybersecurity advisories relating to election systems. Sec. 412. Process to test for and monitor cybersecurity vulnerabilities in election equipment. Sec. 413. Duty of Secretary of Homeland Security to notify State and local officials of election cybersecurity incidents. Title V—Congressional Redistricting Sec. 501. Sense of Congress on authority to establish maps of congressional districts. Sec. 502. Authority for Speaker of the House to join certain civil actions relating to apportionment. Sec. 503. Census Monitoring Board. Title VI—Disinformation Governance Board Sec. 601. Termination of the Disinformation Governance Board. Sec. 602. Prohibition on funding similar board or similar activities. Title VII—Severability Sec. 701. Severability. 3. General findings Congress finds the following: (1) According to article 1, section 4 of the Constitution of the United States, the States have the primary role in establishing (t)he Times, Places and Manners of holding Elections for Senators and Representatives , while Congress has a purely secondary role in this space and must restrain itself from acting improperly and unconstitutionally. (2) Federal election legislation should never be the first step and must never impose burdensome, unfunded Federal mandates on State and local elections officials. When Congress does speak, it must devote its efforts only to resolving highly significant and substantial deficiencies to ensure the integrity of our elections. State legislatures are the primary venues to establish rules for governing elections and correct most issues. (3) All eligible American voters who wish to participate must have the opportunity to vote, and all lawful votes must be counted. (4) States must balance appropriate election administration structures and systems with accessible access to the ballot box. (5) Political speech is protected speech. (6) The First Amendment protects the right of all Americans to state their political views and donate money to the candidates, causes, and organizations of their choice without fear of retribution. (7) Redistricting decisions are best made at the State level. (8) States must maintain the flexibility to determine the best redistricting processes for the particular needs of their citizens. (9) Congress has independent authority under the Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments to ensure elections are conducted without unlawful discrimination. (10) The Civil Rights Act and the Voting Rights Act, which are not anchored in article 1, section 4 of the Constitution, have seen much success since their passage in 1964 and 1965, and Congress should continue to exercise its constitutional authority in this space as appropriate. 101. Findings Relating to State Administration of Federal Elections (a) Sense of Congress It is the sense of Congress that constitutional scholar Robert Natelson has done invaluable work with respect to the history and understanding of the Elections Clause. (b) Findings Congress finds the following: (1) The Constitution reserves to the States the primary authority and the duty to set election legislation and administer elections—the times, places, and manner of holding of elections —and Congress’ power in this space is purely secondary to the States’ power and is to be employed only in the direst of circumstances. History, precedent, the Framers’ words, debates concerning ratification, the Supreme Court, and the Constitution itself make it exceedingly clear that Congress’ power over elections is not unfettered. (2) The Framing Generation grappled with the failure of the Articles of Confederation, which provided for only a weak national government incapable of preserving the Union. Under the Articles, the States had exclusive authority over Federal elections held within their territory; but, given the difficulties the national government had experienced with State cooperation (e.g., the failure of Rhode Island to send delegates to the Confederation Congress), the Federalists, including Alexander Hamilton, were concerned with the possibility that the States, in an effort to destroy the Federal government, simply might not hold elections or that an emergency, such as an invasion or insurrection, might prevent the operation of a State’s government, leaving the Congress without Members and the Federal government unable to respond. (3) Quite plainly, Alexander Hamilton, a leading Federalist and proponent of our Constitution, understood the Elections Clause as serving only as a sort of emergency fail-safe, not as a cudgel used to nationalize our elections process. Writing as Publius to the people of New York, Hamilton further expounds on the correct understanding of the Elections Clause: T[he] natural order of the subject leads us to consider, in this place, that provision of the Constitution which authorizes the national legislature to regulate, in the last resort, the election of its own members.. Alexander Hamilton (writing as Publius), Federalist no. 59, Concerning the Power of Congress to Regulate the Election of Members, N.Y. PACKET (Fri., Feb. 22, 1788). (4) When questioned at the States’ constitutional ratifying conventions with respect to this provision, the Federalists confirmed this understanding of a constitutionally limited, secondary congressional power under article 1, section 4. ( [C]onvention delegate James McHenry added that the risk to the federal government [without a fail-safe provision] might not arise from state malice: An insurrection or rebellion might prevent a state legislature from administering an election. ); ( An occasion may arise when the exercise of this ultimate power of Congress may be necessary... if a state should be involved in war, and its legislature could not assemble, (as was the case of South Carolina and occasionally of some other states, during the [Revolutionary] war). ); ( Sir, let it be remembered that this power can only operate in a case of necessity, after the factious or listless disposition of a particular state has rendered an interference essential to the salvation of the general government. ). See Robert G. Natelson, The Original Scope of the Congressional Power to Regulate Elections, 13 U. PA. J. CONST. L. 1, 12–13 (Nov. 2010). (5) John Jay made similar claims in New York. And, as constitutional scholar Robert Natelson notes in his invaluable article, The Original Scope of the Congressional Power to Regulate Elections, Alexander Contee Hanson, a member of Congress whose pamphlet supporting the Constitution proved popular, stated flatly that Congress would exercise its times, places, and manner authority only in cases of invasion, legislative neglect or obstinate refusal to pass election laws [providing for the election of Members of Congress], or if a state crafted its election laws with a sinister purpose or to injure the general government. Cementing his point, Hanson goes further to decree, The exercise of this power must at all times be so very invidious, that congress will not venture upon it without some very cogent and substantial reason.. Alexander Contee Hanson (writing as Astrides), Remarks on the Proposed Plan: 31 January, reprinted in John P. Kaminski, Gaspare J. Saladino, and Richard Leffler (eds.), 3 Commentaries on the Constitution, public and private 18 December 1787 to 31 January 1788, 522–26 (1984). (6) In fact, had the alternate view of the Elections Clause been accepted at the time of the Constitution’s drafting—that is, that it offers Congress unfettered power over Federal elections—it is likely that the Constitution would not have been ratified or that an amendment to this language would have been required. (7) Indeed, at least seven of the original 13 States—over half and enough to prevent the Constitution from being ratified—expressed specific concerns with the language of the Elections Clause. See 1 Annals of Cong. 799 (1789), Joseph Gales (ed.) (1834). However, [l]eading Federalists... assured them... that, even without amendment, the [Elections] Clause should be construed as limited to emergencies. Three States, New York, North Carolina, and Rhode Island, specifically made their ratification contingent on this understanding being made express. Ratification of the Constitution by the State of New York (July 26, 1788) ( Under these impressions and declaring that the rights aforesaid cannot be abridged or violated, and the Explanations aforesaid are consistent with the said Constitution, And in confidence that the Amendments which have been proposed to the said Constitution will receive early and mature Consideration: We the said Delegates, in the Name and in [sic] the behalf of the People of the State of New York Do by these presents Assent to and Ratify the said Constitution. In full Confidence... that the Congress will not make or alter any Regulation in this State respecting the times places and manner of holding Elections for Senators or Representatives unless the Legislature of this State shall neglect or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same, and that in those cases such power will only be exercised until the Legislature of this State shall make provision in the Premises ); Ratification of the Constitution by the State of North Carolina (Nov. 21, 1789) ( That Congress shall not alter, modify, or interfere in the times, places, or manner of holding elections for senators and representatives, or either of them, except when the legislature of any state shall neglect, refuse or be disabled by invasion or rebellion, to prescribe the same. ); Ratification of the Constitution by the State of Rhode Island (May 29, 1790) ( Under these impressions, and declaring, that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid, are consistent with the said constitution, and in confidence that the amendments hereafter mentioned, will receive an early and mature consideration, and conformably to the fifth article of said constitution, speedily become a part thereof; We the said delegates, in the name, and in [sic] the behalf of the People, of the State of Rhode-Island and Providence-Plantations, do by these Presents, assent to, and ratify the said Constitution. In full confidence... That the Congress will not make or alter any regulation in this State, respecting the times, places and manner of holding elections for senators and representatives, unless the legislature of this state shall neglect, or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same; and that [i]n those cases, such power will only be exercised, until the legislature of this State shall make provision in the Premises[.] ). (8) Congress finds that the Framers designed and the ratifying States understood the Elections Clause to serve solely as a protective backstop to ensure the preservation of the Federal Government, not as a font of limitless power for Congress to wrest control of Federal elections from the States. (9) This understanding was also reinforced by debate during the first Congress that convened under the Constitution where Representative Aedanus Burke proposed a constitutional amendment to limit the Times, Places and Manner Clause to emergencies. Although the amendment failed, those on both sides of the Burke amendment debate already understood the Elections Clause to limit Federal elections power to emergencies. (10) History clearly shows that even in the first Congress that convened under the Constitution, it was acknowledged and understood through the debates that ensued over the Elections Clause provision that Congress’ control over elections is limited. (11) Similarly, proponent Representative Smith of South Carolina also believed the original text of the Elections Clause already limited the Federal Government’s power over Federal elections to emergencies and so thought there would be no harm in supporting an amendment to make that language express. Annals of Congress 801 (1789) Joseph Gales Edition. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875 (loc.gov). So, even the records of the First Congress reflect a recognition of the emergency nature of congressional power over Federal elections. (12) Similarly, the Supreme Court has supported this understanding. In Smiley v. Holm, the Court held that article 1, section 4 of the Constitution reserved to the States the primary... authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns; in short, to enact the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the fundamental right involved. And these requirements would be nugatory if they did not have appropriate sanctions in the definition of offenses and punishments. All this is comprised in the subject of times, places and manner of holding elections , and involves lawmaking in its essential features and most important aspect.. Smiley v. Holm, 285 U.S. 355, 366 (1932). (13) This holding is consistent with the understanding of the Elections Clause since the framing of the Constitution. The Smiley Court also held that while Congress maintains the authority to... supplement these state regulations or [to] substitute its own[] , such authority remains merely a general supervisory power over the whole subject.. Id. (14) More recently, the Court noted in Arizona v. Inter-Tribal Council of Ariz., Inc. that [t]his grant of congressional power [that is, the fail-safe provision in the Elections Clause] was the Framers’ insurance against the possibility that a State would refuse to provide for the election of representatives to the Federal Congress.. Arizona v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1, 7–9 (2013). The Court explained that the Elections Clause... imposes [upon the States] the duty... to prescribe the time, place, and manner of electing Representatives and Senators[.]. Id. at 8. And, while, as the Court noted, [t]he power of Congress over the Times, Places, and Manner of congressional elections is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith[] , Id. at 9, the Inter-Tribal Court explained, quoting extensively from the Federalist no. 59, that it was clear that the congressional fail-safe included in the Elections Clause was intended for the sorts of governmental self-preservation discussed here: [E]very government ought to contain in itself the means of its own preservation[.] ; [A]n exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the Union entirely at their mercy. They could at any moment annihilate it by neglecting to provide for the choice of persons to administer its affairs.. Id. at 8. (15) It is clear in every respect that the congressional fail-safe described in the Elections Clause vests purely secondary authority over Federal elections in the Federal legislative branch and that the primary authority rests with the States. Congressional authority is intended to be, and as a matter of constitutional fact is, limited to addressing the worst imaginable issues, such as invasion or other matters that might lead to a State not electing representatives to constitute the two Houses of Congress. Congress’ authority has never extended to the day-to-day authority over the Times, Places and Manner of Election that the Constitution clearly reserves to the States. (16) Congress must act within the bounds of its constitutional authority when enacting legislation concerning the administration of our Nation’s elections. 111. Short title This subtitle may be cited as the Voluntarily Offered Tools for Election Reforms by States Act or the VOTERS Act. 112. Findings Congress finds the following: (1) The United States Constitution reserves to the states the primary duty and authority to establish election law and to administer of Federal elections. See article I, section 4, clause 1 of the Constitution of the United States. (2) Under America’s decentralized election system, there is not a one-size-fits-all approach to how elections are administered. (3) Each State should be afforded the flexibility to implement election administration processes and procedures that are most beneficial in meeting the needs of its voters and ensuring that its elections are free, fair, and secure. (4) The Federal government is in a position to provide States with voluntary tools to improve election integrity and voter confidence, as well as removing Federal impediments that hinder State efforts. (5) The Election Assistance Commission (EAC) was established to assist States in the administration of Federal elections. One of its core missions is to serve as a clearinghouse for election administration information and to provide a forum for States to discuss and exchange ideas on issues related to the administration of Federal elections, including practices, processes, and procedures. (6) The EAC’s Standards Board and Local Leadership Council are advisory boards with State and local election official membership from all fifty States and territories and are best suited to develop voluntary considerations for various election administration practices, processes, and procedures. 113. Election integrity voluntary considerations and Federal forum for State information sharing (a) In general Subtitle C of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20981 et seq. ) is amended— (1) by redesignating section 247 as section 248; and (2) by inserting after section 246 the following new section: 247. Release of voluntary considerations by Standards Board and Local Leadership Council with respect to election administration (a) In general The Standards Board and the Local Leadership Council of the Commission shall draw from experiences in their home jurisdictions and information voluntarily provided by and between States and their political subdivisions on the effectiveness or ineffectiveness of election administration policies and release voluntary considerations with respect to the administration of an election for Federal office. (b) Matters To consider In releasing the voluntary considerations under subsection (a), the Standards Board and the Local Leadership Council shall examine and consolidate information provided by States and release considerations with respect to each of the following categories: (1) The process for the administration of ballots delivered by mail, including— (A) deadlines for the return and receipt of such ballots to the appropriate election official; (B) the design of such ballots, including the envelopes used to deliver the ballots; (C) the process for requesting and tracking the return of such ballots; (D) the processing of such ballots upon receipt by the appropriate election official, including the schedule for counting the ballots and the reporting of the unofficial results of such counting; and (E) voter identity verification procedures, including signature matching or verification. (2) The signature verification procedures used to verify the identity of voters in an election, which shall include an evaluation of human and machine methods of signature verification, an assessment of the training provided to individuals tasked to carry out such verification procedures, and the proposal of other less subjective methods of confirming the identity of a voter such as requiring the identification number of a valid government-issued photo identification or the last four digits of the voter’s social security number to be provided along with the voter’s signature. (3) The processes used to carry out maintenance of the official list of persons registered to vote in each State. (4) Rules and requirements with respect to the access provided to election observers. (5) The processes used to ensure the timely and accurate reporting of the unofficial results of ballot counting in each polling place in a State and the reporting of the unofficial results of such counting. (6) The methods used to recruit poll workers and designate the location of polling places during a pandemic, natural disaster, or other emergency. (7) The education of the public with respect to the certification and testing of voting machines and related nonvoting election technology (as defined in section 298C of the Help America Vote Act of 2002) prior to the use of such machines and technology in an election for Federal office, including education with respect to— (A) how such machines and technology are tested for accuracy, logic, and security; and (B) the connectivity to the public internet of such machines and technology. (8) The processes and procedures used to carry out a post-election audit. (9) The processes and procedures used to ensure a secure chain of custody with respect to ballots and election equipment. (10) Public education, access, and citizen oversight and input with respect to the certification and testing of voter machines prior to Federal elections. (11) The conduct of independent post-election audits. (12) Transparency in the election and voting process. (13) Accountability measures to ensure compliance by election administrators with applicable law. (c) Release of voluntary considerations (1) Deadline for release Not later than 12 months after the date of the enactment of the ACE Act, the Standards Board shall release voluntary considerations with respect to each of the categories described in subsection (b). (2) Transmission and notification requirements Not later than 15 days after the date the Standards Board releases voluntary considerations with respect to a category described in subsection (b), the Commission shall— (A) transmit the considerations to the chief State election official of each State and the elected leadership of the legislature of each State, including the elected leadership of any committee of the legislature of a State with jurisdiction with respect to elections; (B) make the considerations available on a publicly accessible Government website; and (C) notify and transmit the considerations to the chair and ranking minority member of the Committee on House Administration of the House of Representatives, the chair and ranking minority member of the Committee on Rules and Administration of the Senate, and the chairs and ranking minority members of other relevant committees of Congress. (d) Use of requirements payments for implementation of voluntary considerations A State may use a requirements payment provided under this Act or any other Federal funds made available to the State by the Commission for the purposes of election administration to implement any of the voluntary considerations released under subsection (a). (e) Rule of construction Nothing in this section may be construed— (1) to require compliance with the voluntary considerations released under subsection (a), including as a condition of the receipt of Federal funds; or (2) to treat the lack of compliance with such considerations as a violation of the Voting Rights Act of 1965 or the Civil Rights Act of 1964 or to treat compliance with such considerations as a defense against an alleged violation of either such Act.. (b) Clerical amendment The table of contents of such Act is amended— (1) by redesignating the item relating to section 247 as relating to section 248; and (2) by inserting after the item relating to section 246 the following new item: Sec. 247. Release of voluntary considerations by Standards Board with respect to election administration.. 247. Release of voluntary considerations by Standards Board and Local Leadership Council with respect to election administration (a) In general The Standards Board and the Local Leadership Council of the Commission shall draw from experiences in their home jurisdictions and information voluntarily provided by and between States and their political subdivisions on the effectiveness or ineffectiveness of election administration policies and release voluntary considerations with respect to the administration of an election for Federal office. (b) Matters To consider In releasing the voluntary considerations under subsection (a), the Standards Board and the Local Leadership Council shall examine and consolidate information provided by States and release considerations with respect to each of the following categories: (1) The process for the administration of ballots delivered by mail, including— (A) deadlines for the return and receipt of such ballots to the appropriate election official; (B) the design of such ballots, including the envelopes used to deliver the ballots; (C) the process for requesting and tracking the return of such ballots; (D) the processing of such ballots upon receipt by the appropriate election official, including the schedule for counting the ballots and the reporting of the unofficial results of such counting; and (E) voter identity verification procedures, including signature matching or verification. (2) The signature verification procedures used to verify the identity of voters in an election, which shall include an evaluation of human and machine methods of signature verification, an assessment of the training provided to individuals tasked to carry out such verification procedures, and the proposal of other less subjective methods of confirming the identity of a voter such as requiring the identification number of a valid government-issued photo identification or the last four digits of the voter’s social security number to be provided along with the voter’s signature. (3) The processes used to carry out maintenance of the official list of persons registered to vote in each State. (4) Rules and requirements with respect to the access provided to election observers. (5) The processes used to ensure the timely and accurate reporting of the unofficial results of ballot counting in each polling place in a State and the reporting of the unofficial results of such counting. (6) The methods used to recruit poll workers and designate the location of polling places during a pandemic, natural disaster, or other emergency. (7) The education of the public with respect to the certification and testing of voting machines and related nonvoting election technology (as defined in section 298C of the Help America Vote Act of 2002) prior to the use of such machines and technology in an election for Federal office, including education with respect to— (A) how such machines and technology are tested for accuracy, logic, and security; and (B) the connectivity to the public internet of such machines and technology. (8) The processes and procedures used to carry out a post-election audit. (9) The processes and procedures used to ensure a secure chain of custody with respect to ballots and election equipment. (10) Public education, access, and citizen oversight and input with respect to the certification and testing of voter machines prior to Federal elections. (11) The conduct of independent post-election audits. (12) Transparency in the election and voting process. (13) Accountability measures to ensure compliance by election administrators with applicable law. (c) Release of voluntary considerations (1) Deadline for release Not later than 12 months after the date of the enactment of the ACE Act, the Standards Board shall release voluntary considerations with respect to each of the categories described in subsection (b). (2) Transmission and notification requirements Not later than 15 days after the date the Standards Board releases voluntary considerations with respect to a category described in subsection (b), the Commission shall— (A) transmit the considerations to the chief State election official of each State and the elected leadership of the legislature of each State, including the elected leadership of any committee of the legislature of a State with jurisdiction with respect to elections; (B) make the considerations available on a publicly accessible Government website; and (C) notify and transmit the considerations to the chair and ranking minority member of the Committee on House Administration of the House of Representatives, the chair and ranking minority member of the Committee on Rules and Administration of the Senate, and the chairs and ranking minority members of other relevant committees of Congress. (d) Use of requirements payments for implementation of voluntary considerations A State may use a requirements payment provided under this Act or any other Federal funds made available to the State by the Commission for the purposes of election administration to implement any of the voluntary considerations released under subsection (a). (e) Rule of construction Nothing in this section may be construed— (1) to require compliance with the voluntary considerations released under subsection (a), including as a condition of the receipt of Federal funds; or (2) to treat the lack of compliance with such considerations as a violation of the Voting Rights Act of 1965 or the Civil Rights Act of 1964 or to treat compliance with such considerations as a defense against an alleged violation of either such Act. 121. Ensuring only eligible American citizens may participate in Federal elections (a) Short title This section may be cited as the Non-Citizens: Outlawed from Voting in Our Trusted Elections Act of 2023 or the NO VOTE for Non-Citizens Act of 2023. (b) Findings; Sense of Congress (1) Findings Congress finds the following: (A) Every eligible American citizen who wishes to cast a ballot in a Federal election must be permitted to do so according to law, and their ballot must be examined according to law, and, if it meets all lawful requirements, counted. (B) Congress has long required States to maintain Federal voter registration lists in a manner that promotes voter confidence. (C) The changes included herein are not intended to be an expansion of Federal power but rather a clarification of State authority. (D) The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections. (E) Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. (F) Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld. (G) Since the Constitution prohibits non-citizens from voting in Federal elections, such ineligible persons must not be permitted to be placed on Federal voter registration lists. (H) Improper placement of an ineligible non-citizen on a Federal voter registration list leads to— (i) confusion on the part of the ineligible person with respect to their ineligibility to cast a ballot; and (ii) an increased likelihood that human error will permit ineligible persons to cast ballots in Federal elections. (I) State officials have confirmed that poorly maintained voter registration lists lead to ineligible persons casting ballots in Federal elections. (J) A former Broward County, Florida, elections supervisor has confirmed that ineligible non-voters were able to cast ballots in previous elections and that she was not able to locate as many as 2,040 ballots during the 2018 midterm recount. (K) This clarification of State authority to maintain Federal voter registration lists to ensure non-citizens are not included on such lists will promote voter confidence in election processes and outcomes. (L) Congress has the authority to ensure that no Federal elections funding is used to support States that permit non-citizens to cast ballots in any election. (M) Federal courts and executive agencies have much of the information States may need to maintain their Federal voter registration lists, and those entities should make that information accessible to State election authorities. (N) It is important to clarify the penalty for any violation of law that allows a non-citizen to cast a ballot in a Federal election. (O) To protect the confidence of voters in Federal elections, it is important to implement the policy described herein. (2) Sense of Congress It is the sense of Congress that— (A) many States have not adequately met the requirements concerning the removal of ineligible persons from State voter registration rolls pursuant to section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) and should strive to audit and update their voter registration rolls on a routine basis; (B) allowing non-citizens to cast ballots in American elections weakens our electoral system, directly and indirectly impacts Federal policy and funding decisions and candidate choice through the election of State and local officials, dilutes the value of citizenship, and sows distrust in our elections system; (C) even if a State has the sovereign authority, no State should permit non-citizens to cast ballots in State or local elections; (D) States should use all information available to them to maintain Federal voter registration lists and should inform Congress if such data is insufficient; and (E) Congress may take further action in the future to address this problem. (c) Clarifying authority of States To remove noncitizens from voting rolls (1) Authority under regular removal programs Section 8(a)(4) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(4) ) is amended— (A) by striking or at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) the registrant’s status as a noncitizen of the United States; or. (2) Conforming amendment relating to ongoing removal Section 8(c)(2)(B)(i) of such Act ( 52 U.S.C. 20507(c)(2)(B)(i) ) is amended by striking (4)(A) and inserting (4)(A) or (B). (d) Requirement To maintain separate State voter registration list for noncitizens Section 8(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a) ) is amended— (1) in paragraph (5)(B), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) in the case of a State that allows individuals who are not citizens of the United States to vote in elections for public office in the State or any local jurisdiction of the State, ensure that the name of any registrant who is not a citizen of the United States is maintained on a voter registration list that is separate from the official list of eligible voters with respect to registrants who are citizens of the United States.. (e) Requirements for ballots for State or local jurisdictions that allow noncitizen voting Section 301(a)(1) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(1) ) is amended by adding at the end the following new subparagraph: (D) In the case of a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction, the ballot used for the casting of votes by a noncitizen in such State or local jurisdiction may only include the candidates for the elections for public office in the State or local jurisdiction for which the noncitizen is permitted to vote.. (f) Reduction in payments for election administration to States or local jurisdictions that allow noncitizen voting (1) In general Title IX of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 et seq. ) is amended by adding at the end the following new section: 907. Reduction in payments to States or local jurisdictions that allow noncitizen voting (a) In general Notwithstanding any other provision of this Act, the amount of a payment under this Act to any State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction shall be reduced by 30 percent. (b) Prohibition on use of funds for certain election administration activities Notwithstanding any other provision of law, no Federal funds may be used to implement the requirements of section 8(a)(7) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(7) ) (as added by section 121(d) of the American Confidence in Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(1)(D) ) (as added by section 121(e) of the American Confidence in Elections Act) in a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction.. (2) Clerical amendment The table of contents of such Act is amended by adding at the end the following new item: Sec. 907. Reduction in payments to States or local jurisdictions that allow noncitizen voting.. (g) Promoting provision of information by Federal entities (1) In general (A) Requirement Each entity of the Federal government which maintains information which is relevant to the status of an individual as a registered voter in elections for Federal office in a State shall, upon the request of an election official of the State, provide that information to the election official. (B) Prohibiting fees The head of an entity described in subparagraph (A) may not charge a fee for responding to an election official’s request under such subparagraph. (2) Policies and procedures Consistent with section 3506(g) of title 44, United States Code, an entity of the Federal government shall carry out this subsection in accordance with policies and procedures which will ensure that the information is provided securely, accurately, and in a timely basis. (3) Conforming amendment relating to coverage under Privacy Act Section 552a(b) of title 5, United States Code, is amended— (A) by striking or at the end of paragraph (11); (B) by striking the period at the end of paragraph (12) and inserting ; or ; and (C) by adding at the end the following new paragraph: (13) to an election official of a State in accordance with section 121(h) of the American Confidence in Elections Act.. (h) Ensuring provision of information to State election officials on individuals recused from jury service on grounds of noncitizenship (1) Requirement described If a United States district court recuses an individual from serving on a jury on the grounds that the individual is not a citizen of the United States, the court shall transmit a notice of the individual’s recusal— (A) to the chief State election official of the State in which the individual resides; and (B) to the Attorney General. (2) Definitions For purposes of this subsection— (A) the chief State election official of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act; and (B) the term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ), as amended by section 138. (i) Prohibition on voting by noncitizens in Federal elections (1) In general Section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) is amended— (A) by striking A person and inserting (a) In general.— A person ; and (B) by adding at the end the following new subsection: (b) Prohibition on voting by aliens (1) In general It shall be unlawful for any alien to vote in any election in violation of section 611 of title 18, United States Code. (2) Penalties Any person who violates this subsection shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.. (2) Effective date This subsection and the amendments made by this subsection shall apply with respect to elections held after the date of the enactment of this Act. 907. Reduction in payments to States or local jurisdictions that allow noncitizen voting (a) In general Notwithstanding any other provision of this Act, the amount of a payment under this Act to any State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction shall be reduced by 30 percent. (b) Prohibition on use of funds for certain election administration activities Notwithstanding any other provision of law, no Federal funds may be used to implement the requirements of section 8(a)(7) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(7) ) (as added by section 121(d) of the American Confidence in Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(1)(D) ) (as added by section 121(e) of the American Confidence in Elections Act) in a State or local jurisdiction that allows individuals who are not citizens of the United States to vote in elections for public office in the State or local jurisdiction. 122. State reporting requirements with respect to voter list maintenance Section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) is amended— (1) in subsection (i), by adding at the end the following: (3) The records maintained pursuant to paragraph (1) shall include lists of the names and addresses of all registrants in a State who were inactive according to the criteria described in subsection (d)(1)(B) and the length of time each such registrant has been inactive according to such criteria. (4) Nothing in this subsection may be construed to waive the requirement that a State make the records maintained pursuant to paragraph (1) publically available, without regard to whether or not the records are maintained in whole or in part, or were provided to the State or a political subdivision of the State, by a nongovernmental organization or other private entity. ; (2) by redesignating subsection (j) as subsection (k); and (3) by inserting after subsection (i) the following new subsection: (j) Reporting requirements Not later than June 30 of each odd-numbered year, each State shall submit to the Election Assistance Commission a report that includes, with respect to such State during the preceding 2-year period, the total number of— (1) registrants who were inactive according to the criteria described in subsection (d)(1)(B) and the length of time each such registrant has been inactive according to such criteria; (2) registrants who voted in at least one of the prior 2 consecutive general elections for Federal office; (3) registrants removed from the list of official voters in the State pursuant to subsection (d)(1)(B); (4) notices sent to registrants pursuant to subsection (d)(2); and (5) registrants who received a notice described in paragraph (4) who responded to such notice.. 123. Contents of State mail voter registration form (a) Short title This section may be cited as the State Instruction Inclusion Act. (b) In general Section 6(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505(a) ) is amended— (1) in paragraph (1), by inserting , except that a State may, in addition to the criteria stated in section 9(b), require that an applicant provide proof that the applicant is a citizen of the United States after elections for Federal office ; and (2) in paragraph (2), by inserting and such form may include a requirement that the applicant provide proof that the applicant is a citizen of the United States after elections for Federal office. 124. Provision of photographic citizen voter identification tools for State use (a) Short title This section may be cited as the Citizen Vote Protection Act. (b) Findings; Sense of Congress (1) Findings Congress finds the following: (A) Photo voter identification programs established by the States should be administered without unlawful discrimination and with an eye toward balancing appropriate access to the ballot box with election integrity and voter confidence goals. (B) As confirmed by the bipartisan Commission on Federal Election Reform (commonly known as the Carter-Baker Commission), [v]oters in nearly 100 democracies use a photo identification card without fear of infringement of their rights. (C) As confirmed by the Carter-Baker Commission, “[t]he right to vote is a vital component of U.S. citizenship and all States should use their best efforts to obtain proof of citizenship before registering voters.”. (D) The Carter-Baker Commission was correct in its 2005 report when it recommended that the REAL ID Act be modestly adapted for voting purposes to indicate on the front or back whether the individual is a U.S. citizen.. (E) Congress acknowledges the important work completed by the Carter-Baker Commission and, by amending the REAL ID Act, resolves the concerns in the Commission’s report that [t]he REAL ID Act does not require that the card indicates citizenship, but that would need to be done if the card is to be used for voting purposes. (F) Photographic voter identification is important for ensuring voter confidence in election processes and outcomes. (G) Requiring photographic voter identification is well within States’ constitutional competence, including pursuant to the Qualifications Clause of the Constitution of the United States (article I, section 2, clause 2), the Presidential Electors Clause of the Constitution (article II, section 1, clause 2), and the Seventeenth Amendment. (H) The Fifteenth Amendment, the Nineteenth Amendment, the Twenty-Fourth Amendment, and the Twenty-Sixth Amendment, among other references, make clear that the Constitution prohibits voting by non-citizens in Federal elections. (I) Congress has the constitutional authority, including under the aforementioned amendments, to pass statutes preventing non-citizens from voting in Federal elections, and did so with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. (J) Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld. (2) Sense of Congress It is the sense of Congress that— (A) the States should implement the substance of the recommendation of the Carter-Baker Commission that, [t]o ensure that persons presenting themselves at the polling place are the ones on the registration list, the Commission recommends that states [encourage] voters to use the REAL ID card, which was mandated in a law signed by the President in May 2005 ; and (B) a standard State photo identification document, when required for voting purposes, should be available at no cost. (c) REAL ID Act Amendment (1) Amendment Section 202(b) of the Real ID Act of 2005 ( 49 U.S.C. 30301 note) is amended by adding at the end the following new paragraph: (10) If the person is a citizen of the United States, an indication of that citizenship, except that no other information may be included with respect to the immigration status of the person.. (2) Applicability The amendment made by this subsection shall be effective January 1, 2026, and shall apply with respect to any driver’s license or identification card issued by a State on and after such date. (d) Rule of construction Nothing in this section or in any amendment made by this section may be construed to establish or mandate the use of a national identification card or to authorize any office of the executive branch to establish or mandate the use of a national identification card. 125. Mandatory provision of identification for certain voters not voting in person (a) Requiring voters To provide identification Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: 304. Mandatory provision of identification for certain voters who vote by mail (a) Finding of Constitutional authority Congress finds that it has the authority to establish the terms and conditions that States must follow with respect to the administration of voting by mail because article I, section 8, clause 7 of the Constitution of the United States and other enumerated powers grant Congress the power to regulate the operations of the United States Postal Service. (b) Requiring provision of identification To receive a ballot or vote in certain cases (1) Individuals requesting a ballot to vote by mail Notwithstanding any other provision of law, the appropriate State or local election official may not provide an individual a ballot to vote by mail for an election for Federal office in a case in which the individual requested such ballot other than in person from the appropriate State or local election official of the State at a State designated elections office unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (2) Individuals voting by mail in certain cases (A) In general Notwithstanding any other provision of law, in a case in which the appropriate State or local election official provides an individual a ballot to vote by mail for an election for Federal office without requiring such individual to submit a separate application or request to receive such ballot for each such election, the election official may not accept the voted ballot unless the individual submits with the voted ballot a copy of an identification described in paragraph (3). (B) Fail-safe voting An individual who desires to vote other than in person but who does not meet the requirements of subparagraph (A) may cast such a ballot other than in person and the ballot shall be counted as a provisional ballot in accordance with section 302(a). (3) Identification described An identification described in this paragraph is, with respect to an individual— (A) a current and valid photo identification of the individual; (B) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the individual; (C) a valid driver’s license or an identification card issued by a State or the identification number for such driver’s license or identification card issued by a State; (D) the last 4 digits of the individual's social security number; or (E) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subparagraphs (A) through (D) such that the election official is reasonably certain as to the identity of the individual. (c) Exceptions This section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (3) entitled to vote otherwise than in person under any other Federal law. (d) Rule of construction Nothing in this section may be construed as prohibiting a State from imposing identification requirements to request a ballot to vote by mail or cast a vote by mail that are more stringent than the requirements under this section. (e) Effective date This section shall take effect on January 1, 2025.. (b) Conforming amendments relating to existing identification requirements (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(1)(A) ) is amended by striking by mail and inserting by mail or otherwise not in person at an elections office or voter registration agency of the State. (2) Exceptions Section 303(b)(3) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(3) ) is amended— (A) in subparagraph (A), by striking by mail under section 6 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg-4 ) and inserting by mail under section 6 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505 ) or otherwise not in person at a voter registration agency of the State ; and (B) in subparagraph (B)(i), by striking by mail under section 6 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg-4 ) and inserting by mail under section 6 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505 ) or otherwise not in person at a voter registration agency of the State. (3) Expansion of types of identification permitted Section 303(b)(2)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(2)(A) ) is amended— (A) in clause (i)— (i) in subclause (I), by striking or at the end; and (ii) by adding at the end the following new subclause: (III) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subclauses (I) and (II) such that the election official is reasonably certain as to the identity of the individual; or ; and (B) in clause (ii)— (i) in subclause (I), by striking or at the end; (ii) in subclause (II), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following new subclause: (III) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subclauses (I) and (II) such that the election official is reasonably certain as to the identity of the individual.. (c) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and 304. (d) Clerical amendment The table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following: Sec. 304. Mandatory provision of identification for certain voters who vote by mail.. 304. Mandatory provision of identification for certain voters who vote by mail (a) Finding of Constitutional authority Congress finds that it has the authority to establish the terms and conditions that States must follow with respect to the administration of voting by mail because article I, section 8, clause 7 of the Constitution of the United States and other enumerated powers grant Congress the power to regulate the operations of the United States Postal Service. (b) Requiring provision of identification To receive a ballot or vote in certain cases (1) Individuals requesting a ballot to vote by mail Notwithstanding any other provision of law, the appropriate State or local election official may not provide an individual a ballot to vote by mail for an election for Federal office in a case in which the individual requested such ballot other than in person from the appropriate State or local election official of the State at a State designated elections office unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (2) Individuals voting by mail in certain cases (A) In general Notwithstanding any other provision of law, in a case in which the appropriate State or local election official provides an individual a ballot to vote by mail for an election for Federal office without requiring such individual to submit a separate application or request to receive such ballot for each such election, the election official may not accept the voted ballot unless the individual submits with the voted ballot a copy of an identification described in paragraph (3). (B) Fail-safe voting An individual who desires to vote other than in person but who does not meet the requirements of subparagraph (A) may cast such a ballot other than in person and the ballot shall be counted as a provisional ballot in accordance with section 302(a). (3) Identification described An identification described in this paragraph is, with respect to an individual— (A) a current and valid photo identification of the individual; (B) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the individual; (C) a valid driver’s license or an identification card issued by a State or the identification number for such driver’s license or identification card issued by a State; (D) the last 4 digits of the individual's social security number; or (E) such other documentation issued by a Federal, State, or local government that provides the same or more identifying information as required by subparagraphs (A) through (D) such that the election official is reasonably certain as to the identity of the individual. (c) Exceptions This section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (3) entitled to vote otherwise than in person under any other Federal law. (d) Rule of construction Nothing in this section may be construed as prohibiting a State from imposing identification requirements to request a ballot to vote by mail or cast a vote by mail that are more stringent than the requirements under this section. (e) Effective date This section shall take effect on January 1, 2025. 126. Confirming access for Congressional election observers (a) Short title This section may be cited as the Confirmation of Congressional Observer Access Act of 2023 or the COCOA Act of 2023. (b) Findings relating to Congressional election observers Congress finds the following: (1) The Constitution delegates to each of House of the Congress the authority to “be the Judge of the Elections, Returns and Qualifications of its own Members”. (2) While, in general, Congress shall respect the determination of State authorities with respect to the election of members to each House, each House of Congress serves as the final arbiter over any contest to the seating of any putative Member-elect or Senator-elect. (3) These election contest procedures are contained in the precedents of each House of Congress. Further, for the House of Representatives the procedures exist under the Federal Contested Elections Act. (4) In the post-Civil War modern era, more than 100 election contests have been filed with the House of Representatives. (5) For decades, Congress has appointed and sent out official congressional observers to watch the administration of congressional elections in the States and territories. (6) These observers serve to permit Congress to develop its own factual record in preparation for eventual contests and for other reasons. (7) This section and the amendments made by this section do not establish any new authorities or procedures but are provided simply to permit a convenient statutory reference for existing Congressional authority and activity. (c) Confirming requirement that States provide access Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 125(a), is amended— (1) by redesignating sections 305 and 306 as sections 306 and 307; and (2) by inserting after section 304 the following new section: 305. Confirming access for Congressional election observers (a) Finding of Constitutional authority Congress finds that it has the authority to require that States allow access to designated Congressional election observers to observe the election administration procedures in an election for Federal office because the authority granted to Congress under article I, section 5 of the Constitution of the United States gives each House of Congress the power to be the judge of the elections, returns and qualifications of its own Members. (b) Requiring States To provide access A State shall provide each individual who is a designated Congressional election observer for an election with full access to clearly observe all of the elements of the administration procedures with respect to such election, including but not limited to in all areas of polling places and other facilities where ballots in the election are processed, tabulated, cast, canvassed, and certified, in all areas where voter registration activities occur before such election, and in any other such place where election administration procedures to prepare for the election or carry out any post-election recounts take place. No designated Congressional election observer may handle ballots, elections equipment (voting or non-voting), advocate for a position or candidate, take any action to reduce ballot secrecy or otherwise violate the privacy of a voter, or otherwise interfere with the elections administration process. (c) Designated Congressional election observer described In this section, a designated Congressional election observer is an individual who is designated in writing by the chair or ranking minority member of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, or the successor committee in either House of Congress to gather information with respect to an election, including in the event that the election is contested in the House of Representatives or the Senate and for other purposes permitted by article 1, section 5 of the Constitution of the United States.. (d) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 ), as amended by section 125(c), is amended by striking and 304 and inserting 304, and 305. (e) Clerical amendment The table of contents of such Act, as amended by section 125(d), is amended— (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; and (2) by inserting after the item relating to section 304 the following: Sec. 305. Confirming access for Congressional election observers.. 305. Confirming access for Congressional election observers (a) Finding of Constitutional authority Congress finds that it has the authority to require that States allow access to designated Congressional election observers to observe the election administration procedures in an election for Federal office because the authority granted to Congress under article I, section 5 of the Constitution of the United States gives each House of Congress the power to be the judge of the elections, returns and qualifications of its own Members. (b) Requiring States To provide access A State shall provide each individual who is a designated Congressional election observer for an election with full access to clearly observe all of the elements of the administration procedures with respect to such election, including but not limited to in all areas of polling places and other facilities where ballots in the election are processed, tabulated, cast, canvassed, and certified, in all areas where voter registration activities occur before such election, and in any other such place where election administration procedures to prepare for the election or carry out any post-election recounts take place. No designated Congressional election observer may handle ballots, elections equipment (voting or non-voting), advocate for a position or candidate, take any action to reduce ballot secrecy or otherwise violate the privacy of a voter, or otherwise interfere with the elections administration process. (c) Designated Congressional election observer described In this section, a designated Congressional election observer is an individual who is designated in writing by the chair or ranking minority member of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, or the successor committee in either House of Congress to gather information with respect to an election, including in the event that the election is contested in the House of Representatives or the Senate and for other purposes permitted by article 1, section 5 of the Constitution of the United States. 127. Use of requirements payments for post-election audits (a) Permitting use of payments for audits Section 251(b)(1) of the Help America Vote Act of 2002 ( 52 U.S.C. 21001(b)(1) ) is amended by inserting , including to conduct and publish an audit of the effectiveness and accuracy of the voting systems, nonvoting election technology (as defined in section 298C), election procedures, and outcomes used to carry out an election for Federal office in the State and the performance of the State and local election officials who carried out the election, but only if the audit meets the requirements of paragraph (4) after requirements of title III. (b) Requirements for audits Section 251(b) of such Act ( 52 U.S.C. 21001(b) ) is amended by adding at the end the following new paragraph: (4) Requirements for audits conducted with requirements payments An audit described in paragraph (1) meets the requirements of this paragraph if— (A) no individual who participates in conducting the audit is an employee or contractor of an office of the State or local government which is responsible for the administration of elections for Federal office or of a subsidiary or affiliate of such an office; or (B) the audit includes an examination of compliance with established processes for voter registration, voter check-in, voting, tabulation, canvassing, post-election proceedings (such as recounts and recanvasses), and reporting of results.. (c) Sense of Congress regarding timing of audits It is the sense of Congress that post-election audits of the effectiveness and accuracy of the voting systems, election procedures, and outcomes used to carry out an election for Federal office in a State and the performance of the State and local election officials who carried out the election are most effective when the audits are completed before the expiration of the period during which persons are authorized under State law to challenge the results of the election. 128. Increase in threshold for requiring information reporting with respect to certain payees (a) In general Sections 6041(a) of the Internal Revenue Code of 1986 is amended by striking $600 and inserting $5,000. (b) Inflation adjustment Section 6041 of such Code is amended by adding at the end the following new subsection: (h) Inflation adjustment In the case of any calendar year after 2024, the dollar amount in subsection (a) shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2023 for calendar year 2016 in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.. (c) Application to reporting on remuneration for services and direct sales Section 6041A of such Code is amended— (1) in subsection (a)(2), by striking is $600 or more and inserting equals or exceeds the dollar amount in effect for such calendar year under section 6041(a) , and (2) in subsection (b)(1)(B), by striking is $5,000 or more and inserting equals or exceeds the dollar amount in effect for such calendar year under section 6041(a). (d) Application to backup withholding Section 3406(b)(6) of such Code is amended— (1) by striking $600 in subparagraph (A) and inserting the dollar amount in effect for such calendar year under section 6041(a) , and (2) by striking only where aggregate for calendar year is $600 or more in the heading and inserting only if in excess of threshold. (e) Conforming amendments (1) The heading of section 6041(a) of such Code is amended by striking of $600 or more and inserting exceeding threshold. (2) Section 6041(a) of such Code is amended by striking taxable year and inserting calendar year. (f) Effective date The amendments made by this section shall apply with respect to payments made after December 31, 2023. 129. Voluntary guidelines with respect to nonvoting election technology (a) Short title This section may be cited as the Protect American Voters Act. (b) Adoption of voluntary guidelines by Election Assistance Commission (1) Adoption of guidelines Title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20921 et seq. ) is amended by adding at the end the following new subtitle: E Voluntary Guidelines for Use of Nonvoting Election Technology 298. Adoption of voluntary guidelines by Commission (a) Adoption The Commission shall adopt voluntary guidelines for election officials on the use of nonvoting election technology, taking into account the recommendations of the Standards Board and the Local Leadership Council of the Commission under section 298A. (b) Review The Commission shall review the guidelines adopted under this subtitle not less frequently than once every 4 years, and may adopt revisions to the guidelines as it considers appropriate. (c) Process for adoption The adoption of the voluntary guidelines under this subtitle shall be carried out by the Commission in a manner that provides for each of the following: (1) Publication of notice of the proposed guidelines in the Federal Register. (2) An opportunity for public comment on the proposed guidelines. (3) An opportunity for a public hearing on the record. (4) Publication of the final recommendations in the Federal Register. (d) Deadline for initial set of guidelines The Commission shall adopt the initial set of voluntary guidelines under this section not later than December 31, 2025. 298A. Role of Standards Board and Local Leadership Council (a) Duties The Standards Board and the Local Leadership Council of the Commission shall assist the Commission in the adoption of voluntary guidelines under section 298, including by providing the Commission with recommendations on appropriate standards for the use of nonvoting election technology, including standards to ensure the security and accuracy, and promote the usability, of such technology, and by conducting a review of existing State programs with respect to the testing of nonvoting election technology. (b) Sources of assistance (1) Certain members of Technical Guidelines Development Committee The following members of the Technical Guidelines Development Committee under section 221 shall assist the Standards Board and the Local Leadership Council in carrying out their duties under this section: (A) The Director of the National Institute of Standards and Technology. (B) The representative of the American National Standards Institute. (C) The representative of the Institute of Electrical and Electronics Engineers. (D) The 4 members of the Technical Guidelines Development Committee appointed under subsection (c)(1)(E) of such section as the other individuals with technical and scientific expertise relating to voting systems and voting equipment. (2) Detailee from CISA The Executive Board of the Standards Board may request the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to provide a detailee to assist the Standards Board in carrying out its duties under this section, so long as such detailee has no involvement in the drafting of any of the voluntary guidelines. 298B. Use of payments to obtain or upgrade technology A State may use funds provided under any law for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, to obtain nonvoting election technology which is in compliance with the voluntary guidelines adopted under section 298 or to upgrade nonvoting election technology so that the technology is in compliance with such guidelines, and may, notwithstanding any other provision of law, use any unobligated grant funding provided to the State by the Election Assistance Commission from amounts appropriated under the heading Independent Agencies—Election Assistance Commission—Election Security Grants in title V of division C of the Consolidated Appropriations Act, 2020 ( Public Law 116–93 ) for the purposes of enhancing election technology and making election security improvements until December 31, 2024. 298C. Nonvoting election technology defined In this subtitle, the term nonvoting election technology means technology used in the administration of elections for Federal office which is not used directly in the casting, counting, tabulating, or collecting of ballots or votes, including each of the following: (1) Electronic pollbooks or other systems used to check in voters at a polling place or verify a voter’s identification. (2) Election result reporting systems. (3) Electronic ballot delivery systems. (4) Online voter registration systems. (5) Polling place location search systems. (6) Sample ballot portals. (7) Signature systems. (8) Such other technology as may be recommended for treatment as nonvoting election technology as the Standards Board may recommend.. (2) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to title II the following: Subtitle E—Voluntary Guidelines for Use of Nonvoting Election Technology Sec. 298. Adoption of voluntary guidelines by Commission. Sec. 298A. Role of Standards Board and Local Leadership Council. Sec. 298B. Use of payments to obtain or upgrade technology. Sec. 298C. Nonvoting election technology defined.. (c) Treatment of technology used in most recent election Any nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002 (as added by subsection (a)(1)), which a State used in the most recent election for Federal office held in the State prior to the date of the enactment of this Act shall be deemed to be in compliance with the voluntary guidelines on the use of such technology which are adopted by the Election Assistance Commission under section 298 of such Act (as added by subsection (a)(1)). 298. Adoption of voluntary guidelines by Commission (a) Adoption The Commission shall adopt voluntary guidelines for election officials on the use of nonvoting election technology, taking into account the recommendations of the Standards Board and the Local Leadership Council of the Commission under section 298A. (b) Review The Commission shall review the guidelines adopted under this subtitle not less frequently than once every 4 years, and may adopt revisions to the guidelines as it considers appropriate. (c) Process for adoption The adoption of the voluntary guidelines under this subtitle shall be carried out by the Commission in a manner that provides for each of the following: (1) Publication of notice of the proposed guidelines in the Federal Register. (2) An opportunity for public comment on the proposed guidelines. (3) An opportunity for a public hearing on the record. (4) Publication of the final recommendations in the Federal Register. (d) Deadline for initial set of guidelines The Commission shall adopt the initial set of voluntary guidelines under this section not later than December 31, 2025. 298A. Role of Standards Board and Local Leadership Council (a) Duties The Standards Board and the Local Leadership Council of the Commission shall assist the Commission in the adoption of voluntary guidelines under section 298, including by providing the Commission with recommendations on appropriate standards for the use of nonvoting election technology, including standards to ensure the security and accuracy, and promote the usability, of such technology, and by conducting a review of existing State programs with respect to the testing of nonvoting election technology. (b) Sources of assistance (1) Certain members of Technical Guidelines Development Committee The following members of the Technical Guidelines Development Committee under section 221 shall assist the Standards Board and the Local Leadership Council in carrying out their duties under this section: (A) The Director of the National Institute of Standards and Technology. (B) The representative of the American National Standards Institute. (C) The representative of the Institute of Electrical and Electronics Engineers. (D) The 4 members of the Technical Guidelines Development Committee appointed under subsection (c)(1)(E) of such section as the other individuals with technical and scientific expertise relating to voting systems and voting equipment. (2) Detailee from CISA The Executive Board of the Standards Board may request the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to provide a detailee to assist the Standards Board in carrying out its duties under this section, so long as such detailee has no involvement in the drafting of any of the voluntary guidelines. 298B. Use of payments to obtain or upgrade technology A State may use funds provided under any law for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, to obtain nonvoting election technology which is in compliance with the voluntary guidelines adopted under section 298 or to upgrade nonvoting election technology so that the technology is in compliance with such guidelines, and may, notwithstanding any other provision of law, use any unobligated grant funding provided to the State by the Election Assistance Commission from amounts appropriated under the heading Independent Agencies—Election Assistance Commission—Election Security Grants in title V of division C of the Consolidated Appropriations Act, 2020 ( Public Law 116–93 ) for the purposes of enhancing election technology and making election security improvements until December 31, 2024. 298C. Nonvoting election technology defined In this subtitle, the term nonvoting election technology means technology used in the administration of elections for Federal office which is not used directly in the casting, counting, tabulating, or collecting of ballots or votes, including each of the following: (1) Electronic pollbooks or other systems used to check in voters at a polling place or verify a voter’s identification. (2) Election result reporting systems. (3) Electronic ballot delivery systems. (4) Online voter registration systems. (5) Polling place location search systems. (6) Sample ballot portals. (7) Signature systems. (8) Such other technology as may be recommended for treatment as nonvoting election technology as the Standards Board may recommend. 130. Status reports by National Institute of Standards and Technology Section 231 of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 ) is amended by adding at the end the following new subsection: (e) Status reports by National Institute of Standards and Technology Not later than 60 days after the end of each fiscal year (beginning with 2025), the Director of the National Institute of Standards and Technology shall submit to Congress a status report describing— (1) the extent to which the Director carried out the Director’s responsibilities under this Act during the fiscal year, including the responsibilities imposed under this section and the responsibilities imposed with respect to the Technical Guidelines Development Committee under section 222, together with the Director’s best estimate of when the Director will completely carry out any responsibility which was not carried out completely during the fiscal year; and (2) the extent to which the Director carried out any projects requested by the Commission during the fiscal year, together with the Director’s best estimate of when the Director will complete any such project which the Director did not complete during the fiscal year.. 131. 501( c )(3) organizations prohibited from providing direct or indirect funding for election administration (a) Short title This section may be cited as the End Zuckerbucks Act of 2023. (b) In general Section 501(c)(3) of the Internal Revenue Code of 1986 is amended— (1) by striking and which does not participate and inserting which does not participate , and (2) by striking the period at the end and inserting and which does not provide direct funding to any State or unit of local government for the purpose of the administration of elections for public office or any funding to any State or unit of local government in a case in which it is reasonable to expect such funding will be used for the purpose of the administration of elections for public office (except with respect to the donation of space to a State or unit of local government to be used as a polling place in an election for public office).. (c) Effective date The amendments made by this section shall apply to funding provided in taxable years beginning after December 31, 2025. 132. Federal agency involvement in voter registration activities (a) Short title This section may be cited as the Promoting Free and Fair Elections Act of 2023. (b) Clarification of Federal agency involvement in voter registration activities Executive Order 14019 (86 Fed. Reg. 13623; relating to promoting access to voting) shall have no force or effect, and any contract or arrangement entered into by an agency to carry out activities pursuant to sections 3 and 4 of such Executive Order shall be abrogated. (c) Agreements with nongovernmental organizations None of the funds made available for the salaries and expenses of an agency may be used to solicit or enter into an agreement with a nongovernmental organization to conduct voter registration or voter mobilization activities, including registering voters or providing any person with voter registration materials, absentee or vote-by-mail ballot applications, voting instructions, or candidate-related information, on the property or website of the agency. (d) Report on prior voter registration and mobilization activities Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to the appropriate congressional committees a report describing the activities carried out by the agency pursuant to sections 3 and 4 of Executive Order 14019 (86 Fed. Reg. 13623). (e) Prohibiting voter registration and mobilization in Federal work-Study programs Section 443(b)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53(b)(1) ) is amended— (1) in subparagraph (C), by striking and ; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: (D) does not involve registering or mobilizing voters on or off the campus of the institution; and. (f) Definitions In this section: (1) Agency The term agency has the meaning given the term in section 3502(1) of title 44, United States Code. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Rules and Administration of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on House Administration of the House of Representatives; and (D) the Committee on the Judiciary of the House of Representatives. 133. Prohibition on use of Federal funds for election administration in States that permit ballot harvesting (a) Short title This section may be cited as the No Federal Funds for Ballot Harvesting Act. (b) Findings Congress finds that— (1) the right to vote is a fundamental right of citizens of the United States, as described by the Constitution of the United States; (2) the Committee on House Administration of the House of Representatives, which is charged with investigating election irregularities, received reports through its official Election Observer Program for the 2018 general election and the 2020 general election, as well as from other stakeholders, that individuals other than voters themselves were depositing large amounts of absentee ballots at polling places throughout California and other States, a practice colloquially known as “ballot harvesting”; (3) the practice of ballot harvesting creates significant vulnerabilities in the chain-of-custody of ballots because individuals collecting ballots are not required to be registered voters and are not required to identify themselves at a voter’s home, and the State does not track how many ballots are harvested in an election; (4) in North Carolina, a congressional election was invalidated due to fraud associated with ballot harvesting committed by a political operative, and it is unlikely such activity would have been detected were it not for the prohibition against ballot harvesting in the State; (5) ballot harvesting invites electioneering activity at home and weakens States’ long-standing voter protection procedures, which remain in place at polling locations, creating the possibility of undue influence over voters by political operatives and other bad actors; and (6) the Supreme Court of the United States has affirmed State authority to restrict ballot harvesting (Brnovich v. Democratic National Committee, 141 S. Ct. 2321 (2021)). (c) Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties (1) In general The Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ) is amended by adding at the end the following new section: 908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties (a) In general Notwithstanding any other provision of law, no Federal funds may be used to administer any election for Federal office in a State unless the State has in effect a law that prohibits an individual from the knowing collection and transmission of a ballot in an election for Federal office that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (b) Definitions For purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home. (2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship. (3) The term household member means an individual who resides at the same residence as such person.. (2) Clerical amendment The table of contents of such Act is amended by adding at the end the following new item: Sec. 908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties.. 908. Prohibition on Federal funds for election administration for States allowing collection and transmission of ballots by certain third parties (a) In general Notwithstanding any other provision of law, no Federal funds may be used to administer any election for Federal office in a State unless the State has in effect a law that prohibits an individual from the knowing collection and transmission of a ballot in an election for Federal office that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (b) Definitions For purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home. (2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship. (3) The term household member means an individual who resides at the same residence as such person. 134. Clarification with respect to Federal election record-keeping requirement Section 301 of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 ) is amended— (1) by inserting including records and papers of envelopes used to deliver voted ballots by mail and scanned, electronically preserved records of envelopes used to deliver blank ballots or absentee ballot requests or used for any purpose other than delivering voted ballots, ballots, ballot images, chain of custody records, cast vote records, logic and accuracy test results and equipment certification, and other materials related to the Federal election that would be essential for conducting a post-election audit after requisite to voting in such election, ; and (2) by inserting after shall devolve upon such custodian. the following: Such records and papers shall be considered public records available for reasonable public inspection, including at a minimum, as defined the law of the State in which the election is held, the candidates appearing on the ballot in the election, political parties whose candidates appeared on the ballot in the election, and any individuals authorized to observe the election. 135. Clarification of rules with respect to hiring of election workers (a) Preferences for veterans and individuals with disabilities (1) Preferences In hiring election workers to administer an election in a State or local jurisdiction, the State or local jurisdiction may give preference to individuals who are veterans or individuals with a disability. (2) Individual with a disability defined In this subsection, an individual with a disability means an individual with an impairment that substantially limits any major life activities. (b) Preference and waiver of residency requirement for spouses and dependents of absent military voters (1) Sense of Congress It is the sense of Congress that, in hiring election workers to administer an election in a State or local jurisdiction, the State or local jurisdiction— (A) should give preference to an individual who is a nonresident military spouse or dependent; and (B) should not refuse to hire such an individual as an election worker solely on the grounds that the individual does not maintain a place of residence in the State or local jurisdiction. (2) Inclusion of information Election Assistance Commission clearinghouse The Federal Election Commission shall include in any clearinghouse it maintains of procedures adopted by States with respect to the administration of Federal elections information on the procedures under which States hire nonresident military spouses or dependents as election workers, as described in paragraph (1). (3) Nonresident military spouse or dependent defined In this subsection, a nonresident military spouse or dependent means an individual who is an absent uniformed services voter under section 107(1)(C) of the Uniformed and Overseas Citizen Absentee Voting Act ( 52 U.S.C. 20310(1)(C) ). 136. State assistance in assigning mailing addresses with respect to Tribal Governments (a) In general Upon request from a Tribal Government, the appropriate State executives of the State concerned shall assist the Tribal Government to assign a mailing address to each home and residence of the Tribal Government in the State that does not have a mailing address assigned to such home or residence and shall ensure that the State records include any such mailing address assigned and any mailing address previously assigned by such Tribal Government. (b) Definitions In this section: (1) Indian The term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) Indian tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) State The term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ). (4) Tribal government The term Tribal Government means the recognized governing body of an Indian Tribe. 137. State defined (a) Application to Commonwealth of Northern Mariana Islands Section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ) is amended by striking and the United States Virgin Islands and inserting the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Conforming amendments Such Act is further amended as follows: (1) The second sentence of section 213(a)(2) ( 52 U.S.C. 20943(a)(2) ) is amended by striking and American Samoa and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands. (2) Section 252(c)(2) ( 52 U.S.C. 21002(c)(2) ) is amended by striking or the United States Virgin Islands and inserting the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands. 138. Voter registration for applicants without driver’s license or social security number (a) In general Section 303(a)(5)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a)(5)(A) ) is amended— (1) in clause (i), by striking Except as provided in clause (ii), notwithstanding any other provision of law, an application and inserting An application ; (2) in clause (i)(II), by striking (other than an applicant to whom clause (ii) applies) ; and (3) by amending clause (ii) to read as follows: (ii) Special rule for applicants without driver’s license or social security number If an applicant for voter registration for an election for Federal office has not been issued a current and valid driver’s license or a social security number, the State shall assign the applicant a temporary number which shall be valid to identify the applicant for the purposes of voter registration only during the period that begins on the date the temporary number is assigned and ends 30 days after the date that the applicant receives a current and valid driver’s license or a social security number. If the applicant fails to provide a driver’s license number or the last 4 digits of the social security number (as the case may be) to the State during the 30-day period that begins on the date the applicant receives such driver’s license or social security number, the applicant’s application for voter registration with respect to which the temporary number was assigned may not be accepted or processed by the State.. 139. GAO study on domestic manufacturing and assembly of voting equipment (a) Study required The Comptroller General of the United States shall carry out a study on the feasability and requirements for all voting equipment used in elections for Federal office to be manufactured and assembled in the United States, which shall include an assessment of the importance of maintaining a secure supply chain for such voting equipment. (b) Submittal Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report containing the results of the study carried out under subsection (a) to— (1) the appropriate congressional committees; (2) the chief State election official of each State; (3) the Election Assistance Commission; and (4) the National Institute of Standards and Technology. (c) Sense of Congress It is the sense of Congress that it is in the national interest of the United States that equipment used for voting in American elections be developed, programmed, manufactured, and assembled within the United States under the authority of United States persons. 141. Short title This subtitle may be cited as the American Confidence in Elections: District of Columbia Election Integrity and Voter Confidence Act. 142. Statement of congressional authority; findings (a) Statement of congressional authority Congress finds that it has the authority to establish the terms and conditions for the administration of elections for public office in the District of Columbia— (1) pursuant to article I, section 8, clause 17 of the Constitution of the United States, which grants Congress the exclusive power to enact legislation with respect to the seat of the government of the United States; (2) with recognition of the Residence Act of 1790, which Congress passed pursuant to the above authority and which established the City of Washington in the District of Columbia as the seat of the government of the United States; (3) pursuant to article I, section 8, clause 18 of the Constitution of the United States, which grants Congress the authority to make all Laws which shall be necessary and proper for carrying into Execution its enumerated powers; and (4) under other enumerated powers granted to Congress. (b) Findings Congress finds the following: (1) Voter identification requirements in the District of Columbia are some of the weakest in the country. Currently, voters in the District of Columbia are required only to provide proof of residence the first time they vote and are never asked to provide anything again. (2) In the 2012 general election, the District of Columbia was wholly unprepared for early voters. Several polling locations featured only one or two voting machines. As a result, some voters waited in line for hours while others waited for hours only to be turned away as the polls closed. (3) Following the 2012 general election, the executive director of the D.C. Board of Elections testified that missteps had taken place during the election. Voters complained that some precincts weren't accessible for the disabled, while poorly trained employees ran sites elsewhere in the District. In other cases, voters were provided with ballots that were not correct for their addresses, allowing them to vote in races in other districts. (4) In the District of Columbia’s 2014 April Democratic primary, voters had to wait several hours after polls closed before receiving meaningful election returns because of problems with voting machines that led to an unusually lengthy and chaotic tabulation process. (5) In the aftermath of that primary, while the District of Columbia originally blamed a handful of voting machines for late election results, the executive director later clarified that the issue came from a broad computer network failure. As a result, on election night, ballots did not begin to be counted until 10:00 p.m. The executive director said on election night, polling officials never really did determine the problem.... All this occurred despite record low turnout for the primary. (6) Before the 2014 midterm election, the executive director hoped that ballot counting would be done before midnight but could not offer any promises based on the District of Columbia’s previous history. (7) Following the 2014 midterm election, the Office of the District of Columbia Auditor performed an audit of the election and found the following: (A) 23 of 89 precincts visited did not have the minimum number of poll workers designated in city election procedures. In total, 168 workers did not come to work as scheduled, and others that were not trained to perform certain functions had to take on new jobs. (B) 37 of the 89 precincts inspected featured polling places not fully accessible to disabled voters. Some issues included missing or inoperable doorbells to alert poll workers that a wheelchair-bound voter needed assistance, as well as a lack of accessible parking spaces and entrances. (C) 57 of the 89 precincts featured election and non-election equipment issues affecting a wide range of the Election Day technology—including paper ballot readers, electronic poll books and touch-screen voting machines. (8) In 2016, the Office of the District of Columbia Auditor released a report titled The District of Columbia Voter File: Compliance with Law and Best Practices , which included the following: (A) In 2015, the Board of Elections, as required under District law, sent out written notices to 260,000 inactive voters through the U.S. Postal Service in an attempt to maintain accurate voter registration rolls. 38,179, or almost fifteen percent of those postcards, were returned as undeliverable. (B) The Office of the Auditor took a sample of thirty-three decedents who had died between January of 2011 and December of 2014. The audit found that all of the thirty-three decedents were still on the District’s voter registration rolls. (C) The District of Columbia is a member of the Electronic Registration Information Center (ERIC). According to ERIC, 13,651 voters were registered in the District of Columbia and another jurisdiction. The D.C. Board of Elections contacted every voter with a duplicate registration. 6,000 voters confirmed they now resided outside the District of Columbia and the other 7,651 or 56 percent of voters with a duplicate registration did not respond. (9) The District of Columbia allows for same-day registration and automatic voter registration. In 2018, the District of Columbia implemented an Automatic Voter Registration program through the Department of Motor Vehicles (DMV). Now, any DMV application automatically serves as an application to register to vote or update registration records, unless the applicant affirmatively opts out of this registration option. (10) In 2020, voting in the District of Columbia for the June primary election was fraught with problems. Some voters waited in line for hours, and thousands of voters who requested absentee mail-in ballots never received them. As a result, the District of Columbia allowed voters that never received their absentee ballot to cast their ballots via unsecured email. During the Committee on House Administration and Committee on Oversight and Accountability joint hearing titled American Confidence in Elections: The Path to Election Integrity in the District of Columbia , witnesses called by Republicans and Democrats both agreed that casting a ballot via unsecured email raised serious security and voter identification concerns. (11) In 2020, the District of Columbia Board of Elections mailed every registered voter a ballot for the general election. Voters were still permitted to vote in-person. The Board mailed 421,791 ballots, and 48,018 of them were undeliverable, more than eleven percent. This is a rate more than eight times higher than the national average. (12) Even after mailing every registered voter a ballot in the 2020 general election, the District of Columbia had lower voter turnout rates than states like Florida, Ohio, and Georgia. In 2020, the District of Columbia reported a roughly 64 percent turnout while Florida reported 77 percent, Ohio reported roughly 74 percent, and Georgia reported 66 percent. (13) In 2022, the District of Columbia Board of Elections mailed every registered voter a ballot for the midterm primary election. Voters were still allowed to vote in person. The Board mailed 402,323 ballots, and 65,398 ballots, or about sixteen percent, were undeliverable. This is an increase of 17,380 in undeliverable ballots between the 2020 general election and the 2022 primary election. (14) In 2022, the District of Columbia Board of Elections mailed every registered voter a ballot for the November general election. Voters were still allowed to vote in person. The Board mailed 508,543 ballots, and 87,921 were undeliverable. The rate of undeliverable ballots mailed out for the general election in 2022 was seventeen percent, an increase of about six basis points from the 2020 election. In addition, the District of Columbia mailed over 500 voters an incorrect ballot. At the time of the 2022 election, the COVID–19 pandemic was largely over, allowing voters to vote in person without issue, unlike during the 2020 election. (15) Despite mailing every registered voter a ballot in the 2022 midterm election, the District of Columbia had far lower voter turnout rates than states like Florida, Georgia, and Ohio. In 2022, the District of Columbia reported roughly 40 percent turnout while Florida reported 54 percent, Ohio reported 52 percent, and Georgia reported roughly 57 percent. (16) The Local Resident Voting Rights Amendment Act of 2022 allows noncitizen green-card holders and illegal aliens to cast a ballot in local races, as long as the non-citizen voter is at least eighteen years of age and has resided in the District of Columbia for thirty days. The law will take effect in 2024. Estimates as to the number of non-citizens of voting age living in the District of Columbia range from 21,000 to 42,000, potentially half of whom are illegal aliens. Even according to the low estimates, there are more than enough non-citizens of voting age living in the District of Columbia to impact election outcomes in some wards. (17) On February 9, 2023, the U.S. House of Representatives, by a vote of 260 to 162, passed H.J. Res. 24, disapproving the Local Resident Voting Rights Amendment Act of 2022 under the District of Columbia Home Rule Act. 143. Requirements for elections in District of Columbia (a) Requirements described Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21801 et seq. ) is amended by adding at the end the following new subtitle: C Requirements for Elections in District of Columbia 321. Statement of Congressional authority; findings Congress finds that it has the authority to establish the terms and conditions for the administration of elections for public office in the District of Columbia— (1) under article I, section 8, clause 17 of the Constitution of the United States, which grants Congress the exclusive power to enact legislation with respect to the seat of the government of the United States; and (2) under other enumerated powers granted to Congress. 322. Requirements for photo identification (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Voter Identification Act. (b) Requiring provision of identification To receive a ballot or vote (1) Individuals voting in person A District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote in person unless the individual presents to the official an identification described in paragraph (3). (2) Individuals voting other than in person A District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote other than in person unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (3) Identification described An identification described in this paragraph is, with respect to an individual, any of the following: (A) A current and valid motor vehicle license issued by the District of Columbia or any other current and valid photo identification of the individual which is issued by the District of Columbia or the identification number for such motor vehicle license or photo identification. (B) A current and valid United States passport, a current and valid military photo identification, or any other current and valid photo identification of the individual which is issued by the Federal government. (C) Any current and valid photo identification of the individual which is issued by a Tribal Government. (D) A student photo identification issued by a secondary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (E) The last 4 digits of the individual's social security number. (4) Ensuring proof of residence If an individual presents or submits an identification described in paragraph (3) which does not include the address of the individual’s residence, the District of Columbia election official may not provide a ballot to the individual unless the individual presents or submits a document or other written information from a third party which— (A) provides the address of the individual’s residence; and (B) such document or other written information is of sufficient validity such that the election official is reasonably certain as to the identity of the individual. (c) Provision of identification without cost to indigent individuals If the District of Columbia charges an individual a fee for an identification described in subsection (b)(3) and the individual provides an attestation that the individual is unable to afford the fee, the District of Columbia shall provide the identification to the individual at no cost. (d) Special rule with respect to sincerely held religious beliefs In the case of an individual who is unable to comply with the requirements of subsection (b) due to sincerely held religious beliefs, the District of Columbia shall provide such individual with an alternative identification that shall be deemed to meet the requirements of an identification described in subsection (b)(3). (e) Designation of District of Columbia agency To provide copies of identification The Mayor of the District of Columbia shall designate an agency of the District of Columbia government to provide an individual with a copy of an identification described in subsection (b)(3) at no cost to the individual for the purposes of meeting the requirement under subsection (b)(2). (f) Inclusion of photos in poll books (1) Methods for obtaining photos (A) Provision of photos by offices of District of Columbia government If any office of the District of Columbia government has a photograph or digital image of the likeness of an individual who is eligible to vote in a District of Columbia election, the office, in consultation with the chief election official of the District of Columbia, shall provide access to the photograph or digital image to the chief election official of the District of Columbia. (B) Taking of photos at polling place If a photograph or digital image of an individual who votes in person at a polling place is not included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals, the appropriate election official shall take a photograph of the individual and provide access to the photograph to the chief election official of the District of Columbia. (C) Copies of photos provided by individuals not voting in person The election official who receives a copy of an identification described in subsection (b)(3) which is submitted by an individual who desires to vote other than in person at a polling place shall provide access to the copy of the identification to the chief election official of the District of Columbia. (2) Inclusion in poll books The chief election official of the District of Columbia shall ensure that a photograph, digital image, or copy of an identification for which access is provided under paragraph (1) is included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals. (3) Protection of privacy of voters The appropriate election officials of the District of Columbia shall ensure that any photograph, digital image, or copy of an identification which is included in a poll book under this subsection is not used for any purpose other than the administration of District of Columbia elections and is not provided or otherwise made available to any other person except as may be necessary to carry out that purpose. (g) Exceptions This section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (3) entitled to vote otherwise than in person under any other Federal law. (h) Definitions For the purposes of this section, the following definitions apply: (1) Indian tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) Tribal government The term Tribal Government means the recognized governing body of an Indian Tribe. 323. Requirements for voter registration (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Voter List Maintenance Act. (b) Annual list maintenance (1) Requirements (A) In general The District of Columbia shall carry out annually a program to remove ineligible persons from the official list of persons registered to vote in the District of Columbia, as required by section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) and pursuant to the procedures described in subparagraph (B). (B) Removal from voter rolls In the case of a registrant from the official list of eligible voters in District of Columbia elections who has failed to vote in a District of Columbia election during a period of two consecutive years, the District of Columbia shall send to such registrant a notice described in section 8(d)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(d)(2) ) and shall remove the registrant from the official list of eligible voters in District of Columbia elections if— (i) the registrant fails to respond to such notice; and (ii) the registrant has not voted or appeared to vote in a District of Columbia election during the period beginning the date such notice is sent and ending the later of 4 years after the date such notice is sent or after two consecutive District of Columbia general elections have been held. (2) Timing In the case of a year during which a regularly scheduled District of Columbia election is held, the District of Columbia shall carry out the program described in paragraph (1) not later than 90 days prior to the date of the election. (c) Prohibiting same-Day registration The District of Columbia may not permit an individual to vote in a District of Columbia election unless, not later than 30 days prior to the date of the election, the individual is duly registered to vote in the election. 324. Ban on collection and transmission of ballots by certain third parties (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Election Fraud Prevention Act. (b) In general The District of Columbia may not permit an individual to knowingly collect and transmit a ballot in a District of Columbia election that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (c) Definitions For purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home. (2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship. (3) The term household member means an individual who resides at the same residence as such person. 325. Timely processing and reporting of results (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Timely Reporting of Election Results Act. (b) Time for processing ballots and reporting results The District of Columbia shall begin processing ballots received by mail in a District of Columbia election as soon as such ballots are received and shall ensure that the results of such District of Columbia election are reported to the public not later than 12 hours after the closing of polls on the date of the election, but in no case shall such ballots be tabulated or such results be reported earlier than the closing of polls on the date of the election. (c) Requirement To publish number of voted ballots on election day The District of Columbia shall, as soon as practicable after the closing of polls on the date of a District of Columbia election, make available on a publicly accessible website the total number of voted ballots in the possession of election officials in the District of Columbia as of the time of the closing of polls on the date of such election, which shall include, as of such time— (1) the number of voted ballots delivered by mail; (2) the number of ballots requested for such election by individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); and (3) the number of voted ballots for such election received from individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ), including from individuals who, under such Act, voted by absentee ballot without requesting such a ballot. (d) Requirements To ensure bipartisan election administration activity With respect to a District of Columbia election, District of Columbia election officials shall ensure that all activities are carried out in a bipartisan manner, which shall include a requirement that, in the case of an election worker who enters a room which contains ballots, voting equipment, or non-voting equipment as any part of the election worker’s duties to carry out such election, the election worker is accompanied by an individual registered to vote with respect to a different political party than such election worker, as determined pursuant to the voting registration records of the District of Columbia. 326. Ban on noncitizen voting (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Citizen Voter Act. (b) Ban on noncitizen voting No individual may vote in a District of Columbia election unless the individual is a citizen of the United States. 327. Requirements with respect to provisional ballots (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Provisional Ballot Reform Act. (b) In general Except as provided in subsection (c), the District of Columbia shall permit an individual to cast a provisional ballot pursuant to section 302 if— (1) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote; or (2) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but does not provide an identification required under section 322, except that the individual’s provisional ballot shall not be counted in the election unless the individual provides such identification to the chief State election official of the District of Columbia not later than 5:00 pm on the second day which begins after the date of the election. (c) Requirements with respect to counting provisional ballots in certain cases If the name of an individual who is a registered voter in the District of Columbia and eligible to vote in a District of Columbia election appears on the official list of eligible voters for a polling place in the District of Columbia, such individual may cast a provisional ballot pursuant to section 302 for such election at a polling place other than the polling place with respect to which the name of the individual appears on the official list of eligible voters, except that the individual’s provisional ballot shall not be counted in the election unless the individual demonstrates pursuant to the requirements under section 302 that the individual is a registered voter in the jurisdiction of the polling place at which the individual cast such ballot. 328. Mandatory post-election audits (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Mandatory Post-Election Audits Act. (b) Requirement for post-Election audits (1) Requirement Not later than 30 days after each District of Columbia election, the District of Columbia shall conduct and publish an audit of the effectiveness and accuracy of the voting systems, nonvoting election technology (as defined in section 298C), election procedures, and outcomes used to carry out the election and the performance of the election officials who carried out the election, but in no case shall such audit be completed later than 2 business days before the deadline to file an election contest under the laws of the District of Columbia. (2) Independence of auditor No individual who participates in conducting the audit required under this section may be an employee or contractor of an office of the District of Columbia which is responsible for the administration of District of Columbia elections or of a subsidiary or affiliate of such an office. 329. Public observation of election procedures (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Public Observation of Election Procedures Act. (b) Designated representatives of candidates, political parties, and committees affiliated with ballot initiatives (1) Authority to observe procedures An individual who is not a District of Columbia election official may observe election procedures carried out in a District of Columbia election, as described in paragraph (2), if the individual is designated to observe such procedures by a candidate in the election, a political party, or a committee affiliated with a ballot initiative or referendum in the election. (2) Authority and procedures described The authority of an individual to observe election procedures pursuant to this subsection is as follows: (A) The individual may serve as a poll watcher to observe the casting and tabulation of ballots at a polling place on the date of the election or on any day prior to the date of the election on which ballots are cast at early voting sites, and may challenge the casting or tabulation of any such ballot. (B) The individual may serve as a poll watcher to observe the canvassing and processing of absentee or other mail-in ballots, including the procedures for verification of signed certificates of transmission under section 330(c)(2). (C) The individual may observe the recount of the results of the election at any location at which the recount is held, and may challenge the tabulation of any ballot tabulated pursuant to the recount. (3) Provision of credentials The chief State election official of the District of Columbia shall provide each individual who is authorized to observe election procedures under paragraph (1) with appropriate credentials to enable the individual to observe such procedures. (4) Exception for candidates and law enforcement officers An individual may not serve as a poll watcher under subparagraph (A) or (B) of paragraph (2), and the chief State election official of the District of Columbia may not provide the individual with credentials to enable the individual to serve as a poll watcher under such subparagraph, if the individual is a candidate in the election or a law enforcement officer. (c) Other individuals (1) Petition for observer credentials In addition to the individuals described in subsection (b), any individual, including an individual representing or affiliated with a domestic or international organization, may petition the chief State election official of the District of Columbia to provide the individual with credentials to observe election procedures carried out in a District of Columbia election, as described in subsection (b). (2) Authority described If the chief State election official provides an individual with credentials under paragraph (1), the individual shall have the same authority to observe election procedures carried out in the election as an individual described in subsection (b), except that the individual may not challenge the casting, tabulation, canvassing, or processing of any ballot in the election. (3) Exception for candidates and law enforcement officers The chief State election official of the District of Columbia may not provide an individual who is a candidate in the election or a law enforcement officer with credentials to serve as a poll watcher, as described in subparagraph (A) or (B) of subsection (b)(2). (d) Authority of members of public To observe testing of equipment In addition to the authority of individuals to observe procedures under subsections (b) and (c), any member of the public may observe the testing of election equipment by election officials prior to the date of the election. (e) Prohibiting limits on ability To view procedures An election official may not obstruct the ability of an individual who is authorized to observe an election procedure under this section to view the procedure as it is being carried out. (f) Prohibition against certain restrictions An election official may not require that an individual who observes election procedures under this section stays more than 3 feet away from the procedure as it is being carried out. 330. Requirements for voting by mail-in ballot (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Mail Balloting Reform Act. (b) Prohibiting transmission of unsolicited ballots The District of Columbia may not transmit an absentee or other mail-in ballot for a District of Columbia election to any individual who does not request the District of Columbia to transmit the ballot. (c) Signature verification (1) Inclusion of certificate with ballot The District of Columbia shall include with each absentee or other mail-in ballot transmitted for a District of Columbia election a certificate of transmission which may be signed by the individual for whom the ballot is transmitted. (2) Requiring verification for ballot to be counted Except as provided in subsection (d), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election unless— (A) the individual for whom the ballot was transmitted— (i) signs and dates the certificate of transmission included with the ballot under paragraph (1); and (ii) includes the signed certification with the ballot and the date on such certification is accurate and in no case later than the date of the election; and (B) the individual’s signature on the ballot matches the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters. (d) Notice and opportunity To cure (1) Notice and opportunity to cure discrepancy in signatures If an individual submits an absentee or other mail-in ballot for a District of Columbia election and the appropriate District of Columbia election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (A) make a good faith effort to immediately notify the individual by mail, telephone, or (if available) text message and electronic mail that— (i) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters; and (ii) if such discrepancy is not cured prior to the expiration of the 48-hour period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and (B) cure such discrepancy and count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (2) Notice and opportunity to cure missing signature or other defect If an individual submits an absentee or other mail-in ballot for a District of Columbia election without a signature on the ballot or the certificate of transmission included with the ballot under subsection (c)(1) or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate District of Columbia election official, prior to making a final determination as to the validity of the ballot, shall— (A) make a good faith effort to immediately notify the individual either by mail, telephone, or (if available) text message and electronic mail that— (i) the ballot or certificate of transmission did not include a signature or has some other defect; and (ii) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 48-hour period which begins on the date the official notifies the individual that the ballot or certificate of transmission did not include a signature or has some other defect, such ballot will not be counted; and (B) count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with the missing signature on a form proscribed by the District of Columbia or cures the other defect. This paragraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (e) Deadline for acceptance (1) Deadline Except as provided in paragraph (2), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election which is received by the appropriate election official following the close of polls on Election Day. (2) Exception for absent military and overseas voters Paragraph (1) does not apply to a ballot cast by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (3) Rule of construction Nothing in this subsection may be construed as prohibiting the District of Columbia from accepting an absentee or other mail-in ballot for a District of Columbia election that is delivered in person by the voter to an election official at an appropriate polling place or the District of Columbia Board of Elections if such ballot is received by the election official by the deadline described in paragraph (1). 331. Requirements with respect to use of drop boxes (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Ballot Security Act. (b) Requirements With respect to a District of Columbia election, the District of Columbia may not use a drop box to accept a voted absentee or other mail-in ballot for any such election unless— (1) any such drop box is located inside a District of Columbia government building or facility; (2) the District of Columbia provides for the security of any such drop box through 24-hour remote or electronic surveillance; and (3) the District of Columbia Board of Elections collects any ballot deposited in any such drop box each day after 5:00 p.m. (local time) during the period of the election. 332. Special rule with respect to application of requirements to Federal elections With respect to an election for Federal office in the District of Columbia, to the extent that there is any inconsistency with the requirements of this subtitle and the requirements of subtitle A, the requirements of this subtitle shall apply. 333. Prohibiting the use of ranked choice voting (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia One Vote One Choice Act. (b) Prohibition The District of Columbia may not carry out a District of Columbia election using a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter’s preference. 334. Early voting (a) Requiring early voting (1) In general The District of Columbia shall allow individuals to vote in person in a District of Columbia election during an early voting period which occurs prior to the date of the election, in the same manner as in person voting is allowed on such date. (2) Length of period The early voting period required under this subsection with respect to a District of Columbia election shall consist of not more than 10 days during the period of consecutive days (including weekends) which begins on the 14th day before the date of the election and ends on the date of the election. (b) Polling place requirements Each polling place which allows voting during an early voting period under subsection (a) shall have the same hours for each day on which such voting occurs as the polling place has on the date of the election. 335. District of Columbia election defined In this subtitle, the term District of Columbia election means any election for public office in the District of Columbia, including an election for Federal office, and any ballot initiative or referendum.. (b) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking the period at the end and inserting the following: , and the requirements of subtitle C with respect to the District of Columbia.. (c) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to title III the following: Subtitle C—Requirements for Elections in District of Columbia Sec. 321. Statement of Congressional authority; findings. Sec. 322. Requirements for photo identification. Sec. 323. Requirements for voter registration. Sec. 324. Ban on collection and transmission of ballots by certain third parties. Sec. 325. Timely processing and reporting of results. Sec. 326. Ban on noncitizen voting. Sec. 327. Requirements with respect to provisional ballots. Sec. 328. Mandatory post-election audits. Sec. 329. Public observation of election procedures. Sec. 330. Requirements for voting by mail-in ballot. Sec. 331. Requirements with respect to use of drop boxes. Sec. 332. Special rule with respect to application of requirements to Federal elections. Sec. 333. Prohibiting the use of ranked choice voting. Sec. 334. Early voting. Sec. 335. District of Columbia election defined. 321. Statement of Congressional authority; findings Congress finds that it has the authority to establish the terms and conditions for the administration of elections for public office in the District of Columbia— (1) under article I, section 8, clause 17 of the Constitution of the United States, which grants Congress the exclusive power to enact legislation with respect to the seat of the government of the United States; and (2) under other enumerated powers granted to Congress. 322. Requirements for photo identification (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Voter Identification Act. (b) Requiring provision of identification To receive a ballot or vote (1) Individuals voting in person A District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote in person unless the individual presents to the official an identification described in paragraph (3). (2) Individuals voting other than in person A District of Columbia election official may not provide a ballot for a District of Columbia election to an individual who desires to vote other than in person unless the individual submits with the application for the ballot a copy of an identification described in paragraph (3). (3) Identification described An identification described in this paragraph is, with respect to an individual, any of the following: (A) A current and valid motor vehicle license issued by the District of Columbia or any other current and valid photo identification of the individual which is issued by the District of Columbia or the identification number for such motor vehicle license or photo identification. (B) A current and valid United States passport, a current and valid military photo identification, or any other current and valid photo identification of the individual which is issued by the Federal government. (C) Any current and valid photo identification of the individual which is issued by a Tribal Government. (D) A student photo identification issued by a secondary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (E) The last 4 digits of the individual's social security number. (4) Ensuring proof of residence If an individual presents or submits an identification described in paragraph (3) which does not include the address of the individual’s residence, the District of Columbia election official may not provide a ballot to the individual unless the individual presents or submits a document or other written information from a third party which— (A) provides the address of the individual’s residence; and (B) such document or other written information is of sufficient validity such that the election official is reasonably certain as to the identity of the individual. (c) Provision of identification without cost to indigent individuals If the District of Columbia charges an individual a fee for an identification described in subsection (b)(3) and the individual provides an attestation that the individual is unable to afford the fee, the District of Columbia shall provide the identification to the individual at no cost. (d) Special rule with respect to sincerely held religious beliefs In the case of an individual who is unable to comply with the requirements of subsection (b) due to sincerely held religious beliefs, the District of Columbia shall provide such individual with an alternative identification that shall be deemed to meet the requirements of an identification described in subsection (b)(3). (e) Designation of District of Columbia agency To provide copies of identification The Mayor of the District of Columbia shall designate an agency of the District of Columbia government to provide an individual with a copy of an identification described in subsection (b)(3) at no cost to the individual for the purposes of meeting the requirement under subsection (b)(2). (f) Inclusion of photos in poll books (1) Methods for obtaining photos (A) Provision of photos by offices of District of Columbia government If any office of the District of Columbia government has a photograph or digital image of the likeness of an individual who is eligible to vote in a District of Columbia election, the office, in consultation with the chief election official of the District of Columbia, shall provide access to the photograph or digital image to the chief election official of the District of Columbia. (B) Taking of photos at polling place If a photograph or digital image of an individual who votes in person at a polling place is not included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals, the appropriate election official shall take a photograph of the individual and provide access to the photograph to the chief election official of the District of Columbia. (C) Copies of photos provided by individuals not voting in person The election official who receives a copy of an identification described in subsection (b)(3) which is submitted by an individual who desires to vote other than in person at a polling place shall provide access to the copy of the identification to the chief election official of the District of Columbia. (2) Inclusion in poll books The chief election official of the District of Columbia shall ensure that a photograph, digital image, or copy of an identification for which access is provided under paragraph (1) is included in the poll book which contains the name of the individuals who are eligible to vote in the District of Columbia election and which is used by election officials to provide ballots to such eligible individuals. (3) Protection of privacy of voters The appropriate election officials of the District of Columbia shall ensure that any photograph, digital image, or copy of an identification which is included in a poll book under this subsection is not used for any purpose other than the administration of District of Columbia elections and is not provided or otherwise made available to any other person except as may be necessary to carry out that purpose. (g) Exceptions This section does not apply with respect to any individual who is— (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); (2) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (3) entitled to vote otherwise than in person under any other Federal law. (h) Definitions For the purposes of this section, the following definitions apply: (1) Indian tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) Tribal government The term Tribal Government means the recognized governing body of an Indian Tribe. 323. Requirements for voter registration (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Voter List Maintenance Act. (b) Annual list maintenance (1) Requirements (A) In general The District of Columbia shall carry out annually a program to remove ineligible persons from the official list of persons registered to vote in the District of Columbia, as required by section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) and pursuant to the procedures described in subparagraph (B). (B) Removal from voter rolls In the case of a registrant from the official list of eligible voters in District of Columbia elections who has failed to vote in a District of Columbia election during a period of two consecutive years, the District of Columbia shall send to such registrant a notice described in section 8(d)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(d)(2) ) and shall remove the registrant from the official list of eligible voters in District of Columbia elections if— (i) the registrant fails to respond to such notice; and (ii) the registrant has not voted or appeared to vote in a District of Columbia election during the period beginning the date such notice is sent and ending the later of 4 years after the date such notice is sent or after two consecutive District of Columbia general elections have been held. (2) Timing In the case of a year during which a regularly scheduled District of Columbia election is held, the District of Columbia shall carry out the program described in paragraph (1) not later than 90 days prior to the date of the election. (c) Prohibiting same-Day registration The District of Columbia may not permit an individual to vote in a District of Columbia election unless, not later than 30 days prior to the date of the election, the individual is duly registered to vote in the election. 324. Ban on collection and transmission of ballots by certain third parties (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Election Fraud Prevention Act. (b) In general The District of Columbia may not permit an individual to knowingly collect and transmit a ballot in a District of Columbia election that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service or other commercial common carrier engaged in similar activities while engaged in duties authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (c) Definitions For purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver means an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home. (2) The term family member means an individual who is related to such person by blood, marriage, adoption or legal guardianship. (3) The term household member means an individual who resides at the same residence as such person. 325. Timely processing and reporting of results (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Timely Reporting of Election Results Act. (b) Time for processing ballots and reporting results The District of Columbia shall begin processing ballots received by mail in a District of Columbia election as soon as such ballots are received and shall ensure that the results of such District of Columbia election are reported to the public not later than 12 hours after the closing of polls on the date of the election, but in no case shall such ballots be tabulated or such results be reported earlier than the closing of polls on the date of the election. (c) Requirement To publish number of voted ballots on election day The District of Columbia shall, as soon as practicable after the closing of polls on the date of a District of Columbia election, make available on a publicly accessible website the total number of voted ballots in the possession of election officials in the District of Columbia as of the time of the closing of polls on the date of such election, which shall include, as of such time— (1) the number of voted ballots delivered by mail; (2) the number of ballots requested for such election by individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ); and (3) the number of voted ballots for such election received from individuals who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ), including from individuals who, under such Act, voted by absentee ballot without requesting such a ballot. (d) Requirements To ensure bipartisan election administration activity With respect to a District of Columbia election, District of Columbia election officials shall ensure that all activities are carried out in a bipartisan manner, which shall include a requirement that, in the case of an election worker who enters a room which contains ballots, voting equipment, or non-voting equipment as any part of the election worker’s duties to carry out such election, the election worker is accompanied by an individual registered to vote with respect to a different political party than such election worker, as determined pursuant to the voting registration records of the District of Columbia. 326. Ban on noncitizen voting (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Citizen Voter Act. (b) Ban on noncitizen voting No individual may vote in a District of Columbia election unless the individual is a citizen of the United States. 327. Requirements with respect to provisional ballots (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Provisional Ballot Reform Act. (b) In general Except as provided in subsection (c), the District of Columbia shall permit an individual to cast a provisional ballot pursuant to section 302 if— (1) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote; or (2) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but does not provide an identification required under section 322, except that the individual’s provisional ballot shall not be counted in the election unless the individual provides such identification to the chief State election official of the District of Columbia not later than 5:00 pm on the second day which begins after the date of the election. (c) Requirements with respect to counting provisional ballots in certain cases If the name of an individual who is a registered voter in the District of Columbia and eligible to vote in a District of Columbia election appears on the official list of eligible voters for a polling place in the District of Columbia, such individual may cast a provisional ballot pursuant to section 302 for such election at a polling place other than the polling place with respect to which the name of the individual appears on the official list of eligible voters, except that the individual’s provisional ballot shall not be counted in the election unless the individual demonstrates pursuant to the requirements under section 302 that the individual is a registered voter in the jurisdiction of the polling place at which the individual cast such ballot. 328. Mandatory post-election audits (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Mandatory Post-Election Audits Act. (b) Requirement for post-Election audits (1) Requirement Not later than 30 days after each District of Columbia election, the District of Columbia shall conduct and publish an audit of the effectiveness and accuracy of the voting systems, nonvoting election technology (as defined in section 298C), election procedures, and outcomes used to carry out the election and the performance of the election officials who carried out the election, but in no case shall such audit be completed later than 2 business days before the deadline to file an election contest under the laws of the District of Columbia. (2) Independence of auditor No individual who participates in conducting the audit required under this section may be an employee or contractor of an office of the District of Columbia which is responsible for the administration of District of Columbia elections or of a subsidiary or affiliate of such an office. 329. Public observation of election procedures (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Public Observation of Election Procedures Act. (b) Designated representatives of candidates, political parties, and committees affiliated with ballot initiatives (1) Authority to observe procedures An individual who is not a District of Columbia election official may observe election procedures carried out in a District of Columbia election, as described in paragraph (2), if the individual is designated to observe such procedures by a candidate in the election, a political party, or a committee affiliated with a ballot initiative or referendum in the election. (2) Authority and procedures described The authority of an individual to observe election procedures pursuant to this subsection is as follows: (A) The individual may serve as a poll watcher to observe the casting and tabulation of ballots at a polling place on the date of the election or on any day prior to the date of the election on which ballots are cast at early voting sites, and may challenge the casting or tabulation of any such ballot. (B) The individual may serve as a poll watcher to observe the canvassing and processing of absentee or other mail-in ballots, including the procedures for verification of signed certificates of transmission under section 330(c)(2). (C) The individual may observe the recount of the results of the election at any location at which the recount is held, and may challenge the tabulation of any ballot tabulated pursuant to the recount. (3) Provision of credentials The chief State election official of the District of Columbia shall provide each individual who is authorized to observe election procedures under paragraph (1) with appropriate credentials to enable the individual to observe such procedures. (4) Exception for candidates and law enforcement officers An individual may not serve as a poll watcher under subparagraph (A) or (B) of paragraph (2), and the chief State election official of the District of Columbia may not provide the individual with credentials to enable the individual to serve as a poll watcher under such subparagraph, if the individual is a candidate in the election or a law enforcement officer. (c) Other individuals (1) Petition for observer credentials In addition to the individuals described in subsection (b), any individual, including an individual representing or affiliated with a domestic or international organization, may petition the chief State election official of the District of Columbia to provide the individual with credentials to observe election procedures carried out in a District of Columbia election, as described in subsection (b). (2) Authority described If the chief State election official provides an individual with credentials under paragraph (1), the individual shall have the same authority to observe election procedures carried out in the election as an individual described in subsection (b), except that the individual may not challenge the casting, tabulation, canvassing, or processing of any ballot in the election. (3) Exception for candidates and law enforcement officers The chief State election official of the District of Columbia may not provide an individual who is a candidate in the election or a law enforcement officer with credentials to serve as a poll watcher, as described in subparagraph (A) or (B) of subsection (b)(2). (d) Authority of members of public To observe testing of equipment In addition to the authority of individuals to observe procedures under subsections (b) and (c), any member of the public may observe the testing of election equipment by election officials prior to the date of the election. (e) Prohibiting limits on ability To view procedures An election official may not obstruct the ability of an individual who is authorized to observe an election procedure under this section to view the procedure as it is being carried out. (f) Prohibition against certain restrictions An election official may not require that an individual who observes election procedures under this section stays more than 3 feet away from the procedure as it is being carried out. 330. Requirements for voting by mail-in ballot (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Mail Balloting Reform Act. (b) Prohibiting transmission of unsolicited ballots The District of Columbia may not transmit an absentee or other mail-in ballot for a District of Columbia election to any individual who does not request the District of Columbia to transmit the ballot. (c) Signature verification (1) Inclusion of certificate with ballot The District of Columbia shall include with each absentee or other mail-in ballot transmitted for a District of Columbia election a certificate of transmission which may be signed by the individual for whom the ballot is transmitted. (2) Requiring verification for ballot to be counted Except as provided in subsection (d), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election unless— (A) the individual for whom the ballot was transmitted— (i) signs and dates the certificate of transmission included with the ballot under paragraph (1); and (ii) includes the signed certification with the ballot and the date on such certification is accurate and in no case later than the date of the election; and (B) the individual’s signature on the ballot matches the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters. (d) Notice and opportunity To cure (1) Notice and opportunity to cure discrepancy in signatures If an individual submits an absentee or other mail-in ballot for a District of Columbia election and the appropriate District of Columbia election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (A) make a good faith effort to immediately notify the individual by mail, telephone, or (if available) text message and electronic mail that— (i) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the District of Columbia or other official record or document used by the District of Columbia to verify the signatures of voters; and (ii) if such discrepancy is not cured prior to the expiration of the 48-hour period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and (B) cure such discrepancy and count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (2) Notice and opportunity to cure missing signature or other defect If an individual submits an absentee or other mail-in ballot for a District of Columbia election without a signature on the ballot or the certificate of transmission included with the ballot under subsection (c)(1) or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate District of Columbia election official, prior to making a final determination as to the validity of the ballot, shall— (A) make a good faith effort to immediately notify the individual either by mail, telephone, or (if available) text message and electronic mail that— (i) the ballot or certificate of transmission did not include a signature or has some other defect; and (ii) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 48-hour period which begins on the date the official notifies the individual that the ballot or certificate of transmission did not include a signature or has some other defect, such ballot will not be counted; and (B) count the ballot if, prior to the expiration of the 48-hour period described in subparagraph (A)(ii), the individual provides the official with the missing signature on a form proscribed by the District of Columbia or cures the other defect. This paragraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (e) Deadline for acceptance (1) Deadline Except as provided in paragraph (2), the District of Columbia may not accept an absentee or other mail-in ballot for a District of Columbia election which is received by the appropriate election official following the close of polls on Election Day. (2) Exception for absent military and overseas voters Paragraph (1) does not apply to a ballot cast by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (3) Rule of construction Nothing in this subsection may be construed as prohibiting the District of Columbia from accepting an absentee or other mail-in ballot for a District of Columbia election that is delivered in person by the voter to an election official at an appropriate polling place or the District of Columbia Board of Elections if such ballot is received by the election official by the deadline described in paragraph (1). 331. Requirements with respect to use of drop boxes (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia Ballot Security Act. (b) Requirements With respect to a District of Columbia election, the District of Columbia may not use a drop box to accept a voted absentee or other mail-in ballot for any such election unless— (1) any such drop box is located inside a District of Columbia government building or facility; (2) the District of Columbia provides for the security of any such drop box through 24-hour remote or electronic surveillance; and (3) the District of Columbia Board of Elections collects any ballot deposited in any such drop box each day after 5:00 p.m. (local time) during the period of the election. 332. Special rule with respect to application of requirements to Federal elections With respect to an election for Federal office in the District of Columbia, to the extent that there is any inconsistency with the requirements of this subtitle and the requirements of subtitle A, the requirements of this subtitle shall apply. 333. Prohibiting the use of ranked choice voting (a) Short title This section may be cited as the American Confidence in Elections: District of Columbia One Vote One Choice Act. (b) Prohibition The District of Columbia may not carry out a District of Columbia election using a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter’s preference. 334. Early voting (a) Requiring early voting (1) In general The District of Columbia shall allow individuals to vote in person in a District of Columbia election during an early voting period which occurs prior to the date of the election, in the same manner as in person voting is allowed on such date. (2) Length of period The early voting period required under this subsection with respect to a District of Columbia election shall consist of not more than 10 days during the period of consecutive days (including weekends) which begins on the 14th day before the date of the election and ends on the date of the election. (b) Polling place requirements Each polling place which allows voting during an early voting period under subsection (a) shall have the same hours for each day on which such voting occurs as the polling place has on the date of the election. 335. District of Columbia election defined In this subtitle, the term District of Columbia election means any election for public office in the District of Columbia, including an election for Federal office, and any ballot initiative or referendum. 144. Repeal of Local Resident Voting Rights Amendment Act of 2022 The Local Resident Voting Rights Amendment Act of 2022 (D.C. Law 24–242) is repealed, and any provision of law amended or repealed by such Act shall be restored or revived as if such Act had not been enacted into law. 145. Effective date The amendments made by this subtitle shall apply with respect to District of Columbia elections held on or after January 1, 2024. For purposes of this section, the term District of Columbia election has the meaning given such term in section 333 of the Help America Vote Act of 2002, as added by section 143(a). 151. Short title This subtitle may be cited as the Positioning the Election Assistance Commission for the Future Act of 2023. 152. Findings relating to the administration of the Election Assistance Commission Congress finds the following: (1) The Election Assistance Commission best serves the American people when operating within its core statutory functions, including serving as a clearinghouse for information on election administration, providing grants, and testing and certifying election equipment. (2) The American people are best served when Federal agency election assistance is offered by a single agency with expertise in this space. The Election Assistance Commission, composed of four election experts from different political parties, is best situated among the Federal government agencies to offer assistance services to citizens and to guide other Federal agencies that have responsibilities in the elections space. The Commission is also best suited to determine the timing of the issuance of any advisories and to disburse all appropriated election grant funding. (3) To this end, Congress finds that the Election Assistance Commission should be viewed as the lead Federal government agency on all election administration matters, and other Federal agencies operating in this space should look to the Commission for guidance, direction, and support on election administration-related issues. 153. Requirements with respect to staff and funding of the Election Assistance Commission (a) Staff Section 204(a)(5) of the Help America Vote Act of 2002 ( 52 U.S.C. 20924(a)(5) ) is amended by striking of such additional personnel and inserting of not more than 55 full-time equivalent employees to carry out the duties and responsibilities under this Act and the additional duties and responsibilities required under the American Confidence in Elections Act. (b) Funding Section 210 of the Help America Vote Act of 2002 ( 52 U.S.C. 20930 ) is amended— (1) by striking for each of the fiscal years 2003 through 2005 and inserting for each of the fiscal years 2024 through 2026 ; and (2) by striking (but not to exceed $10,000,000 for each such year) and inserting (but not to exceed $25,000,000 for each such year). (c) Prohibition on certain use of funds (1) Prohibition None of the funds authorized to be appropriated or otherwise made available under subsection (b) may be obligated or expended for the operation of an advisory committee established by the Election Assistance Commission pursuant to and in accordance with the provisions of the Federal Advisory Committee Act ( 5 U.S.C. App. 2 ), except with respect to the operation of the Local Leadership Council. (2) No effect on entities established by Help America Vote Act of 2002 Paragraph (1) does not apply with respect to the operation of any entity established by the Help America Vote Act of 2002, including the Election Assistance Commission Standards Board, the Election Assistance Commission Board of Advisors, and the Technical Guidelines Development Committee. (d) Requirements with respect to compensation of members of the Commission Section 203(d) of the Help America Vote Act of 2002 ( 52 U.S.C. 20923(d) ) is amended— (1) in paragraph (1), by striking at the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code and inserting at an annual rate of basic pay equal to the lesser of the amount of $176,300, as adjusted under section 5318 of title 5, United States Code, in the same manner as the annual rate of pay for positions at each level of the Executive Schedule, or 90 percent of the annual rate of pay for a member of the Federal Election Commission (but in no case lower than the rate applicable for the pay period occurring on the date of the enactment of the ACE Act) ; (2) in paragraph (2), by striking No member appointed and inserting Except as provided in paragraph (3), no member appointed ; and (3) by adding at the end the following new paragraph: (3) Supplemental employment and compensation An individual serving a term of service on the Commission shall be permitted to hold a position at an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) if— (A) the General Counsel of the Election Assistance Commission determines that such position does not create a conflict of interest with the individual’s position as a sitting member of the Commission and grants the individual approval to hold the position; and (B) the annual rate of compensation received by the individual from such institution is not greater than the amount equal to 49.9% of the annual rate of basic pay paid to the individual under paragraph (1).. (e) Office of Inspector General Section 204 of the Help America Vote Act of 2002 ( 52 U.S.C. 20924 ) is amended by adding at the end the following new subsection: (f) Office of Inspector General In consultation with the Office of the Inspector General of the Commission, the Commission shall establish annually a budget and a number of full-time equivalent employees for the Office of the Inspector General which will ensure that the Office has sufficient funding and personnel to carry out the duties and responsibilities under section 404 of title 5, United States Code.. (f) Effective date This section and the amendments made by this section shall take effect on October 1, 2025. 154. General requirements for payments made by Election Assistance Commission (a) Exclusive authority of Election Assistance Commission To make election administration payments to States No entity of the Federal Government other than the Election Assistance Commission may make any payment to a State for purposes of administering elections for Federal office, including obtaining election and voting equipment and infrastructure (including software), enhancing election and voting technology, and making election and voting security improvements, including with respect to cybersecurity and infrastructure (including software). (b) Prohibiting use of payments for get-Out-the-Vote-Activity; other requirements for payments made by Commission Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ) is amended by adding at the end the following new part: 7 General Requirements for Payments 297. Prohibiting use of payments for get-out-the-vote-activity (a) Prohibition No payment made to a State or unit of local government by the Commission under this Act or any other Act or any other Federal funds made available to a State or unit of local government may be used for get-out-the-vote activity. (b) Definition In this section, the term get-out-the-vote activity means, with respect to a payment made to a State or unit of local government, any activity which, at the time the payment is made, is treated as get-out-the-vote-activity under the Federal Election Campaign Act of 1971 and the regulations promulgated by the Federal Election Commission to carry out such Act, or similar activity which is targeted, or may be reasonably assumed to be targeted, at particular voters and groups of voters on the basis of political affiliation, their expected votes, their place of residence, or some other demographic factor.. (c) Requiring disclaimer in communications Part 7 of subtitle D of title II of such Act, as added by subsection (b), is amended by adding at the end the following new section: 297A. Requiring communications funded by payments to include disclaimer (a) Requirement If a State or unit of local government disseminates a public communication which was developed or disseminated in whole or in part with a payment made to the State or a unit of local government by the Commission under this Act or any other Act, the State or unit of local government shall ensure that the communication includes, in a clear and conspicuous manner, the following statement: Paid for using Federal taxpayer funds pursuant to the Help America Vote Act. (b) Clear and conspicuous manner described A statement required under subsection (a) shall be considered to be in a clear and conspicuous manner if the statement meets the following requirements: (1) Text or graphic communications In the case of a text or graphic communication, the statement— (A) appears in letters at least as legible as the majority of the text in the communication; (B) is contained in a printed box set apart from the other contents of the communication; and (C) is printed with a reasonable degree of color contrast between the background and the printed statement. (2) Audio communications In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (3) Video communications In the case of a video communication, the statement— (A) is included at either the beginning or the end of the communication; and (B) is made in a written format that meets the requirements of subparagraphs (A) and (C) of paragraph (1) and appears for at least 4 seconds. (4) Other communications In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in paragraph (1), (2), or (3). (c) Public communication In this section, the term public communication means a communication relating to the administration of an election for Federal office by means of any broadcast, cable, or satellite communication, internet communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public advertising. 297B. Guidance on use of payments (a) Requiring establishment and publication on guidance The Commission shall establish and publish clear guidance on the permissible use of any payments made by the Commission to States and units of local government under this Act or any other Act. (b) Requirements for guidance The guidance established under this section shall meet the following requirements: (1) The guidance shall be consistent for all States and units of local government. (2) The guidance shall be available to the public. (3) If the Commission revises any previously established and published guidance under this section, the revision may not take effect until after the next regularly scheduled general election for Federal office, and the Commission shall provide and publish its reasons for the revision. (c) Application of guidance to audits If the Commission conducts any audit of the use of a payment to a State or unit of local government, it shall base the audit on the compliance of the State or unit of local government with the applicable guidance under this section and the applicable requirements of this Act. (d) Uniform terms for reports In cooperation and consultation with States, the Commission shall establish a set of uniform terms for States and units of local government to use for any reports submitted to the Commission on the use of payments made by the Commission under this Act or any other Act.. (d) Clerical amendment The table of contents of such Act is amended by inserting at the end of the items relating to subtitle D of title II the following: Part 7—General Requirements for Payments Sec. 297. Prohibiting use of payments for get-out-the-vote-activity. Sec. 297A. Requiring communications funded by payments to include disclaimer. Sec. 297B. Guidance on use of payments.. (e) Effective date This section and the amendments made by this section shall apply with respect to payments made on or after the date that is 30 days after the date of the enactment of this Act. 297. Prohibiting use of payments for get-out-the-vote-activity (a) Prohibition No payment made to a State or unit of local government by the Commission under this Act or any other Act or any other Federal funds made available to a State or unit of local government may be used for get-out-the-vote activity. (b) Definition In this section, the term get-out-the-vote activity means, with respect to a payment made to a State or unit of local government, any activity which, at the time the payment is made, is treated as get-out-the-vote-activity under the Federal Election Campaign Act of 1971 and the regulations promulgated by the Federal Election Commission to carry out such Act, or similar activity which is targeted, or may be reasonably assumed to be targeted, at particular voters and groups of voters on the basis of political affiliation, their expected votes, their place of residence, or some other demographic factor. 297A. Requiring communications funded by payments to include disclaimer (a) Requirement If a State or unit of local government disseminates a public communication which was developed or disseminated in whole or in part with a payment made to the State or a unit of local government by the Commission under this Act or any other Act, the State or unit of local government shall ensure that the communication includes, in a clear and conspicuous manner, the following statement: Paid for using Federal taxpayer funds pursuant to the Help America Vote Act. (b) Clear and conspicuous manner described A statement required under subsection (a) shall be considered to be in a clear and conspicuous manner if the statement meets the following requirements: (1) Text or graphic communications In the case of a text or graphic communication, the statement— (A) appears in letters at least as legible as the majority of the text in the communication; (B) is contained in a printed box set apart from the other contents of the communication; and (C) is printed with a reasonable degree of color contrast between the background and the printed statement. (2) Audio communications In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (3) Video communications In the case of a video communication, the statement— (A) is included at either the beginning or the end of the communication; and (B) is made in a written format that meets the requirements of subparagraphs (A) and (C) of paragraph (1) and appears for at least 4 seconds. (4) Other communications In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in paragraph (1), (2), or (3). (c) Public communication In this section, the term public communication means a communication relating to the administration of an election for Federal office by means of any broadcast, cable, or satellite communication, internet communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public advertising. 297B. Guidance on use of payments (a) Requiring establishment and publication on guidance The Commission shall establish and publish clear guidance on the permissible use of any payments made by the Commission to States and units of local government under this Act or any other Act. (b) Requirements for guidance The guidance established under this section shall meet the following requirements: (1) The guidance shall be consistent for all States and units of local government. (2) The guidance shall be available to the public. (3) If the Commission revises any previously established and published guidance under this section, the revision may not take effect until after the next regularly scheduled general election for Federal office, and the Commission shall provide and publish its reasons for the revision. (c) Application of guidance to audits If the Commission conducts any audit of the use of a payment to a State or unit of local government, it shall base the audit on the compliance of the State or unit of local government with the applicable guidance under this section and the applicable requirements of this Act. (d) Uniform terms for reports In cooperation and consultation with States, the Commission shall establish a set of uniform terms for States and units of local government to use for any reports submitted to the Commission on the use of payments made by the Commission under this Act or any other Act. 155. Executive Board of the Standards Board authority to enter into contracts Section 213(c) of the Help America Vote Act of 2002 ( 52 U.S.C. 20943(c) ) is amended by adding at the end the following new paragraph: (5) Authority to enter into contracts The Executive Board of the Standards Board may, using amounts already made available to the Commission, enter into contracts to employ and retain no more than 2 individuals to enable the Standards Board to discharge its duties with respect to the examination and release of voluntary considerations with respect to the administration of elections for Federal offices by the States under section 247, except that— (A) no more than 1 individual from the same political party may be employed under such contracts at the same time; (B) the authority to enter into such contracts shall end on the earlier of the date of the release of the considerations or December 31, 2025; and (C) no additional funds may be appropriated to the Commission for the purposes of carrying out this paragraph.. 156. Election Assistance Commission primary role in election administration assistance (a) In general Except as provided in any other provision of law, the Election Assistance Commission shall, with respect to any other entity of the Federal Government, have primary jurisdiction to address issues with respect to the administration of elections for Federal office. (b) Exclusive authority of Election Assistance Commission To develop voluntary guidelines with respect to voting systems and nonvoting technology No entity of the Federal Government other than the Election Assistance Commission may develop, adopt, issue, or oversee voluntary guidelines with respect to voting systems and any related nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002 (as added by section 129(b)) that are used in elections for Federal office. 157. Clarification of the duties of the Election Assistance Commission Section 202 of the Help America Vote Act of 2002 ( 52 U.S.C. 20922 ) is amended— (1) by striking The Commission shall serve and inserting the following: (a) In general The Commission shall serve ; (2) in paragraph (1), by striking including the maintenance of a clearinghouse of information on the experiences of State and local governments in implementing the guidelines and in operating voting systems in general and inserting including, in cooperation with and for the benefit of the States and their political subdivisions, the maintenance and operation of a Federal forum for the States and their political subdivisions to discuss with other States and their political subdivisions their experiences with election administration processes, equipment, operations, training, and scheduling, as well as any other useful information relating to State administration of elections for Federal office (as described in subsection (b)) ; (3) in paragraph (2), by inserting , including any related nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002 after hardware and software ; and (4) by adding at the end the following new subsections: (b) Federal forum for discussion of election administration experiences (1) Membership The membership of the Federal forum described in paragraph (1) of subsection (a) shall be comprised of the membership of the Standards Board and of the Local Leadership Council. (2) Maintenance of clearinghouse As part of such Federal forum, the Commission shall, on behalf of and for the benefit of the States and their political subdivisions, maintain and operation a national clearinghouse of relevant information developed by or provided to the Federal forum with respect to State administration of elections for Federal office. The Commission may also include other information related to election administration that it considers useful to State and local election administrators who administer elections for Federal office, except that the Commission may not endorse a private third party, the information provided or published by a private third party, or use such information in a way that suggests that the information was created or endorsed by the Commission. (c) Special rule with respect to prioritization of duties The Commission shall— (1) prioritize carrying out the duties described in paragraphs (1), (2), and (4) of subsection (a); (2) retain personnel qualified to assist the Commission in carrying out such duties; and (3) prioritize such duties in all budget requests.. 158. Election Assistance Commission powers Section 205 of the Help America Vote Act of 2002 ( 52 U.S.C. 20925 ) is amended by adding at the end the following new subsection: (f) Concurrent transmissions to Congress (1) Budget estimate or request Whenever the Commission submits any budget estimate or request to the President or the Director of the Office of Management and Budget, the Commission shall concurrently transmit a copy of such estimate or request to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. (2) Legislative recommendation, testimony, or comments Whenever the Commission submits any legislative recommendation, testimony, or comments on legislation requested by Congress or by any Member of Congress to the President or the Office of Management and Budget, it shall concurrently transmit a copy thereof to Congress or to the Member of Congress involved (as the case may be). No officer or agency of the United States shall have any authority to require the Commission to submit its legislative recommendations, testimony, or comments on legislation to any office or agency of the United States for approval, comments, or review prior to the submission of such recommendations, testimony, or comments to the Congress or Member of Congress under the previous sentence.. 159. Membership of the Local Leadership Council Subtitle C of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20981 et seq. ) is amended by adding at the end the following new section: 248. Membership of the Local Leadership Council In appointing members of the Local Leadership Council, the Commission shall ensure that members who represent the same State are not of the same political affiliation in their professional capacities and should reflect the goal of soliciting diverse opinions and ideas.. 248. Membership of the Local Leadership Council In appointing members of the Local Leadership Council, the Commission shall ensure that members who represent the same State are not of the same political affiliation in their professional capacities and should reflect the goal of soliciting diverse opinions and ideas. 160. Rule of construction Nothing in this subtitle or the amendments made by this subtitle shall be construed as providing the Election Assistance Commission with additional regulatory authority, other than the regulatory authority required to carry out the requirements and duties under this subtitle and the amendments made by this subtitle. 161. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda (a) Short title This section may be cited as the American Confidence in Elections: Keeping Foreign Money out of Ballot Measures Act. (b) In general Chapter 29 of title 18, United States Code, is amended by adding at the end the following new section: 612. Foreign nationals making certain political contributions (a) Prohibition It shall be unlawful for a foreign national, directly or indirectly, to make a contribution as such term is defined in section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) ) or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a State or local ballot initiative or referendum. (b) Penalty Any person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both. (c) Foreign national defined In this section, the term foreign national has the meaning given such term in section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ).. (c) Clerical amendment The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item: 612. Foreign nationals making certain political contributions.. (d) Effective Date The amendment made by this section shall apply with respect to contributions and donations made on or after the date of the enactment of this Act. 612. Foreign nationals making certain political contributions (a) Prohibition It shall be unlawful for a foreign national, directly or indirectly, to make a contribution as such term is defined in section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) ) or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a State or local ballot initiative or referendum. (b) Penalty Any person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both. (c) Foreign national defined In this section, the term foreign national has the meaning given such term in section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ). 162. Prohibiting providing assistance to foreign nationals in making contributions or donations in connection with elections (a) Prohibition Section 319(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a) ) is amended— (1) in paragraph (1)(C), by striking or at the end; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) a person to knowingly help or assist a foreign national in violating this subsection.. (b) Effective date The amendment made by this section shall apply with respect to contributions and donations made on or after the date of the enactment of this Act. 163. Prohibition on contributions by foreign nationals to certain tax-exempt entities (a) In general Section 319(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1) ), as amended by section 162(a), is amended— (1) in subparagraph (C), by adding or at the end; (2) by adding at the end the following new subparagraph: (D) a contribution or donation of money or other thing of value to an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code if the organization makes or expects to make a contribution to a political committee during the 4-year period which begins on the date that the foreign national made such contribution or donation to the organization; or. (b) Rule of construction regarding privacy of donor information Section 319 of such Act ( 52 U.S.C. 30121 ) is amended by adding at the end the following new subsection: (c) Rule of construction Nothing in paragraph (1)(D) of subsection (a) may be construed to permit the collection, submission, or disclosure of any information in violation of the Speech Privacy Act of 2023.. (c) Effective date The amendments made by this section shall apply with respect to contributions made on or after the date of the enactment of this Act. 171. Short title This subtitle may be cited as the Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act. 172. Establishment of panel of constitutional experts (a) Establishment There is established the Twentieth Amendment Section Four Panel (in this section referred to as the Panel ). (b) Membership (1) In general The Panel shall be composed of 6 constitutional experts, of whom— (A) 1 shall be appointed by the majority leader of the Senate; (B) 1 shall be appointed by the minority leader of the Senate; (C) 1 shall be appointed jointly by the majority and minority leader of the Senate; (D) 1 shall be appointed by the Speaker of the House of Representatives; (E) 1 shall be appointed by minority leader of the House of Representatives; and (F) 1 shall be appointed jointly by the Speaker of the House of Representatives and the minority leader of the House of Representatives. (2) Date The appointments of the members of the Panel shall be made not later than 180 days after the date of enactment of this Act. (3) Vacancy Any vacancy occurring in the membership of the Panel shall be filled in the same manner in which the original appointment was made. (4) Chairperson and Vice Chairperson The Panel shall select a Chairperson and Vice Chairperson from among the members of the Panel. (c) Purpose The purpose of the Panel shall be to recommend to Congress model legislation, which shall provide for an appropriate process, pursuant to section 4 of the Twentieth Amendment to the United States Constitution, to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election. (d) Reports (1) Initial report Not later than 1 year after the date on which all of the appointments have been made under subsection (b)(2), the Panel shall submit to Congress an interim report containing the Panel’s findings, conclusions, and recommendations. (2) Final report Not later than 6 months after the submission of the interim report under paragraph (1), the Panel shall submit to Congress a final report containing the Panel’s findings, conclusions, and recommendations. (e) Meetings; information (1) In general Meetings of the Panel shall be held at the Law Library of Congress. (2) Information The Panel may secure from the Law Library of Congress such information as the Panel considers necessary to carry out the provisions of this section. (f) Funds (1) Compensation of members Members of the Panel shall receive no compensation. (2) Other funding No amounts shall be appropriated for the purposes of this section, except for any amounts strictly necessary for the Law Library of Congress to execute its responsibilities under subsection (e). (g) Termination (1) In general The panel established under subsection (a) shall terminate 90 days after the date on which the panel submits the final report required under subsection (d)(2). (2) Records Upon termination of the panel, all of its records shall become the records of the Secretary of the Senate and the Clerk of the House of Representatives. 200. Short title This title may be cited as the American Confidence in Elections: Military Voting Rights Study Act of 2023. 201. Findings relating to military voting Congress finds the following: (1) Participation in the voting process by Americans who serve in the Armed Forces is vital to the future of the Republic; however, due to the realities of service around the globe and despite many best efforts, the Nation has not always lived up to its commitment to servicemembers that their vote be counted. (2) The Military and Overseas Empowerment (MOVE) Act made great progress in solving problems with voting that many servicemembers faced. Yet, for many, it is still difficult to exercise the franchise, with many ballots not reaching State elections officials until after the deadline, negating their voice. After 14 years, Congress must address the remaining issues. (3) Congress finds that it is a moral imperative of national importance that every eligible American servicemember has the opportunity to cast a ballot in each election and, not only that such ballot be received in time to be counted, but that it actually be counted according to law. 211. Government Accountability Office report on implementation of Uniformed and Overseas Citizens Absentee Voting Act and improving access to voter registration information and assistance for absent uniformed services voters (a) In general The Comptroller General of the United States shall conduct— (1) an analysis of the effectiveness of the Federal Government in carrying out its responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ) to promote access to voting for absent uniformed services voters; and (2) a study on means for improving access to voter registration information and assistance for members of the Armed Forces and their family members. (b) Elements (1) Analysis The analysis required by subsection (a)(1) shall include analysis of the following: (A) Data and information pertaining to the transmission of ballots to absent unformed services voters. (B) Data and information pertaining to the methods of transmission of voted ballots from absent uniformed services voters, including the efficacy and security of such methods. (C) Data and information pertaining to the treatment by election officials of voted ballots transmitted by absent uniformed services voters, including— (i) the rate at which such ballots are counted in elections; (ii) the rate at which such ballots are rejected in elections; and (iii) the reasons for such rejections. (D) An analysis of the effectiveness of the assistance provided to absent uniformed services voters by Voting Assistance Officers of the Federal Voting Assistance Program of the Department of Defense. (E) A review of the extent of coordination between Voting Assistance Officers and State and local election officials. (F) Information regarding such other issues relating to the ability of absent uniformed services voters to register to vote, vote, and have their ballots counted in elections for Federal office. (G) Data and information pertaining to— (i) the awareness of members of the Armed Forces and their family members of the requirement under section 1566a of title 10, United States Code, that the Secretaries of the military departments provide voter registration information and assistance; and (ii) whether members of the Armed Forces and their family members received such information and assistance at the times required by subsection (c) of that section. (2) Study The study required by subsection (a)(2) shall include the following: (A) An assessment of potential actions to be undertaken by the Secretary of each military department to increase access to voter registration information and assistance for members of the Armed Forces and their family members. (B) An estimate of the costs and requirements to fully meet the needs of members of the Armed Forces for access to voter registration information and assistance. (c) Methods In conducting the analysis and study required by subsection (a), the Comptroller General shall, in cooperation and consultation with the Secretaries of the military departments— (1) use existing information from available government and other public sources; and (2) acquire, through the Comptroller General’s own investigations, interviews, and analysis, such other information as the Comptroller General requires to conduct the analysis and study. (d) Report required Not later than September 30, 2025, the Comptroller General shall submit to the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives a report on the analysis and study required by subsection (a). (e) Definitions In this section: (1) Absent uniformed services voter The term absent uniformed services voter has the meaning given that term in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310 ). (2) Family member The term family member , with respect to a member of the Armed Forces, means a spouse and other dependent (as defined in section 1072 of title 10, United States Code) of the member. 300. Short title This title may be cited as the First Amendment Protection Act. 301. Findings Congress finds the following: (1) The structure of the Constitution and its amendments represents the radical idea that any sovereign power exercised by the Federal government flows either directly from the people or through the States they established to govern themselves. In the words of the Ninth and Tenth Amendments, [t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.. (2) Among the many freedoms it protects, the First Amendment prevents Congress from making any law abridging the freedom of speech, the right of the people peaceably to assemble, or the right of the people to petition the Government for the redress of grievances. (3) Any proposed Federal action concerning freedom of speech, protest, or petition must start with an analysis of the First Amendment. Congress must ask whether the proposed action would abridge these freedoms, and any uncertainty must be determined in favor of fewer restrictions on speech. (4) In particular, political speech, uttered in the furtherance of self-government, must raise an even higher bar to congressional abridgement. The mechanisms and media used to offer political speech must realize the same protections. (5) As the Supreme Court has recognized, the Constitution grants Congress only a very narrow interest in the regulation of political speech, the prevention of corruption or the appearance of corruption. Buckley v. Valeo, 424 U.S. 1, 25–26 (1976); Federal Election Commission v. National Conservative Political Action Commission, 470 U.S. 480, 497 (1985); Citizens United v. Federal Election Commission, 558 U.S. 310, 359 (2010); McCutcheon v. Federal Election Commission, 572 U.S. 185, 207 (2014); Cruz v. Federal Election Commission, 142 S.Ct. 1638, 1652 (2022). (6) In order to uphold and effectuate the Constitution, any Federal statute that goes beyond this interest must be repealed, and Congress must exercise its article 1 authorities to do so. 302. Repeal of limits on coordinated political party expenditures (a) Repeal of Limits Section 315(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (1)— (A) by striking may make expenditures and inserting may make expenditures, including coordinated expenditures, , and (B) by striking Federal office, subject to the limitations contained in paragraphs (2), (3), and (4) of this subsection and inserting Federal office in any amount ; and (2) by striking paragraphs (2), (3), (4), and (5). (b) Clarifying treatment of certain party communications as coordinated expenditures Section 315(d) of such Act ( 52 U.S.C. 30116(d) ), as amended by subsection (a), is amended by adding at the end the following new paragraph: (2) For purposes of this subsection, a communication shall be treated as a coordinated expenditure in connection with the campaign of a candidate only if the public communication is paid for by a committee of a political party or its agent, refers to a clearly identified House or Senate candidate, and is publicly distributed or otherwise publicly disseminated in the clearly identified candidate’s jurisdiction.. (c) Conforming amendment relating to Indexing Section 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (1) in paragraph (1)(B)(i), by striking (d), ; and (2) in paragraph (2)(B)(i), by striking subsections (b) and (d) and inserting subsection (b). (d) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 303. Repeal of limit on aggregate contributions by individuals (a) Findings Congress finds that the Supreme Court of the United States in McCutcheon v. FEC, 572 U.S. 185 (2014) determined the biennial aggregate limits under section 315(a)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(3) ) to be unconstitutional. (b) Repeal Section 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended by striking paragraph (3). (c) Conforming amendments Section 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended by striking (a)(3), each place it appears in paragraph (1)(B)(i), (1)(C), and (2)(B)(ii). 304. Equalization of contribution limits to State and national political party committees (a) In general Section 315(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(1) ) is amended— (1) in subparagraph (B), by striking a national political party and inserting a national or State political party ; (2) by adding or at the end of subparagraph (B); (3) in subparagraph (C), by striking ; or and inserting a period; and (4) by striking subparagraph (D). (b) Contributions by multicandidate political committees (1) In general Section 315(a)(2)(B) of such Act ( 52 U.S.C. 30116(a)(2)(B) ) is amended by striking a national political party and inserting a national or State political party. (2) Price index adjustment Section 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (A) in paragraph (1), by adding at the end the following new subparagraph: (D) In any calendar year after 2024— (i) a limitation established by subsection (a)(2) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (B) in paragraph (2)(B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new clause: (iii) for purposes of subsection (a)(2), calendar year 2024.. (c) Acceptance of additional amounts for certain accounts (1) Permitting acceptance of additional amounts in same manner as national parties Section 315(a) of such Act ( 52 U.S.C. 30116(a) ) is amended— (A) in paragraph (1)(B), by striking paragraph (9) and inserting paragraph (9) or paragraph (10) ; and (B) in paragraph (2)(B), by striking paragraph (9) and inserting paragraph (9) or paragraph (10). (2) Accounts Section 315(a)(9) of such Act ( 52 U.S.C. 30116(a)(9) ) is amended by striking national committee of a political party each place it appears in subparagraphs (A), (B), and (C) and inserting committee of a national or State political party. (3) State party convention accounts described Section 315(a) of such Act ( 52 U.S.C. 30116(a) ) is amended by adding at the end the following new paragraph: (10) An account described in this paragraph is a separate, segregated account of a political committee established and maintained by a State committee of a political party which is used solely to defray— (A) expenses incurred with respect to carrying out State party nominating activities or other party-building conventions; (B) expenses incurred with respect to providing for the attendance of delegates at a presidential nominating convention, but only to the extent that such expenses are not paid for from the account described in paragraph (9)(A); or (C) expenses incurred with respect to carrying out local, county, or district conventions or proceedings to elect delegates to a State party convention.. (d) Clarification of indexing of amounts To ensure equalization of party contribution limits For purposes of applying section 315(c) of such Act ( 52 U.S.C. 30116(c) ) to limits on the amount of contributions to political committees established and maintained by a State political party, the amendments made by this section shall be considered to have been included in section 307 of the Bipartisan Campaign Reform Act of 2002 ( Public Law 107–55 ; 116 Stat. 102). (e) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 305. Expansion of permissible Federal election activity by State and local political parties (a) Expansion of permissible use of funds not subject to contribution limits or source prohibitions by State and local political parties for Federal election activity Section 323(b)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30125(b)(2) ) is amended to read as follows: (2) Applicability Notwithstanding section 301(20), for purposes of paragraph (1), an amount that is expended or disbursed by a State, district, or local committee of a political party shall be considered to be expended or disbursed for Federal election activity only if the committee coordinated the expenditure or disbursement of the amount with a candidate for election for Federal office or an authorized committee of a candidate for election for Federal office.. (b) Conforming amendments (1) Fundraising costs Section 323(c) of such Act ( 52 U.S.C. 30125(c) ) is amended by adding at the end the following new sentence: In the case of a person described in subsection (b), the previous sentence applies only if the amount was spent by such person in coordination with a candidate for election for Federal office or an authorized committee of a candidate for election for Federal office, as determined pursuant to regulations promulgated by the Commission for the purpose of determining whether a political party communication is coordinated with a candidate, a candidate's authorized committee, or an agent thereof.. (2) Appearance of Federal candidates or officeholders at fundraising events Section 323(e)(3) of such Act ( 52 U.S.C. 30125(e)(3) ) is amended by striking subsection (b)(2)(C) and inserting subsection (b). 306. Participation in joint fundraising activities by multiple political committees (a) Findings Congress finds the following: (1) While Federal law permits the Federal Election Commission to engage in certain gap-filling activities as it administers the Federal Election Campaign Act of 1971, the regulations promulgated by the Federal Election Commission to govern joint fundraising activities of multiple political committees are not tied specifically to any particular provision of the Act, and while these regulations generally duplicate the provisions of the Act, they also impose additional and unnecessary burdens on political committees which seek to engage in joint fundraising activities, such as a requirement for written agreements between the participating committees. (2) It is therefore not necessary at this time to direct the Federal Election Commission to repeal the existing regulations which govern joint fundraising activities of multiple political committees, as some political committees may have reasons for following the provisions of such regulations which impose additional and unnecessary burdens on these activities. (b) Criteria for participation in joint fundraising activities Section 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ) is amended by adding at the end the following new subsection: (j) Criteria for participation in joint fundraising activities by multiple political committees (1) Criteria described Two or more political committees as defined in this Act may participate in joint fundraising activities in accordance with the following criteria: (A) The costs of the activities shall be allocated among and paid for by the participating committees on the basis of the allocation among the participating committees of the contributions received as a result of the activities. (B) Notwithstanding subparagraph (A), a participating committee may make a payment (in whole or in part) for the portion of the costs of the activities which is allocated to another participating committee, and the amount of any such payment shall be treated as a contribution made by the committee to the other participating committee. (C) The provisions of section 315(a)(8) regarding the treatment of contributions to a candidate which are earmarked or otherwise directed through an intermediary or conduit shall apply to contributions made by a person to a participating committee which are allocated by the committee to another participating committee. (2) Rule of construction Nothing in this subsection may be construed to prohibit two or more political committees from participating in joint fundraising activities by designating or establishing a separate, joint committee subject to the registration and reporting requirements of this Act or by publishing a joint fundraising notice.. 307. Findings Congress finds the following: (1) The First Amendment of the United States Constitution provides that [C]ongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. See U.S. Const. Amend. I. (2) The Supreme Court has held that the First Amendment’s protections apply with equal force to States and localities as it does to the Federal government. See Gitlow v. New York, 268 U.S. 652 (1925). (3) The Supreme Court has held that implicit in the right to engage in activities protected by the First Amendment [lies] a corresponding right to associate with others. Roberts v. United States Jaycees, 468 U.S. 609, 622 (1984). This is commonly understood as the right of association. It furthers a wide variety of political, social, economic, educational, religious, and cultural ends, and is especially important in preserving political and cultural diversity and in shielding dissident expression from suppression by the majority. Id. (4) In NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958), the Supreme Court held the First Amendment’s freedom of association protected the National Association for the Advancement of Colored People from compelled disclosure of its members. This was because on past occasions revelation of the identity of its rank-and-file members has exposed these members to economic reprisal, loss of employment, threat of physical coercion, and other manifestations of public hostility. Under these circumstances... it [is] apparent that compelled disclosure of petitioner's Alabama membership is likely to affect adversely the ability of petitioner and its members to pursue their collective effort to foster beliefs which they admittedly have the right to advocate, in that it may induce members to withdraw from the Association and dissuade others from joining it because of fear of exposure of their beliefs shown through their associations and of the consequences of this exposure. Id. at 462–463. (5) The First Amendment’s freedom of association has been protected and strengthened by the Supreme Court for over sixty years. See NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958); Shelton v. Tucker, 364 U.S. 479 (1960); Bates v. Little Rock, 361 U.S. 516 (1960); Healy v. James, 408 U.S. 169 (1972); Elrod v. Burns, 427 U.S. 347 (1976); Roberts v. United States Jaycees, 468 U.S. 609, 622 (1984); Boy Scouts of America v. Dale, 530 U.S. 640 (2000); Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). (6) Most recently, in Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021), a California law required Americans for Prosperity Foundation and the Thomas Moore Law Center to disclose the names, contribution amounts, and addresses of their major donors. Id. at 2380. The Supreme Court held this substantial intrusion into the group’s donors was unconstitutional. Id. at 2389. While Attorney General Bonta argued these disclosures were needed so California could prevent wrongdoing by charitable organizations, there was not a single, concrete instance in which pre-investigation collection of [this information] did anything to advance the Attorney General's investigative, regulatory or enforcement efforts. Id. at 2386. Similarly, California’s need for this information before initiating an investigation was highly questionable as it was only one of three states to impose this requirement and did not seriously enforce it until 2010. Id. at 2387. (7) In short, Americans for Prosperity Foundation and NAACP both stand for the proposition that compelled disclosure of an organization’s members can violate an organization’s freedom of association. This is because effective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association and there is a vital relationship between freedom to associate and privacy in one's associations... See Id. at 2382 citing NAACP v. Alabama ex rel. Patterson, 357 U.S. 449, 460–462. (8) Unfortunately, the First Amendment’s freedom of association protections are under constant attack. Recently, there have been efforts to enlarge the size of the Supreme Court because of disagreement with some of its rulings and personal disagreement with some of the justices. (9) On April 9, 2021, the President issued Executive Order 14023 that created the Presidential Commission on the Supreme Court (the Commission). Under section 3(iii) of that Executive Order, the Commission was tasked with providing [a]n analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals.. (10) In December 2021, the Commission released its final report. On the issue of adding justices to the Supreme Court, the Commission concluded [m]irroring the broader public debate, there is profound disagreement among Commissioners on this issue.. (11) Unfortunately, even though the President’s Commission would not endorse adding the number of justices on the Supreme Court, some in Congress still believe it is necessary. See, for example, H.R. 3422, the Judiciary Act of 2023 that would add four associate justices to the Supreme Court. (12) Because of this political uncertainty and the importance that donors in all organizations, no matter their party affiliation, are protected from having their membership disclosed and threats of reprisal that would follow, it is important that Congress statutorily codifies the Supreme Court’s holdings in NAACP v. Alabama ex rel. Patterson and Americans for Prosperity Foundation v. Bonta. (13) Government targeting of tax-exempt organizations because of disagreement with their political views is sadly not a hypothetical problem. From 2010 through 2013, the Internal Revenue Service (IRS) intentionally discriminated against conservative organizations seeking tax-exempt status with words like patriot or Tea Party in their names. (14) After years of litigation, in October 2017, the IRS signed a consent decree in Federal court and admitted to targeting conservative organizations from 2010 through 2013. The IRS confessed that its treatment of [conservative organizations] during the tax-exempt determinations process, including screening their applications based on their names or policy positions, subjecting those applications to heightened scrutiny and inordinate delays, and demanding of some Plaintiffs’ information that TIGTA [U.S. Treasury Inspector General, Tax Administration] determined was unnecessary to the agency’s determination of their tax-exempt status, was wrong.. (15) It is antithetical to the First Amendment that the IRS or any Federal government agency would ever be used to target an organization because of its political beliefs, or who its donors might be. As such, these organizations need to be protected to prevent events like what transpired at the IRS between 2010 and 2013. 308. Protecting privacy of donors to tax-exempt organizations (a) Short title This section may be cited as the Speech Privacy Act of 2023. (b) Restrictions on collection of donor information (1) Restrictions An entity of the Federal government may not collect or require the submission of information on the identification of any donor to a tax-exempt organization. (2) Exceptions Paragraph (1) does not apply to the following: (A) The Internal Revenue Service, acting lawfully pursuant to section 6033 of the Internal Revenue Code of 1986 or any successor provision. (B) The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ). (C) The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code. (D) An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to collect or require the submission of the information, but only to the extent permitted by the lawful order of such court or administrative body. (c) Restrictions on release of donor information (1) Restrictions An entity of the Federal government may not disclose to the public information revealing the identification of any donor to a tax-exempt organization. (2) Exceptions Paragraph (1) does not apply to the following: (A) The Internal Revenue Service, acting lawfully pursuant to section 6104 of the Internal Revenue Code of 1986 or any successor provision. (B) The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ). (C) The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code. (D) An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to disclose the information, but only to the extent permitted by the lawful order of such court or administrative body. (E) An entity which discloses the information as authorized by the organization. (d) Tax-Exempt organization defined In this section, a tax-exempt organization means an organization which is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. Nothing in this subsection may be construed to treat a political organization under section 527 of such Code as a tax-exempt organization for purposes of this section. (e) Penalties It shall be unlawful for any officer or employee of the United States, or any former officer or employee, willfully to disclose to any person, except as authorized in this section, any information revealing the identification of any donor to a tax-exempt organization. Any violation of this section shall be a felony punishable upon conviction by a fine in any amount not exceeding $250,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. 309. Reporting requirements for tax-exempt organizations (a) Short title This section may be cited as the Don't Weaponize the IRS Act. (b) Organizations exempt from reporting (1) Gross receipts threshold Clause (ii) of section 6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $50,000. (2) Organizations described Subparagraph (C) of section 6033(a)(3) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting a semicolon, and (C) by adding at the end the following new clauses: (vii) any other organization described in section 501(c) (other than a private foundation or a supporting organization described in section 509(a)(3)); and (viii) any organization (other than a private foundation or a supporting organization described in section 509(a)(3)) which is not described in section 170(c)(2)(A), or which is created or organized in a possession of the United States, which has no significant activity (including lobbying and political activity and the operation of a trade or business) other than investment activity in the United States.. (3) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (c) Clarification of application to section 527 organizations (1) In general Paragraph (1) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking This section and inserting Except as otherwise provided by this subsection, this section , and (B) by striking for the taxable year. and inserting for the taxable year in the same manner as to an organization exempt from taxation under section 501(a).. (2) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (d) Reporting of names and addresses of contributors (1) In general Paragraph (1) of section 6033(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Except as provided in subsections (b)(5) and (g)(2)(B), such annual return shall not be required to include the names and addresses of contributors to the organization.. (2) Application to section 527 organizations Paragraph (2) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of subparagraph (A), (B) by redesignating subparagraph (B) as subparagraph (C), and (C) by inserting after subparagraph (A) the following new subparagraph: (B) containing the names and addresses of all substantial contributors, and. (3) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. 310. Maintenance of standards for determining eligibility of section 501(c)(4) organizations (a) In general The Department of the Treasury, including the Internal Revenue Service, may not issue, revise, or finalize any regulation, revenue ruling, or other guidance not limited to a particular taxpayer relating to the standard which is used to determine whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 (including the proposed regulations published at 78 Fed. Reg. 71535 (November 29, 2013)). (b) Application of current standards and definitions The standard and definitions as in effect on January 1, 2010, which are used to make determinations described in subsection (b) shall apply after the date of the enactment of this Act for purposes of determining status under section 501(c)(4) of such Code of organizations created on, before, or after such date. 311. Prohibiting use of Federal funds for payments in support of congressional campaigns No Federal funds, including amounts attributable to the collection of fines and penalties, may be used to make any payment in support of a campaign for election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. 321. Electronic filing of electioneering communication reports Section 304(a)(11)(A)(i) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(a)(11)(A)(i) ) is amended by inserting or makes electioneering communications after expenditures. 322. Increased qualifying threshold and establishing purpose for political committees (a) In general Section 301(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(4) ) is amended to read as follows: (4) The term political committee means— (A) any committee, club, association, or other group of persons, including any local committee of a political party, which receives contributions aggregating in excess of $25,000 during a calendar year or which makes expenditures aggregating in excess of $25,000 during a calendar year and which is under the control of a candidate or has the major purpose of nominating or electing a candidate; or (B) any separate segregated fund established under the provisions of section 316(b).. (b) Definition Section 301 of such Act ( 52 U.S.C. 30101 ) is amended by adding at the end the following new paragraph: (27) Major purpose of nominating or electing a candidate The term major purpose of nominating or electing a candidate means, with respect to a group of persons described in paragraph (4)(A)— (A) a group whose central organizational purpose is to expressly advocate for the nomination, election, or defeat of a candidate; or (B) a group for which the majority of its spending throughout its lifetime of existence has been on contributions, expenditures, or independent expenditures.. (c) Price index adjustment for political committee threshold Section 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by section 304(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (E) In any calendar year after 2024— (i) a threshold established by sections 301(4)(A) or 301(4)(C) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (iv) for purposes of sections 301(4)(A) and 301(4)(C), calendar year 2024.. (d) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 323. Increased threshold with respect to independent expenditure reporting requirement (a) In general Section 304(c)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(1) ) is amended by striking $250 and inserting $1,000. (b) Price index adjustment for independent expenditure reporting threshold Section 315(c) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(c) ), as amended by sections 304(b) and 322(c), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (F) In any calendar year after 2024— (i) a threshold established by section 304(c)(1) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (iii), by striking and at the end; (B) in clause (iv), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (v) for purposes of section 304(c)(1), calendar year 2024.. (c) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 324. Increased qualifying threshold with respect to candidates (a) Increase in threshold Section 301(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(2) ) is amended by striking $5,000 each place it appears and inserting $10,000. (b) Price index adjustment for exemption of certain amounts as contributions Section 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by sections 304(b), 322(c), and 323(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (G) In any calendar year after 2024— (i) a threshold established by sections 301(2) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (iv), by striking and at the end; (B) in clause (v), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vi) for purposes of sections 301(2), calendar year 2024.. (c) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 325. Repeal requirement of persons making independent expenditures to report identification of certain donors (a) Repeal Section 304(c)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(2) ) is amended— (1) in subparagraph (A), by adding and at the end; (2) in subparagraph (B), by striking ; and and inserting a period; and (3) by striking subparagraph (C). (b) Conforming amendment Section 304(c)(1) of such Act ( 52 U.S.C. 30104(c)(1) ) is amended by striking the information required under subsection (b)(3)(A) for all contributions received by such person and inserting the information required under paragraph (2). (c) Effective date The amendments made by this section shall apply with respect to independent expenditures made on or after the date of the enactment of this Act. 331. Increased threshold for exemption of certain amounts as contributions (a) Real or personal property exemption Section 301(8)(B)(ii) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B)(ii) ) is amended— (1) by striking $1,000 and inserting $2,000 ; and (2) by striking $2,000 and inserting $4,000. (b) Travel expenses exemption Section 301(8)(B)(iv) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B)(iv) ) is amended— (1) by striking $1,000 and inserting $2,000 ; and (2) by striking $2,000 and inserting $4,000. (c) Price index adjustment for exemption of certain amounts as contributions Section 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by sections 304(b), 322(c), 323(b), and 324(b) is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (H) In any calendar year after 2024— (i) the exemption amounts established by section 301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (v), by striking and at the end; (B) in clause (vi), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vii) for purposes of sections 301(8)(B)(ii) or 301(8)(B)(iv), calendar year 2024.. (d) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 332. Exemption of uncompensated internet communications from treatment as contribution or expenditure (a) Exemptions (1) Exemption from treatment as contribution Section 301(8)(B) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B) ) is amended— (A) by striking and at the end of clause (xiii); (B) by striking the period at the end of clause (xiv) and inserting ; and ; and (C) by adding at the end the following new clause: (xv) any payment by any person in producing and disseminating any information or communication on the internet, internet platform or other internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled application, whether coordinated or not.. (2) Exemption from treatment as expenditure Section 301(9)(B) of such Act ( 52 U.S.C. 30101(9)(B) ) is amended— (A) by striking and at the end of clause (ix); (B) by striking the period at the end of clause (x) and inserting ; and ; and (C) by adding at the end the following new clause: (xi) any cost incurred by any person in producing and disseminating any information or communication on the internet, internet platform or other internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled application.. (b) Application to definition of public communications Section 301(22) of such Act ( 52 U.S.C. 30101(22) ) is amended by adding at the end the following: In the previous sentence, the terms public communication and general public political advertising do not include communications disseminated over the internet or via an internet platform or other internet-enabled application, unless the communication or advertising is disseminated for a fee on another person’s website, platform or other internet-enabled application.. (c) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 333. Media exemption (a) Expansion of exemption to additional forms of media Section 301(9)(B)(i) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(9)(B)(i) ) is amended to read as follows: (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor, unless such facilities are owned or controlled by any political party, political committee, or candidate;. (b) Application to contributions Section 301(8)(B) of such Act ( 52 U.S.C. 30101(8)(B) ), as amended by section 332(a)(1), is amended— (1) by redesignating clauses (i) through (xv) as clauses (ii) through (xvi); and (2) by inserting before clause (ii) (as so redesignated) the following new clause: (i) any payment for any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor.. (c) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 341. Prohibition on issuance of regulations on Political Contributions (a) Findings Congress finds the following: (1) From 2010 through 2013, the Internal Revenue Service targeted conservative organizations seeking tax-exempt status. The result of this targeting was obvious—to discourage conservative organizations and individuals associated with them from engaging in the 2012 presidential election after an incredibly successful 2010 midterm election. (2) In response to this treatment, a large number of conservative organizations sued the Internal Revenue Service. In 2017, a settlement was reached and the Internal Revenue Service was required to issue an apology for its actions. (3) Congress quickly recognized that the Internal Revenue Service was not the only government agency that could question or threaten the tax-exempt status of disfavored political groups. The Securities and Exchange Commission, an independent government agency, also enjoys some regulatory power in this area. (4) Beginning in 2015, Congress has included in every appropriations bill that has funded the Securities and Exchange Commission, an appropriations rider prohibiting the agency from using any of the funds made available to finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations. See Consolidated Appropriations Act, 2016, H.R. 2029, 114th Cong. § 1 (2015); Consolidated Appropriations Act, 2017, H.R. 244, 115th Cong. § 1 (2017); Consolidated Appropriations Act, 2018, H.R. 1625, 115th Cong. § 2 (2018); Consolidated Appropriations Act, 2019, H.J. Res. 31, 116th Cong. § 1 (2019); Consolidated Appropriations Act, 2020, H.R. 1158, 116th Cong. § 1 (2019); Consolidated Appropriations Act, 2021, H.R. 133, 116th Cong. § 2 (2020); Consolidated Appropriations Act 2022, H.R. 2471, 117th Cong. § 2 (2022); Consolidated Appropriations Act 2023, H.R. 2617, 117th Cong. § 2 (2022). (5) This prohibition is too important to be subject to yearly renewal. Instead, it must be enacted into permanent law so political organizations of both political parties can rest assured the Securities and Exchange Commission will not target them. (b) Prohibition The Securities and Exchange Commission may not finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations. 351. Permanent extension of fines for qualified disclosure requirement violations Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a)(4)(C)(v) ) is amended by striking , and that end on or before December 31, 2023. 352. Permitting political committees to make disbursements by methods other than check Section 302(h)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102(h)(1) ) is amended by striking except by check drawn on such accounts in accordance with this section and inserting except from such accounts. 353. Designation of individual authorized to make campaign committee disbursements in event of death of candidate (a) In General Section 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ), as amended by section 306(b), is amended by adding at the end the following new subsection: (k) (1) Each candidate may, with respect to each authorized committee of the candidate, designate an individual who shall be responsible for disbursing funds in the accounts of the committee in the event of the death of the candidate, and may also designate another individual to carry out the responsibilities of the designated individual under this subsection in the event of the death or incapacity of the designated individual or the unwillingness of the designated individual to carry out the responsibilities. (2) In order to designate an individual under this subsection, the candidate shall file with the Commission a signed written statement (in a standardized form developed by the Commission, and including any applicable supporting documentation, including a will or trust document) that contains the name and address of the individual and the name of the authorized committee for which the designation shall apply, and that may contain the candidate’s instructions regarding the lawful disbursement of the funds involved by the individual. At any time after filing the statement, the candidate may revoke the designation of an individual by filing with the Commission a signed written statement of revocation (in a standardized form developed by the Commission). (3) (A) Upon the death of a candidate who has designated an individual for purposes of paragraph (1), funds in the accounts of each authorized committee of the candidate may be disbursed only under the direction and in accordance with the instructions of such individual, subject to the terms and conditions applicable to the disbursement of such funds under this Act or any other applicable Federal or State law (other than any provision of State law which authorizes any person other than such individual to direct the disbursement of such funds). (B) Subparagraph (A) does not apply with respect to an authorized committee if, at the time of the candidate’s death, the authorized committee has a treasurer or a designated agent of the treasurer as described in section 302(a), unless the treasurer or designated agent is incapacitated or cannot be reached by the authorized committee. (C) Nothing in this paragraph may be construed to grant any authority to an individual who is designated pursuant to this subsection other than the authority to direct the disbursement of funds as provided in such paragraph, or may be construed to affect the responsibility of the treasurer of an authorized committee for which funds are disbursed in accordance with such paragraph to file reports of the disbursements of such funds under section 304(a).. (b) Inclusion of Designation in Statement of Organization of Committee Section 303(b) of such Act ( 52 U.S.C. 30103(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) in the case of an authorized committee of a candidate who has designated an individual under section 302(k) (including a second individual designated to carry out the responsibilities of that individual under such section in the event of that individual’s death or incapacity or unwillingness to carry out the responsibilities) to disburse funds from the accounts of the committee in the event of the death of the candidate, a copy of the statement filed by the candidate with the Commission under such section (as well as a copy of any subsequent statement of revocation filed by the candidate with the Commission under such section).. (c) Effective Date The amendments made by this section shall apply with respect to authorized campaign committees which are designated under section 302(e)(1) of the Federal Election Campaign Act of 1971 before, on, or after the date of the enactment of this Act. 354. Prohibiting aiding or abetting making of contributions in name of another Section 320 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30122 ) is amended by adding at the end the following new sentence: No person shall knowingly direct, help, or assist any person in making a contribution in the name of another person.. 355. Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission (a) Unanimous consent Section 307 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107 ) is amended by adding at the end the following new subsection: (f) (1) Except as provided in paragraph (2), the Commission shall defend each action brought against the Commission under this Act or chapter 95 and 96 of the Internal Revenue Code of 1986— (A) through the general counsel, as provided in subsection (a)(6); (B) by appointing counsel as provided in section 306(f)(4); or (C) by referral to the Attorney General in the case of a criminal action. (2) The Commission may refuse to defend an action brought against the Commission pursuant to the unanimous vote of its Members.. (b) Effective date The amendment made by subsection (a) shall apply with respect to actions brought on or after the date of the enactment of this Act. 356. Federal Election Commission member pay Section 306(a)(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(4) ) is amended— (1) by striking (4) Members and inserting (4)(A) Except as provided in subparagraph (B), members ; (2) by striking equivalent to the compensation paid at level IV of the Executive Schedule ( 5 U.S.C. 5315 ) and inserting at an annual rate of basic pay of $186,300, as adjusted under section 5318 of title 5, United States Code, in the same manner as the annual rate of pay for positions at each level of the Executive Schedule, which may not be varied or suspended by executive action ; and (3) by adding at the end the following: (B) A member who serves on the Commission after the expiration of the member’s term because the member’s successor has not taken office may not receive any increase in compensation under this subsection for any pay period occurring after the expiration of the 4-year period which begins on the date of the expiration of the member’s term. A member shall no longer be subject to the previous sentence if the member is appointed to a new term and takes office pursuant to that appointment. (C) A member shall be permitted to hold a position at an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) if— (i) the General Counsel of the Commission determines that such position does not create a conflict of interest with the member’s position as a sitting member of the Commission and grants the member approval to hold the position; and (ii) the annual rate of compensation received by the individual from such institution is not greater than the amount equal to 49.9% of the annual rate of basic pay paid to the member under this paragraph.. 357. Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971 (a) 5-Year limitation Section 406(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30145(a) ) is amended— (1) by striking (a) and inserting (a)(1) ; and (2) by adding at the end the following new paragraph: (2) No person shall be subject to a civil penalty for any violation of title III of this Act unless the proceeding is initiated in accordance with section 309 not later than 5 years after the date on which the violation occurred.. (b) Effective date The amendment made by subsection (a) shall apply with respect to violations occurring on or after the date of the enactment of this Act. 358. Theft from political committee as a Federal crime (a) Federal crime Chapter 29 of title 18, United States Code, as amended by section 161(b), is amended by adding at the end the following new section: 613. Theft from political committee (a) In general It shall be unlawful to remove, without appropriate authorization, any funds or any other item of value from an account maintained for the benefit of a candidate for Federal office or the candidate’s political committee (as such term is defined in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 )). (b) Penalty Any person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both.. (b) Clerical amendment The table of sections for chapter 28 of title 18, United States Code, is amended by adding at the end the following new item: 613. Theft from political committee.. 613. Theft from political committee (a) In general It shall be unlawful to remove, without appropriate authorization, any funds or any other item of value from an account maintained for the benefit of a candidate for Federal office or the candidate’s political committee (as such term is defined in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 )). (b) Penalty Any person who violates subsection (a) shall be fined not more than $250,000, imprisoned for not more than 5 years, or both. 359. Repeal of obsolete provisions of law (a) Provisions held unconstitutional (1) Membership of Secretary of Senate and Clerk of House on Federal Election Commission Section 306(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(1) ) is amended by striking the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and. (2) Choice of independent or coordinated expenditures by political parties Section 315(d) of such Act ( 52 U.S.C. 30116(d) ) is amended— (A) by striking paragraph (4) and redesignating paragraph (5) as paragraph (4); (B) in paragraph (4), as so redesignated, by striking paragraphs (2), (3), and (4) and inserting paragraphs (2) and (3) ; and (C) in paragraph (1), by striking paragraphs (2), (3), and (4) and inserting paragraphs (2) and (3). (3) Prohibiting contributions by minors The Federal Election Campaign Act of 1971 is amended by striking section 324 ( 52 U.S.C. 30126 ). (4) Increase in contribution limits for candidates in response to personal fund expenditures by opponents (A) House candidates The Federal Election Campaign Act of 1971 is amended by striking section 315A ( 52 U.S.C. 30117 ). (B) Senate candidates Section 315 of such Act ( 52 U.S.C. 30116 ) is amended— (i) by striking subsection (i); and (ii) by redesignating subsection (j) as subsection (i). (C) Conforming amendment relating to notification Section 304(a)(6) of such Act ( 52 U.S.C. 30104(a)(6) ) is amended— (i) by striking subparagraphs (B), (C), and (D); and (ii) by redesignating subparagraph (E) as subparagraph (D). (D) Conforming amendment relating to definitions Section 301(25) of such Act ( 52 U.S.C. 30101(25) ) is amended by striking For purposes of sections 315(i) and 315A and paragraph (26), the term and inserting The term. (E) Other conforming amendment Section 315(a)(1) of such Act ( 52 U.S.C. 30116(a)(1) ) is amended by striking Except as provided in subsection (i) and section 315A, no person and inserting No person. (5) Electioneering communications and independent expenditures by corporations and labor organizations Section 316 of such Act ( 52 U.S.C. 30117 ) is amended— (A) in subsection (b)(1), by striking or for any applicable electioneering communication ; and (B) by striking subsection (c). (6) Limitation on repayment of personal loans Section 315 of such Act ( 52 U.S.C. 30116 ) is amended by striking subsection (i), as redesignated by paragraph (4)(B)(ii). (b) Provisions relating to use of Presidential Election Campaign Fund for party nominating conventions Section 9008 of the Internal Revenue Code of 1986 is amended— (1) in subsection (b), by striking paragraph (3); and (2) by striking subsections (c), (d), (e), (f), (g), and (h). (c) Technical correction Sections 307 and 309 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107 and 30109) are each amended by striking subpena each place it appears and inserting subpoena. 360. Deadline for promulgation of proposed regulations Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall publish in the Federal Register proposed regulations to carry out this title and the amendments made by this title. 401. Short title This title may be cited as the Election Security Assistance Act. 402. Reports to Congress on foreign threats to elections (a) In general Not later than 30 days after the date of enactment of this Act, and 30 days after the end of each fiscal year thereafter, the Secretary of Homeland Security and the Director of National Intelligence, in coordination with the heads of the appropriate Federal entities, shall submit a joint report to the appropriate congressional committees and the chief State election official of each State on foreign threats to elections in the United States, including physical and cybersecurity threats. (b) Voluntary participation by States The Secretary shall solicit and consider voluntary comments from all State election agencies. Participation by an election agency in the report under this section shall be voluntary and at the discretion of the State. (c) Appropriate Federal entities In this section, the term appropriate Federal entities means— (1) the Department of Commerce, including the National Institute of Standards and Technology; (2) the Department of Defense; (3) the Department of Homeland Security, including the component of the Department that reports to the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department; (4) the Department of Justice, including the Federal Bureau of Investigation; (5) the Election Assistance Commission; and (6) the Office of the Director of National Intelligence, the National Security Agency, and such other elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) as the Director of National Intelligence determines are appropriate. (d) Other definitions In this section— (1) the term appropriate congressional committees means— (A) the Committee on Rules and Administration, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate; and (B) the Committee on House Administration, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives; (2) the term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act; (3) the term election agency means any component of a State or any component of a unit of local government of a State that is responsible for administering Federal elections; (4) the term Secretary means the Secretary of Homeland Security; and (5) the term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ). 403. Rule of construction Nothing in this title may be construed as authorizing the Secretary of Homeland Security to carry out the administration of an election for Federal office. 411. Cybersecurity advisories relating to election systems (a) Cybersecurity advisories (1) In general The Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security (in this subtitle referred to as the Director ) shall collaborate with the Election Assistance Commission (in this subtitle referred to as the Commission ) to determine if an advisory relating to the cybersecurity of election systems used in the administration of elections for Federal office or the cybersecurity of elections for Federal office generally is necessary. If such a determination is made in the affirmative, the Director shall collaborate with the Commission in the preparation of such an advisory. (2) Prohibition The Director may not issue an advisory described in paragraph (1) unless the Commission has provided input relating thereto. (b) Notification If the Director issues an advisory described in subsection (a), the Director, in collaboration with the Commission, shall provide to appropriate State election officials and vendors of covered voting systems notification relating thereto. 412. Process to test for and monitor cybersecurity vulnerabilities in election equipment (a) Process for covered voting systems (1) In general The Director and the Commission (in consultation with the Technical Guidelines Development Committee and the Standards Board of the Commission), shall jointly establish a voluntary process to test for and monitor covered voting systems for cybersecurity vulnerabilities. Such process shall include the following: (A) Mitigation strategies and other remedies. (B) Notice to the Commission and appropriate entities of the results of testing conducted pursuant to such process. (2) Implementation The Director shall implement the process established under paragraph (1) at the request of the Commission. (b) Labeling for voting systems The Commission (in consultation with the Technical Guidelines Development Committee and the Standards Board of the Commission), shall establish a process to provide for the deployment of appropriate labeling available through the website of the Commission to indicate that covered voting systems passed the most recent cybersecurity testing pursuant to the process established under subsection (a). (c) Rules of construction The process established under subsection (a), including the results of any testing carried out pursuant to this section, shall not affect— (1) the certification status of equipment used in the administration of an election for Federal office under the Help America Vote Act of 2002; or (2) the authority of the Commission to so certify such equipment under such Act. (d) Exclusive authority of Election Assistance Commission with respect to guidelines and certification of covered voting systems No entity of the Federal Government other than the Election Assistance Commission may issue guidelines with respect to the minimum standards for the testing, certification, decertification, and recertification of covered voting systems. (e) Definition In this section, the term covered voting systems means equipment used in the administration of an election for Federal office that is certified in accordance with versions of Voluntary Voting System Guidelines under the Help America Vote Act of 2002, and includes any related nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002, as added by section 129(b). 413. Duty of Secretary of Homeland Security to notify State and local officials of election cybersecurity incidents (a) Duty To share information with Department of Homeland Security If a Federal entity receives information about an election cybersecurity incident, the Federal entity shall promptly share that information with the Department of Homeland Security, unless the head of the entity (or a Senate-confirmed official designated by the head) makes a specific determination in writing that there is good cause to withhold the particular information. (b) Response To receipt of information by Secretary of Homeland Security (1) In general Upon receiving information about an election cybersecurity incident under subsection (a), the Secretary of Homeland Security, in consultation with the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall promptly (but in no case later than 96 hours after receiving the information) review the information and make a determination whether each of the following apply: (A) There is credible evidence that the incident occurred. (B) There is a basis to believe that the incident resulted, could have resulted, or could result in voter information systems or voter tabulation systems being altered or otherwise affected. (2) Duty to notify State and local officials (A) Duty described If the Secretary makes a determination under paragraph (1) that subparagraphs (A) and (B) of such paragraph apply with respect to an election cybersecurity incident, not later than 96 hours after making the determination, the Secretary shall provide a notification of the incident to each of the following: (i) The chief executive of the State involved. (ii) The State election official of the State involved. (iii) The local election official of the election agency involved. (B) Treatment of classified information (i) Efforts to avoid inclusion of classified information In preparing a notification provided under this paragraph to an individual described in clause (i), (ii), or (iii) of subparagraph (A), the Secretary shall attempt to avoid the inclusion of classified information. (ii) Providing guidance to State and local officials To the extent that a notification provided under this paragraph to an individual described in clause (i), (ii), or (iii) of subparagraph (A) includes classified information, the Secretary (in consultation with the Attorney General and the Director of National Intelligence) shall indicate in the notification which information is classified. (3) Exception (A) In general If the Secretary, in consultation with the Attorney General and the Director of National Intelligence, makes a determination that it is not possible to provide a notification under paragraph (1) with respect to an election cybersecurity incident without compromising intelligence methods or sources or interfering with an ongoing investigation, the Secretary shall not provide the notification under such paragraph. (B) Ongoing review Not later than 30 days after making a determination under subparagraph (A) and every 30 days thereafter, the Secretary shall review the determination. If, after reviewing the determination, the Secretary makes a revised determination that it is possible to provide a notification under paragraph (2) without compromising intelligence methods or sources or interfering with an ongoing investigation, the Secretary shall provide the notification under paragraph (2) not later than 96 hours after making such revised determination. (4) Coordination with Election Assistance Commission The Secretary shall make determinations and provide notifications under this subsection in the same manner, and subject to the same terms and conditions relating to the role of the Election Assistance Commission, in which the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security makes determinations as to the necessity of an advisory and the issuance of an advisory under section 411(a) and the provision of notification under section 411(b). (c) Definitions In this section, the following definitions apply: (1) Election agency The term election agency means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State. (2) Election cybersecurity incident The term election cybersecurity incident means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system of election infrastructure (including a vote tabulation system), or actually or imminently jeopardizes, without lawful authority, such an information system of election infrastructure. (3) Federal election The term Federal election means any election (as defined in section 301(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(1) )) for Federal office (as defined in section 301(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(3) )). (4) Federal entity The term Federal entity means any agency (as defined in section 551 of title 5, United States Code). (5) Local election official The term local election official means the chief election official of a component of a unit of local government of a State that is responsible for administering Federal elections. (6) Secretary The term Secretary means the Secretary of Homeland Security. (7) State The term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ), as amended by section 138. (8) State election official The term State election official means— (A) the chief State election official of a State designated under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ); or (B) in the case of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the United States Virgin Islands, a chief State election official designated by the State for purposes of this Act. (d) Effective date This section shall apply with respect to information about an election cybersecurity incident which is received on or after the date of the enactment of this Act. 501. Sense of Congress on authority to establish maps of congressional districts It is the sense of Congress that, while Congress is authorized under the Constitution of the United States to ensure that congressional redistricting is carried out in a manner consistent with the Constitution, only a State has the authority to establish maps of the congressional districts of the State and to determine the procedures and criteria used to establish such maps. 502. Authority for Speaker of the House to join certain civil actions relating to apportionment The Speaker of the House of Representatives or the Speaker's designee or designees may commence or join in a civil action, for and on behalf of the House of Representatives, under any applicable law, to prevent the use of any statistical method, in connection with the decennial census, to determine the population for purposes of the apportionment or redistricting of Members in Congress. It shall be the duty of the Office of the General Counsel of the House of Representatives to represent the House in such civil action, according to the directions of the Speaker. The Office of the General Counsel of the House of Representatives may employ the services of outside counsel and other experts for this purpose. 503. Census Monitoring Board (a) Short title This section may be cited as the Citizen Census Monitoring Board Permanent Authorization Act of 2023. (b) Findings Congress finds the following: (1) The 2020 decennial census of population was conducted amongst unique and difficult circumstances which have caused many of its results to be questioned as regards their accuracy and legality. (2) Privacy limitations prevent the decennial census from being a transparent process, therefore limiting the ability of the public and even Congress or the courts from effectively monitoring the entire census process. (3) Only an independent bipartisan Board with the same access to data and documentation as the Bureau of the Census itself can effectively monitor the decennial census process. (4) Therefore, in order to achieve these goals, the Congress finds that a bipartisan Census Monitoring Board should be established. (c) Establishment There shall be established a board to be known as the Census Monitoring Board (in this section referred to as the Board ). (d) Duties The function of the Board shall be to review all aspects of the preparation and implementation, data and results, and all post-enumeration activities and procedures, of the 2020 decennial census of population under section 141 of title 13, United States Code (including all dress rehearsals and other simulations of a census in preparation therefor), and observe and monitor all aspects of the preparation and implementation of the 2030 decennial census and each decennial census thereafter (including all dress rehearsals and other simulations of a census in preparation therefor). (e) Members (1) In general The Board shall be composed of 6 members, appointed as follows: (A) One individual appointed by the majority leader of the Senate. (B) Two individuals appointed by the Speaker of the House of Representatives. (C) One individual appointed by the minority leader of the Senate. (D) Two individuals appointed by the minority leader of the House of Representatives. (2) Appointment Each member of the Board shall be appointed within 60 days after the date of the enactment of this Act. A vacancy in the Board shall be filled in the manner in which the original appointment was made. Members of the Board’s terms shall expire when the Houses of Congress are reorganized, except that a member shall continue to serve as a member until their replacement is appointed. (3) Compensation Members shall not be entitled to any pay by reason of their service on the Board, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (4) Bipartisan The Board shall be bipartisan and each party’s appointees shall caucus separately and elect a co-chair from each caucus. (5) Meetings The Board shall meet at the call of either co-chair. (6) Quorum A quorum shall consist of four members of the Board. (7) Regulations The Board may promulgate any regulations necessary to carry out its duties. (f) Executive directors (1) In general Each caucus of the Board shall have an executive director who shall be appointed by the members of the two most numerous caucuses, each of whom shall be paid at a rate not to exceed level IV of the Executive Schedule under section 5315 of title 5, United States Code. (2) Staff and services (A) In general Subject to such rules as the Board may prescribe, each executive director— (i) may appoint and fix the pay of such additional personnel as that executive director considers appropriate; and (ii) may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of pay payable for grade GS–15 of the General Schedule. (B) Board rules Such rules shall include provisions to ensure an equitable division or sharing of resources, as appropriate, between the respective staff of the Board. (3) Board staff The staff of the Board shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (4) Facilities The Administrator of the General Services Administration, in coordination with the Secretary of Commerce, shall locate suitable office space for the operation of the Board in the headquarters of the Bureau of the Census in Suitland, Maryland. The facilities shall serve as the headquarters of the Board and shall include all necessary equipment and incidentals required for the proper functioning of the Board. (g) Other authorities (1) Hearings For the purpose of carrying out its duties, the Board may hold such hearings (at the call of either co-chair) and undertake such other activities as the Board determines to be necessary to carry out its duties. (2) Access to information (A) In general Each co-chair of the Board and any Board staff who may be designated by the Board under this subparagraph shall be granted access to any data, files, information, or other matters maintained by the Bureau of the Census (or received by it in the course of conducting a decennial census of population) which they may request, subject to such regulations as the Board may prescribe in consultation with the Secretary of Commerce. No information may be withheld pursuant to title 13, United States Code, and all members of the Board and Board staff shall be sworn to protect the confidentiality and privilege of all data and information protected by such title. (B) Agency information The Board or the co-chairs acting jointly may secure directly from any other Federal agency, including the White House, all information that the Board considers necessary to enable the Board to carry out its duties. Upon request of the Board or both co-chairs, the head of that agency (or other person duly designated for purposes of this paragraph) shall furnish that information to the Board. (3) Regulations The Board shall prescribe regulations under which any member of the Board or of its staff, and any person whose services are procured under subsection (e)(2)(A)(ii), who gains access to any information or other matter pursuant to this subsection shall, to the extent that any provisions of section 9 or section 214 of title 13, United States Code, would apply with respect to such matter in the case of an employee of the Department of Commerce, be subject to such provisions. (4) Detail authority Upon the request of the Board, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Board to assist the Board in carrying out its duties. Any such detail of a Federal employee under this paragraph shall not interrupt or otherwise affect the civil service status or privileges of the employee. (5) Technical assistance Upon the request of the Board, the head of a Federal agency shall provide such technical assistance to the Board as the Board determines to be necessary to carry out its duties. (6) Use of mails The Board may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (7) Support services Upon request of the Board, the Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request. (8) Printing costs For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Publishing Office, the Board shall be deemed to be a committee of the Congress. (h) Reports (1) 2020 census The Board shall transmit to the Congress— (A) interim reports, with the first such report due by April 1, 2024; (B) additional reports, the first of which shall be due by February 1, 2025, the second of which shall be due by April 1, 2025, and subsequent reports at least semiannually thereafter; (C) a final report on the 2020 Census shall be due by September 1, 2025; and (D) any other reports which the Board or either co-chair considers appropriate. (2) Subsequent censuses With respect to the 2030 decennial census of population and each decennial census thereafter, the Board shall transmit to Congress— (A) an interim report due not later than September 1 of the second year following the year in which a decennial census occurs; (B) a final report not later than September 1 of the third year following the year in which a decennial census occurs; and (C) any other reports which the Board or either co-chair considers appropriate. (3) Final report contents A final report under paragraph (1)(C) or (2)(B) shall contain a detailed statement of the findings and conclusions of the Board with respect to the matters described in subsection (c). (4) Report contents In addition to any matter otherwise required under this subsection, each such report shall address, with respect to the period covered by such report— (A) the degree to which efforts of the Bureau of the Census to prepare to conduct the decennial census— (i) shall achieve maximum possible accuracy at every level of geography; (ii) shall be taken by means of an enumeration process designed to count every individual possible; (iii) shall be free from political bias and arbitrary decisions; and (iv) comply with all legal and constitutional requirements; and (B) efforts by the Bureau of the Census intended to contribute to enumeration improvement, specifically in connection with— (i) computer modernization and the appropriate use of automation; (ii) address list development; (iii) outreach and promotion efforts at all levels designed to maximize response rates, especially among groups that have historically been undercounted (including measures undertaken in conjunction with local government and community and other groups); (iv) establishment and operation of field offices; and (v) efforts relating to the recruitment, hiring, and training of enumerators. (5) Availability of data and information Any data or other information obtained by the Board under this section shall be made available to any committee or subcommittee of Congress of appropriate jurisdiction upon request of the chair or ranking minority member of such committee or subcommittee. No such committee or subcommittee, or member thereof, shall disclose any information obtained under this paragraph which is submitted to it on a confidential basis unless the full committee determines that the withholding of that information is contrary to the national interest. (6) Use of contractors The Board shall study and submit to Congress, as part of its first report under paragraph (1)(A), its findings and recommendations as to the feasibility and desirability of using postal personnel or private contractors to help carry out the decennial census. (i) Accuracy of census To the extent practicable, members of the Board shall work to promote the most accurate and complete decennial census possible by using their positions to publicize the need for full and timely responses to decennial census questionnaires. (j) Limitation on Board members and staff (1) In general No individual described in paragraph (2) may— (A) be appointed or serve as a member of the Board or as a member of the staff of the Board; or (B) enter into any contract with the Board. (2) Individuals covered An individual described in this paragraph is any individual who is serving or who has ever served— (A) as the Director of the Census; or (B) with any committee or subcommittee of either House of Congress having jurisdiction over any aspect of the decennial census as— (i) a Member of Congress; or (ii) a congressional employee. (k) Exception for use of information Section 9(a) of title 13, United States Code, is amended in the matter before paragraph (1)— (1) by striking or section 210 and inserting , section 210 ; (2) by striking 1998 or and inserting 1998, ; and (3) by striking 1997 and inserting , or section 502 of the ACE Act. (l) Authorization of appropriations There is authorized to be appropriated $7,500,000 for fiscal year 2024 and each fiscal year thereafter to carry out this section. 601. Termination of the Disinformation Governance Board The Disinformation Governance Board of the Department of Homeland Security is hereby terminated. 602. Prohibition on funding similar board or similar activities No Federal funds authorized to be appropriated or otherwise made available may be used to establish any other entity that is substantially similar to the Disinformation Governance Board terminated by section 601 or to carry out activities that are substantially similar to the Disinformation Governance Board terminated by section 601. 701. Severability If any provision of this Act or any amendment made by this Act, or the application of any such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of such provision or amendment to any other person or circumstance, shall not be affected by the holding.
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[ "Committee on House Administration", "Homeland Security Committee", "Rules Committee", "Oversight and Accountability Committee", "Financial Services Committee", "Education and the Workforce Committee", "Intelligence (Permanent Select) Committee", "Science, Space, and Technology Committee", "Ways and Means Committee", "Judiciary Committee" ]
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To assess the capacity of the United States to effectively marshal disparate elements of national power to counter adversary political warfare campaigns, and for other purposes.
[ { "text": "1. Short title \n(a) Short title \nThis Act may be cited as the Gray Zone Defense Assessment Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Statement of policy. Sec. 5. Evaluation of national capacities for conducting gray zone operations. Sec. 6. Report on Department of State capacity to respond to gray zone aggression. Sec. 7. Expansion of intelligence community assessment regarding gray zone assets.", "id": "HE28D976377F545C0A48ADD493167B14C", "header": "Short title", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Gray Zone Defense Assessment Act.", "id": "HD06142D6FF024BAC97547ED645897D73", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Statement of policy. Sec. 5. Evaluation of national capacities for conducting gray zone operations. Sec. 6. Report on Department of State capacity to respond to gray zone aggression. Sec. 7. Expansion of intelligence community assessment regarding gray zone assets.", "id": "HD50DC30FF2234383A6B638486CF29D6E", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) In 1948, George F. Kennan observed that, In broadest definition, political warfare is the employment of all the means at a nation’s command, short of war, to achieve its national objectives.. (2) Today, this coercive activity is referred to by many names within the United States Government and the academic community, most notably gray zone operations. (3) Although increasingly employed as a means of political warfare, the full contours of gray zone operations remain ambiguous. However, central features of gray zone operations include that they are ultimately directed by state actors, consist of efforts not associated with routine statecraft, and are intended to advance a country’s objectives at the expense of a rival, without crossing a threshold that results in kinetic military conflict. They include such operations and tactics as the following: (A) Information warfare, including conducting disinformation campaigns or the spreading of propaganda. (B) Encouraging internal strife within target countries. (C) Subversive economic practices, such as economic coercion, systematic IP theft, blocking international shipping lanes, and overproduction of commercial commodities. (D) Cyber operations, below the threshold of conflict, aimed at coercion, espionage, or otherwise undermining a target. (E) Support of domestic or foreign proxy forces. (F) Coercive investment and bribery for political aims. (G) Industrial policy designed to monopolize a strategic industry or to destroy such an industry in other nations, especially when coordinated with other gray zone operations. (H) Military, paramilitary, or similar provocations and operations short of war. (I) Hostage diplomacy. (J) Gradual changes of internationally recognized borders. (K) Government financing or sponsorship of activities described in subparagraphs (A) through (J). (4) Various gray zone operations are frequently linked together into a coordinated campaign, that may also include tools of routine diplomacy, and that is designed to achieve a state’s political or military objective. (5) Gray zone campaigns are attractive to state actors for several reasons, including reduced costs compared to the deployment of conventional forces, thereby allowing states to pursue their objectives with limited resources. (6) The People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and other countries actively advance their own strategic objectives and challenge United States interests through the extensive use of gray zone operations. (7) Unwelcome escalation by adversarial powers—especially over the last decade—from routine statecraft into gray zone competition is a defining feature of the recent reemergence of great-power competition and requires an appropriate United States response. (8) The United States has not sufficiently deterred or responded to gray zone campaigns, thereby risking undermining United States national interests, diminishing United States influence and credibility, and encouraging rivals to further employ such tactics. (9) Successfully responding to adversary gray zone campaigns relies upon the full integration of instruments of national power across multiple domains and the ability to deploy such capacities in a coordinated, real-time campaign.", "id": "H51C102726B8B4904AD52A7D395B1F318", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Sense of Congress \nIt is the sense of Congress that— (1) gray zone competition is a central and enduring aspect of great-power competition, and the United States should elevate the effective response to adversary gray zone campaigns as a central feature of its approach to great-power competition; (2) an effective, whole-of-government approach is essential to meeting the gray zone challenges posed by competitors of the United States; and (3) since gray zone activity takes place below the threshold of kinetic military conflict and since narrative formation is frequently a critical aspect of gray zone campaigns, the Department of State should take a preeminent role in coordinating, within applicable interagency processes, the disparate means of national power as the United States seeks to respond to adversary gray zone campaigns.", "id": "HE61F11B76FFD4DFCBC7066950134DE0D", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "4. Statement of policy \nIt is the policy of the United States to— (1) seek effective responses, particularly at the Department of State, to adversary gray zone campaigns and to recognize the paramount importance of such responses to the national interests of the United States; (2) continue upholding the international rule of law and the rules-based international order, which is a core national security interest of the United States; and (3) call on United States allies and partners to employ sufficient national resources to equitably contribute to the response to gray zone challenges.", "id": "H6A0378E6BD2749EF8278619FB4DD159F", "header": "Statement of policy", "nested": [], "links": [] }, { "text": "5. Evaluation of national capacities for conducting gray zone operations \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, the President shall conduct a review and submit to the appropriate congressional committees a report on the processes and capabilities by which the United States responds to gray zone campaigns and recommendations to enhance such processes and capabilities. (b) Elements \nThe report required by subsection (a) shall include— (1) an assessment of the capability and capacity of the United States interagency to— (A) identify adversary activity as a gray zone campaign, including the adversary’s intent, capabilities, interactive effects, and impact on United States interests; (B) devise effective theories of deterrence; and (C) coordinate instruments of United States national power to consistently and effectively respond to adversarial gray zone campaigns against the United States or allies and partners; (2) a description of the process for determining the threshold at which adversary gray zone activities or campaigns targeting the United States, allies, or partners threaten United States interests, including the methods and mechanisms for— (A) determining which such activities or campaigns warrant a United States response; (B) calibrating such response; (C) communicating such thresholds to adversaries; and (D) establishing and regularly reviewing protocols with allies and partners to respond to such activities or campaigns; and (3) recommendations for further enhancing the ability of the United States to deter and respond to adversarial gray zone campaigns, including— (A) institutional reforms to enhance United States interagency coordination in response to adversarial gray zone campaigns and, as necessary, additional statutory authorities required to implement those reforms; (B) additional resources, authorities, or institutional capacities necessary for United States agencies to counter gray zone threats; and (C) budget estimates for the implementations of the recommendations made pursuant to this paragraph. (c) Form \nThe report required by subsection (a) shall be submitted in a classified form and shall contain an unclassified summary. (d) 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, the Committee on Armed Services, the Committee on Financial Services, the Committee on Energy and Commerce, and the Committee on Homeland Security of the House of Representatives; and (2) the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Homeland Security and Governmental Affairs of the Senate.", "id": "H38003B0F518941E3A8890866C602FA18", "header": "Evaluation of national capacities for conducting gray zone operations", "nested": [ { "text": "(a) Report \nNot later than 180 days after the date of the enactment of this Act, the President shall conduct a review and submit to the appropriate congressional committees a report on the processes and capabilities by which the United States responds to gray zone campaigns and recommendations to enhance such processes and capabilities.", "id": "H4399DB67FBE64EFA8583FCC57D15CBF0", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include— (1) an assessment of the capability and capacity of the United States interagency to— (A) identify adversary activity as a gray zone campaign, including the adversary’s intent, capabilities, interactive effects, and impact on United States interests; (B) devise effective theories of deterrence; and (C) coordinate instruments of United States national power to consistently and effectively respond to adversarial gray zone campaigns against the United States or allies and partners; (2) a description of the process for determining the threshold at which adversary gray zone activities or campaigns targeting the United States, allies, or partners threaten United States interests, including the methods and mechanisms for— (A) determining which such activities or campaigns warrant a United States response; (B) calibrating such response; (C) communicating such thresholds to adversaries; and (D) establishing and regularly reviewing protocols with allies and partners to respond to such activities or campaigns; and (3) recommendations for further enhancing the ability of the United States to deter and respond to adversarial gray zone campaigns, including— (A) institutional reforms to enhance United States interagency coordination in response to adversarial gray zone campaigns and, as necessary, additional statutory authorities required to implement those reforms; (B) additional resources, authorities, or institutional capacities necessary for United States agencies to counter gray zone threats; and (C) budget estimates for the implementations of the recommendations made pursuant to this paragraph.", "id": "HEE2AF1C0935D4226AA765739C7D24BA5", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Form \nThe report required by subsection (a) shall be submitted in a classified form and shall contain an unclassified summary.", "id": "HF50EEC8F1914492EBA232DD99E30A6F8", "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, the Permanent Select Committee on Intelligence, the Committee on Armed Services, the Committee on Financial Services, the Committee on Energy and Commerce, and the Committee on Homeland Security of the House of Representatives; and (2) the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Homeland Security and Governmental Affairs of the Senate.", "id": "H27E720F932014569BB4688ED72BFB51A", "header": "Appropriate Congressional Committees Defined", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Report on Department of State capacity to respond to gray zone aggression \n(a) Report required \nNot later than 180 days after the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report discussing the capacity of the Department of State to contribute to coordinated United States responses to adversary gray zone campaigns and the Department’s understanding of the gray zone threat environment. (b) Elements \nThe report required by subsection (a) shall also include the following: (1) The capabilities, offices, and entities particularly suited to countering adversary gray zone operations and a description of the roles each can play. (2) An evaluation of the adequacy and utility of established Department of State definitions for understanding adversary gray zone activity. (3) Recommendations, including proposed necessary investments and the rationale and expected costs of such investments, for further enhancing the capacity of the Department of State to effectively respond to adversary gray zone operations. (4) An identification of 25 priority countries at the front lines of adversary gray zone aggression and a discussion, developed in consultation with relevant embassy country teams, of the matters described in paragraphs (1) through (3) with respect to each such country. (5) A list of activities that are currently being undertaken to respond to adversary gray zone campaigns conducted against such priority countries. (c) Form \nThe report required by subsection (a) shall be submitted in a classified form and shall contain an unclassified summary.", "id": "H791EDAC26C96467096D8BE14067699F1", "header": "Report on Department of State capacity to respond to gray zone aggression", "nested": [ { "text": "(a) Report required \nNot later than 180 days after the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report discussing the capacity of the Department of State to contribute to coordinated United States responses to adversary gray zone campaigns and the Department’s understanding of the gray zone threat environment.", "id": "H2121C8EAB9C94462B919B9626DE26C7C", "header": "Report required", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall also include the following: (1) The capabilities, offices, and entities particularly suited to countering adversary gray zone operations and a description of the roles each can play. (2) An evaluation of the adequacy and utility of established Department of State definitions for understanding adversary gray zone activity. (3) Recommendations, including proposed necessary investments and the rationale and expected costs of such investments, for further enhancing the capacity of the Department of State to effectively respond to adversary gray zone operations. (4) An identification of 25 priority countries at the front lines of adversary gray zone aggression and a discussion, developed in consultation with relevant embassy country teams, of the matters described in paragraphs (1) through (3) with respect to each such country. (5) A list of activities that are currently being undertaken to respond to adversary gray zone campaigns conducted against such priority countries.", "id": "HE47C9ECEC3724487B52DBCD5CFC5821B", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Form \nThe report required by subsection (a) shall be submitted in a classified form and shall contain an unclassified summary.", "id": "HF2594D125CF24F8B94E95D1E1D35C6A6", "header": "Form", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Expansion of intelligence community assessment regarding gray zone assets \nSection 6516 of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263 ; 136 Stat. 3548) is amended— (1) in the heading, by striking Russian ; (2) in subsection (a), by adding at the end the following new paragraph: (4) Country of concern \nThe term country of concern means— (A) the People’s Republic of China; (B) the Russian Federation; (C) the Islamic Republic of Iran; (D) the Democratic People’s Republic of Korea; (E) the Republic of Cuba; and (F) the Syrian Arab Republic. ; and (3) in subsection (b)— (A) in the heading— (i) by inserting Annual before Intelligence ; and (ii) by striking Russian ; (B) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by inserting annually before produce ; and (II) by inserting with respect to each country of concern after intelligence community assessment ; and (ii) by striking Russia each place the term appears and inserting the country of concern ; (C) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking Russia and inserting a country of concern ; and (ii) in subparagraphs (B), (C), and (D), by striking Russia each place it appears and inserting the country of concern ; and (D) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking Russia and inserting each country of concern ; and (ii) in subparagraph (B), by striking Russia and inserting the country of concern.", "id": "H00244B4FE3EC46F7A61794D290F6558F", "header": "Expansion of intelligence community assessment regarding gray zone assets", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] } ]
7
1. Short title (a) Short title This Act may be cited as the Gray Zone Defense Assessment Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Statement of policy. Sec. 5. Evaluation of national capacities for conducting gray zone operations. Sec. 6. Report on Department of State capacity to respond to gray zone aggression. Sec. 7. Expansion of intelligence community assessment regarding gray zone assets. 2. Findings Congress finds the following: (1) In 1948, George F. Kennan observed that, In broadest definition, political warfare is the employment of all the means at a nation’s command, short of war, to achieve its national objectives.. (2) Today, this coercive activity is referred to by many names within the United States Government and the academic community, most notably gray zone operations. (3) Although increasingly employed as a means of political warfare, the full contours of gray zone operations remain ambiguous. However, central features of gray zone operations include that they are ultimately directed by state actors, consist of efforts not associated with routine statecraft, and are intended to advance a country’s objectives at the expense of a rival, without crossing a threshold that results in kinetic military conflict. They include such operations and tactics as the following: (A) Information warfare, including conducting disinformation campaigns or the spreading of propaganda. (B) Encouraging internal strife within target countries. (C) Subversive economic practices, such as economic coercion, systematic IP theft, blocking international shipping lanes, and overproduction of commercial commodities. (D) Cyber operations, below the threshold of conflict, aimed at coercion, espionage, or otherwise undermining a target. (E) Support of domestic or foreign proxy forces. (F) Coercive investment and bribery for political aims. (G) Industrial policy designed to monopolize a strategic industry or to destroy such an industry in other nations, especially when coordinated with other gray zone operations. (H) Military, paramilitary, or similar provocations and operations short of war. (I) Hostage diplomacy. (J) Gradual changes of internationally recognized borders. (K) Government financing or sponsorship of activities described in subparagraphs (A) through (J). (4) Various gray zone operations are frequently linked together into a coordinated campaign, that may also include tools of routine diplomacy, and that is designed to achieve a state’s political or military objective. (5) Gray zone campaigns are attractive to state actors for several reasons, including reduced costs compared to the deployment of conventional forces, thereby allowing states to pursue their objectives with limited resources. (6) The People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and other countries actively advance their own strategic objectives and challenge United States interests through the extensive use of gray zone operations. (7) Unwelcome escalation by adversarial powers—especially over the last decade—from routine statecraft into gray zone competition is a defining feature of the recent reemergence of great-power competition and requires an appropriate United States response. (8) The United States has not sufficiently deterred or responded to gray zone campaigns, thereby risking undermining United States national interests, diminishing United States influence and credibility, and encouraging rivals to further employ such tactics. (9) Successfully responding to adversary gray zone campaigns relies upon the full integration of instruments of national power across multiple domains and the ability to deploy such capacities in a coordinated, real-time campaign. 3. Sense of Congress It is the sense of Congress that— (1) gray zone competition is a central and enduring aspect of great-power competition, and the United States should elevate the effective response to adversary gray zone campaigns as a central feature of its approach to great-power competition; (2) an effective, whole-of-government approach is essential to meeting the gray zone challenges posed by competitors of the United States; and (3) since gray zone activity takes place below the threshold of kinetic military conflict and since narrative formation is frequently a critical aspect of gray zone campaigns, the Department of State should take a preeminent role in coordinating, within applicable interagency processes, the disparate means of national power as the United States seeks to respond to adversary gray zone campaigns. 4. Statement of policy It is the policy of the United States to— (1) seek effective responses, particularly at the Department of State, to adversary gray zone campaigns and to recognize the paramount importance of such responses to the national interests of the United States; (2) continue upholding the international rule of law and the rules-based international order, which is a core national security interest of the United States; and (3) call on United States allies and partners to employ sufficient national resources to equitably contribute to the response to gray zone challenges. 5. Evaluation of national capacities for conducting gray zone operations (a) Report Not later than 180 days after the date of the enactment of this Act, the President shall conduct a review and submit to the appropriate congressional committees a report on the processes and capabilities by which the United States responds to gray zone campaigns and recommendations to enhance such processes and capabilities. (b) Elements The report required by subsection (a) shall include— (1) an assessment of the capability and capacity of the United States interagency to— (A) identify adversary activity as a gray zone campaign, including the adversary’s intent, capabilities, interactive effects, and impact on United States interests; (B) devise effective theories of deterrence; and (C) coordinate instruments of United States national power to consistently and effectively respond to adversarial gray zone campaigns against the United States or allies and partners; (2) a description of the process for determining the threshold at which adversary gray zone activities or campaigns targeting the United States, allies, or partners threaten United States interests, including the methods and mechanisms for— (A) determining which such activities or campaigns warrant a United States response; (B) calibrating such response; (C) communicating such thresholds to adversaries; and (D) establishing and regularly reviewing protocols with allies and partners to respond to such activities or campaigns; and (3) recommendations for further enhancing the ability of the United States to deter and respond to adversarial gray zone campaigns, including— (A) institutional reforms to enhance United States interagency coordination in response to adversarial gray zone campaigns and, as necessary, additional statutory authorities required to implement those reforms; (B) additional resources, authorities, or institutional capacities necessary for United States agencies to counter gray zone threats; and (C) budget estimates for the implementations of the recommendations made pursuant to this paragraph. (c) Form The report required by subsection (a) shall be submitted in a classified form and shall contain an unclassified summary. (d) 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, the Committee on Armed Services, the Committee on Financial Services, the Committee on Energy and Commerce, and the Committee on Homeland Security of the House of Representatives; and (2) the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Homeland Security and Governmental Affairs of the Senate. 6. Report on Department of State capacity to respond to gray zone aggression (a) Report required Not later than 180 days after the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report discussing the capacity of the Department of State to contribute to coordinated United States responses to adversary gray zone campaigns and the Department’s understanding of the gray zone threat environment. (b) Elements The report required by subsection (a) shall also include the following: (1) The capabilities, offices, and entities particularly suited to countering adversary gray zone operations and a description of the roles each can play. (2) An evaluation of the adequacy and utility of established Department of State definitions for understanding adversary gray zone activity. (3) Recommendations, including proposed necessary investments and the rationale and expected costs of such investments, for further enhancing the capacity of the Department of State to effectively respond to adversary gray zone operations. (4) An identification of 25 priority countries at the front lines of adversary gray zone aggression and a discussion, developed in consultation with relevant embassy country teams, of the matters described in paragraphs (1) through (3) with respect to each such country. (5) A list of activities that are currently being undertaken to respond to adversary gray zone campaigns conducted against such priority countries. (c) Form The report required by subsection (a) shall be submitted in a classified form and shall contain an unclassified summary. 7. Expansion of intelligence community assessment regarding gray zone assets Section 6516 of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263 ; 136 Stat. 3548) is amended— (1) in the heading, by striking Russian ; (2) in subsection (a), by adding at the end the following new paragraph: (4) Country of concern The term country of concern means— (A) the People’s Republic of China; (B) the Russian Federation; (C) the Islamic Republic of Iran; (D) the Democratic People’s Republic of Korea; (E) the Republic of Cuba; and (F) the Syrian Arab Republic. ; and (3) in subsection (b)— (A) in the heading— (i) by inserting Annual before Intelligence ; and (ii) by striking Russian ; (B) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by inserting annually before produce ; and (II) by inserting with respect to each country of concern after intelligence community assessment ; and (ii) by striking Russia each place the term appears and inserting the country of concern ; (C) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking Russia and inserting a country of concern ; and (ii) in subparagraphs (B), (C), and (D), by striking Russia each place it appears and inserting the country of concern ; and (D) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking Russia and inserting each country of concern ; and (ii) in subparagraph (B), by striking Russia and inserting the country of concern.
11,389
[ "Intelligence (Permanent Select) Committee", "Foreign Affairs Committee" ]
118hr1114ih
118
hr
1,114
ih
To provide for optimized care, a coordinated Federal Government response, public education, and insurance reimbursement guidance for Long COVID, and for other purposes.
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Long COVID Response is Care Optimized and Vitally Essential Resources that Yield New Opportunities for Wellness Act or the Long COVID RECOVERY NOW Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Targeting resources for equitable access to treatment of Long COVID. Sec. 3. National Long COVID technical assistance dissemination program. Sec. 4. Mental health and suicide prevention and treatment. Sec. 5. ONC best practices for Long COVID data. Sec. 6. Long COVID Education Website. Sec. 7. Providing Support for Long COVID Registries. Sec. 8. Medicaid Health Homes for Individuals with Long COVID. Sec. 9. State health officials guidance. Sec. 10. Support under Medicaid for State Collection of Long COVID Data. Sec. 11. Grants for Pediatric Research on Long COVID.", "id": "H6B93E33EDFB24BA8A31FB100E637E065", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Long COVID Response is Care Optimized and Vitally Essential Resources that Yield New Opportunities for Wellness Act or the Long COVID RECOVERY NOW Act.", "id": "H992D0B272DF645D0B13BF4CA9A09C7E1", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Targeting resources for equitable access to treatment of Long COVID. Sec. 3. National Long COVID technical assistance dissemination program. Sec. 4. Mental health and suicide prevention and treatment. Sec. 5. ONC best practices for Long COVID data. Sec. 6. Long COVID Education Website. Sec. 7. Providing Support for Long COVID Registries. Sec. 8. Medicaid Health Homes for Individuals with Long COVID. Sec. 9. State health officials guidance. Sec. 10. Support under Medicaid for State Collection of Long COVID Data. Sec. 11. Grants for Pediatric Research on Long COVID.", "id": "H29790168D69F475C84F76613A9850D3D", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Targeting resources for equitable access to treatment of Long COVID \n(a) Establishment \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall award, subject to subsection (f) and in accordance with the provisions of this section, grants described in the following subsections to carry out the purposes described in such subsections. (2) Eligibility \nThe Secretary may establish a process for evaluating and determining the eligibility of Federally qualified health centers and rural health clinics for receiving a grant under this section. (b) Grants to FQHCs and RHCs \nFor purposes of subsection (a), the grants described in this subsection are grants to Federally qualified health centers (as defined in section 1861(aa)(4) of the Social Security Act ( 42 U.S.C. 1395x(aa)(4) ) and rural health clinics (as defined in section 1861(aa)(2) of such Act ( 42 U.S.C. 1395x(aa)(2) ) to— (1) adopt evidence-based Long COVID clinical practices that have been demonstrated to improve the wellness of individuals with Long COVID, including clinical validation of patient reported symptoms using established measures that yield structured, comparable data; (2) establish or expand screening, referral, and navigation processes for health-related social needs that could interfere with Long COVID treatment, including food insecurity, housing instability, transportation needs, utility difficulties, and interpersonal safety; and (3) submit to the Secretary of Health and Human Services (in a format consistent with the standards and activities under the Data Modernization Initiative of the Centers for Disease Control and Prevention) standardized, disaggregated, deidentified data (as specified by the Secretary) on the characteristics, diagnoses, and health care service utilization of Long COVID patients served under such grant, including disaggregated data on Long COVID patient characteristics, including patient age, gender, race, ethnicity, language spoken, disability status, nature and duration of validated symptoms, and other characteristics necessary to inform considerations for effective and equitable treatment for patients with Long COVID. (c) Grants to primary care practices \nFor purposes of subsection (a), the grants described in this subsection are grants to primary care practices (other than Federally qualified health centers and rural health clinics) that satisfy such criteria as may be established by the Secretary to carry out the purposes described in paragraphs (1) and (3) of subsection (b). (d) GRANTS For Multidisciplinary Treatment and Coordination \n(1) In general \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall award grants on a competitive basis to eligible entities for the purpose of creating or enhancing capacity to treat patients with Long COVID through a multidisciplinary approach. The term multidisciplinary in this section refers to the coordinated work to provide care or treatment to a patient by physicians and other professionals, such as specialty or subspecialty providers, nurses and nurse care coordinators, dietitians, nutritionists, social workers, behavioral health professionals, physical and occupational therapists, speech pathologists, or any professionals determined to be appropriate by the State and approved by the Administrator of the Centers for Medicare & Medicaid Services. (2) Use of funds \nAn eligible entity receiving a grant under this section shall use the grant, for the purpose described in subsection (a), to— (A) enhance the capacity of one or more existing multidisciplinary Long COVID clinics to serve the Long COVID population; or (B) create one or more multidisciplinary clinics to address the physical and mental health needs of Long COVID patients. (3) Eligible entities \nTo be eligible to receive a grant under this section, an entity shall be a health care provider, Federally qualified health center (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) )), rural health clinic, urban Indian health center, or State or local public health department, that— (A) (i) operates an existing multidisciplinary Long COVID clinic or other specialized Long COVID program; or (ii) is an existing health care provider with experience providing care for individuals with Long COVID and who demonstrates an intent to create a multidisciplinary Long COVID clinic or other specialized Long COVID program; (B) submits to the Secretary an application at such time, in such manner, and containing such information and assurances as the Secretary may require; and (C) employs a framework that incentivizes participants to attain the program’s goals to establish and disseminate best practices, and allocates funds based on such attainment. (4) Special rule \nA physical clinical facility is not a requirement for eligibility. (5) Priority \nIn awarding grants under this subsection, the Secretary shall give priority to eligible entities that— (A) submit a plan to engage with medically underserved communities, and with populations disproportionately impacted by COVID–19; (B) demonstrate capacity (or an intent to build capacity) to provide personalized treatment and facilitate patient access to multidisciplinary health care providers with expertise in treating Long COVID symptoms, including such providers who are primary and specialty care physicians (such as physiatrists, neurologists, cardiologists, immunologists, and pulmonologists), therapists, nurses, care coordinators, social workers, nutritionists, and behavioral health specialists; and (C) submit a plan to ensure ongoing multidisciplinary continuing education on infection-triggered conditions for— (i) physicians treating Long COVID; and (ii) other physicians and health care workers who are not treating Long COVID, but are otherwise serving patients in the community. (e) Equitable access \nIn order to ensure equitable access treatment— (1) no grantee under this section shall deny access to treatment with respect to Long COVID based on insurance coverage, date of diagnosis, or previous hospitalization; (2) a grantee under this section shall with respect to Long COVID— (A) offer equity-centered resources (such as the ability to offer resources in various languages), information, and training to safety net health systems; and (B) disseminate to individuals and organizations that provide care best practices and treatment approaches that enhance access to high-quality care to everyone where they live; and (3) treatment for Long COVID shall be included as a COVID–19 treatment, consistent with the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (f) Development of Evidence-Based Strategies for High-Value Care for Individuals with Long COVID \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Agency for Healthcare Research and Quality shall, subject to appropriations pursuant to subsection (i), award multi-year grants to eligible entities meeting such criteria as specified by the Secretary through rulemaking for the purposes of— (A) supporting the generation of evidence about how to deliver high quality, high-value health care for individuals with Long COVID for the treatment of the condition; (B) creating tools and strategies to help health systems and hospitals, primary and specialty physicians, nurses, allied health care professionals, and caregivers provide high-quality, high-value care for individuals with Long COVID; and (C) providing educational materials for health care providers, payers, and consumers on high-value care for individuals with Long COVID. (2) Eligibility \nThe Secretary shall, through rulemaking, specify a process for evaluating and determining the eligibility of primary care providers including Federally qualified health centers and rural health clinics; specialty care providers, hospitals, health systems, academic medical centers; and other entities for receiving a grant under this subsection. Such rules shall prohibit grant funds from being used to compensate or reimburse individuals or organizations excluded pursuant to section 1128 of the Social Security Act ( 42 U.S.C. 1320a–7 ) from participation under the Medicare program under title XVIII of such Act. (g) Long COVID defined \nFor purposes of this Act, the term Long COVID (also referred to as post-acute sequelae of COVID–19 , post-COVID conditions , or persistent symptoms post-COVID ) means the ongoing sequelae of COVID–19 that some individuals experience after infection with the SARS–CoV–2 virus, as diagnosed by a qualified health care provider. Such sequelae are defined as the “Post-COVID Conditions” identified and defined by the Centers for Disease Control and Prevention in 2021, or in subsequent revisions by the Centers for Disease Control and Prevention. (h) Reports \n(1) Annual reports by grantees to Secretary \nOn an annual basis, a recipient of a grant under this section shall— (A) submit to the Secretary, and make publicly available, a report on the activities carried out through the grant; and (B) include evaluations of such activities, including the experience of individuals who received health care through such grant. (2) Annual reports by Secretary to Congress \nNot later than the end of each of fiscal years 2024 through 2026, the Secretary shall submit to the Congress, and make publicly available, a report that— (A) summarizes the reports received under paragraph (1); (B) evaluates the effectiveness of grants under this section; and (C) makes recommendations with respect to expanding coverage for clinical care for Long COVID. (i) Authorization of appropriations \n(1) In general \nTo carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2026. (2) Administrative expenses \nNot more than 15 percent of the amounts made available to carry out this section for any fiscal year may be used for administrative expenses to operate the grants under this section.", "id": "HC0A44D2A2FD94744AEFE638753125148", "header": "Targeting resources for equitable access to treatment of Long COVID", "nested": [ { "text": "(a) Establishment \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall award, subject to subsection (f) and in accordance with the provisions of this section, grants described in the following subsections to carry out the purposes described in such subsections. (2) Eligibility \nThe Secretary may establish a process for evaluating and determining the eligibility of Federally qualified health centers and rural health clinics for receiving a grant under this section.", "id": "H17D5EE145BC64B69AF67629AA1D99C3D", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Grants to FQHCs and RHCs \nFor purposes of subsection (a), the grants described in this subsection are grants to Federally qualified health centers (as defined in section 1861(aa)(4) of the Social Security Act ( 42 U.S.C. 1395x(aa)(4) ) and rural health clinics (as defined in section 1861(aa)(2) of such Act ( 42 U.S.C. 1395x(aa)(2) ) to— (1) adopt evidence-based Long COVID clinical practices that have been demonstrated to improve the wellness of individuals with Long COVID, including clinical validation of patient reported symptoms using established measures that yield structured, comparable data; (2) establish or expand screening, referral, and navigation processes for health-related social needs that could interfere with Long COVID treatment, including food insecurity, housing instability, transportation needs, utility difficulties, and interpersonal safety; and (3) submit to the Secretary of Health and Human Services (in a format consistent with the standards and activities under the Data Modernization Initiative of the Centers for Disease Control and Prevention) standardized, disaggregated, deidentified data (as specified by the Secretary) on the characteristics, diagnoses, and health care service utilization of Long COVID patients served under such grant, including disaggregated data on Long COVID patient characteristics, including patient age, gender, race, ethnicity, language spoken, disability status, nature and duration of validated symptoms, and other characteristics necessary to inform considerations for effective and equitable treatment for patients with Long COVID.", "id": "H74AB84AFCAA74326B75D679B92A5F9B7", "header": "Grants to FQHCs and RHCs", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(aa)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395x(aa)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(c) Grants to primary care practices \nFor purposes of subsection (a), the grants described in this subsection are grants to primary care practices (other than Federally qualified health centers and rural health clinics) that satisfy such criteria as may be established by the Secretary to carry out the purposes described in paragraphs (1) and (3) of subsection (b).", "id": "H9574C24AA3C54F148FD16FA4F9E9405A", "header": "Grants to primary care practices", "nested": [], "links": [] }, { "text": "(d) GRANTS For Multidisciplinary Treatment and Coordination \n(1) In general \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall award grants on a competitive basis to eligible entities for the purpose of creating or enhancing capacity to treat patients with Long COVID through a multidisciplinary approach. The term multidisciplinary in this section refers to the coordinated work to provide care or treatment to a patient by physicians and other professionals, such as specialty or subspecialty providers, nurses and nurse care coordinators, dietitians, nutritionists, social workers, behavioral health professionals, physical and occupational therapists, speech pathologists, or any professionals determined to be appropriate by the State and approved by the Administrator of the Centers for Medicare & Medicaid Services. (2) Use of funds \nAn eligible entity receiving a grant under this section shall use the grant, for the purpose described in subsection (a), to— (A) enhance the capacity of one or more existing multidisciplinary Long COVID clinics to serve the Long COVID population; or (B) create one or more multidisciplinary clinics to address the physical and mental health needs of Long COVID patients. (3) Eligible entities \nTo be eligible to receive a grant under this section, an entity shall be a health care provider, Federally qualified health center (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) )), rural health clinic, urban Indian health center, or State or local public health department, that— (A) (i) operates an existing multidisciplinary Long COVID clinic or other specialized Long COVID program; or (ii) is an existing health care provider with experience providing care for individuals with Long COVID and who demonstrates an intent to create a multidisciplinary Long COVID clinic or other specialized Long COVID program; (B) submits to the Secretary an application at such time, in such manner, and containing such information and assurances as the Secretary may require; and (C) employs a framework that incentivizes participants to attain the program’s goals to establish and disseminate best practices, and allocates funds based on such attainment. (4) Special rule \nA physical clinical facility is not a requirement for eligibility. (5) Priority \nIn awarding grants under this subsection, the Secretary shall give priority to eligible entities that— (A) submit a plan to engage with medically underserved communities, and with populations disproportionately impacted by COVID–19; (B) demonstrate capacity (or an intent to build capacity) to provide personalized treatment and facilitate patient access to multidisciplinary health care providers with expertise in treating Long COVID symptoms, including such providers who are primary and specialty care physicians (such as physiatrists, neurologists, cardiologists, immunologists, and pulmonologists), therapists, nurses, care coordinators, social workers, nutritionists, and behavioral health specialists; and (C) submit a plan to ensure ongoing multidisciplinary continuing education on infection-triggered conditions for— (i) physicians treating Long COVID; and (ii) other physicians and health care workers who are not treating Long COVID, but are otherwise serving patients in the community.", "id": "H098FD764DCED445EB49A812C2E20E444", "header": "GRANTS For Multidisciplinary Treatment and Coordination", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(aa)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(e) Equitable access \nIn order to ensure equitable access treatment— (1) no grantee under this section shall deny access to treatment with respect to Long COVID based on insurance coverage, date of diagnosis, or previous hospitalization; (2) a grantee under this section shall with respect to Long COVID— (A) offer equity-centered resources (such as the ability to offer resources in various languages), information, and training to safety net health systems; and (B) disseminate to individuals and organizations that provide care best practices and treatment approaches that enhance access to high-quality care to everyone where they live; and (3) treatment for Long COVID shall be included as a COVID–19 treatment, consistent with the American Rescue Plan Act of 2021 ( Public Law 117–2 ).", "id": "H6CFCCA9D552B4E18B494E7488CE37F2F", "header": "Equitable access", "nested": [], "links": [ { "text": "Public Law 117–2", "legal-doc": "public-law", "parsable-cite": "pl/117/2" } ] }, { "text": "(f) Development of Evidence-Based Strategies for High-Value Care for Individuals with Long COVID \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Agency for Healthcare Research and Quality shall, subject to appropriations pursuant to subsection (i), award multi-year grants to eligible entities meeting such criteria as specified by the Secretary through rulemaking for the purposes of— (A) supporting the generation of evidence about how to deliver high quality, high-value health care for individuals with Long COVID for the treatment of the condition; (B) creating tools and strategies to help health systems and hospitals, primary and specialty physicians, nurses, allied health care professionals, and caregivers provide high-quality, high-value care for individuals with Long COVID; and (C) providing educational materials for health care providers, payers, and consumers on high-value care for individuals with Long COVID. (2) Eligibility \nThe Secretary shall, through rulemaking, specify a process for evaluating and determining the eligibility of primary care providers including Federally qualified health centers and rural health clinics; specialty care providers, hospitals, health systems, academic medical centers; and other entities for receiving a grant under this subsection. Such rules shall prohibit grant funds from being used to compensate or reimburse individuals or organizations excluded pursuant to section 1128 of the Social Security Act ( 42 U.S.C. 1320a–7 ) from participation under the Medicare program under title XVIII of such Act.", "id": "HD61A995DF18A4B04AE963F221D3F84FC", "header": "Development of Evidence-Based Strategies for High-Value Care for Individuals with Long COVID", "nested": [], "links": [ { "text": "42 U.S.C. 1320a–7", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7" } ] }, { "text": "(g) Long COVID defined \nFor purposes of this Act, the term Long COVID (also referred to as post-acute sequelae of COVID–19 , post-COVID conditions , or persistent symptoms post-COVID ) means the ongoing sequelae of COVID–19 that some individuals experience after infection with the SARS–CoV–2 virus, as diagnosed by a qualified health care provider. Such sequelae are defined as the “Post-COVID Conditions” identified and defined by the Centers for Disease Control and Prevention in 2021, or in subsequent revisions by the Centers for Disease Control and Prevention.", "id": "H6B706414E6194F7FA312E49D1D383423", "header": "Long COVID defined", "nested": [], "links": [] }, { "text": "(h) Reports \n(1) Annual reports by grantees to Secretary \nOn an annual basis, a recipient of a grant under this section shall— (A) submit to the Secretary, and make publicly available, a report on the activities carried out through the grant; and (B) include evaluations of such activities, including the experience of individuals who received health care through such grant. (2) Annual reports by Secretary to Congress \nNot later than the end of each of fiscal years 2024 through 2026, the Secretary shall submit to the Congress, and make publicly available, a report that— (A) summarizes the reports received under paragraph (1); (B) evaluates the effectiveness of grants under this section; and (C) makes recommendations with respect to expanding coverage for clinical care for Long COVID.", "id": "H52FDA39DACC646ABA5AF87D5639DD90C", "header": "Reports", "nested": [], "links": [] }, { "text": "(i) Authorization of appropriations \n(1) In general \nTo carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2026. (2) Administrative expenses \nNot more than 15 percent of the amounts made available to carry out this section for any fiscal year may be used for administrative expenses to operate the grants under this section.", "id": "HB42B97888A02482AAE3FE02372A3FCA5", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395x(aa)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395x(aa)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395x(aa)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "Public Law 117–2", "legal-doc": "public-law", "parsable-cite": "pl/117/2" }, { "text": "42 U.S.C. 1320a–7", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7" } ] }, { "text": "3. National Long COVID technical assistance dissemination program \n(a) In general \nThe Secretary of Health and Human Services shall— (1) establish a structured process to seek ongoing input from medical societies representing primary care, specialty care, and subspecialty care regarding the proven and promising practices for treating individuals who are diagnosed with Long COVID to support their wellness and recovery; and (2) enter into a memorandum of understanding with one or more organizations with specific medical knowledge on Long COVID or experience providing care and medical treatment to individuals with Long COVID to support the ongoing dissemination to the broader medical community of existing open source evidence, tools and strategies. (b) Organization described \nFor purposes of subsection (a), and organization described in this paragraph is an organization that satisfies at least the following: (1) The organization has clinical expertise related to the treatment of Long COVID. (2) The organization has a robust understanding of clinical and business practices. (3) The organization has the ability to convene groups and disseminate information nationally. (4) The organization consults with medical specialty associations for purposes of developing and distributing clinical best practices for Long COVID diagnosis and treatment.", "id": "H2D9D32D20EC34CEFAD8D0F054C68A128", "header": "National Long COVID technical assistance dissemination program", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services shall— (1) establish a structured process to seek ongoing input from medical societies representing primary care, specialty care, and subspecialty care regarding the proven and promising practices for treating individuals who are diagnosed with Long COVID to support their wellness and recovery; and (2) enter into a memorandum of understanding with one or more organizations with specific medical knowledge on Long COVID or experience providing care and medical treatment to individuals with Long COVID to support the ongoing dissemination to the broader medical community of existing open source evidence, tools and strategies.", "id": "H15CF5479109640AE83625503512415A9", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Organization described \nFor purposes of subsection (a), and organization described in this paragraph is an organization that satisfies at least the following: (1) The organization has clinical expertise related to the treatment of Long COVID. (2) The organization has a robust understanding of clinical and business practices. (3) The organization has the ability to convene groups and disseminate information nationally. (4) The organization consults with medical specialty associations for purposes of developing and distributing clinical best practices for Long COVID diagnosis and treatment.", "id": "HC2729363EBA94A328A897A3568B374B7", "header": "Organization described", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Mental health and suicide prevention and treatment \nSection 1911(b)(1) of the Public Health Service Act ( 42 U.S.C. 300x(b)(1) ) is amended by inserting and, for each of fiscal years 2024 through 2026, individuals with Long COVID (as defined in section 2 of the Long COVID RECOVERY NOW Act) who have also been diagnosed with a mental health condition (such as a serious mental illness or a serious emotional disturbance) after 1912(c).", "id": "H15A85CD4C4D54EDDB5E41856105D505D", "header": "Mental health and suicide prevention and treatment", "nested": [], "links": [ { "text": "42 U.S.C. 300x(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/300x" } ] }, { "text": "5. ONC best practices for Long COVID data \n(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the National Coordinator for Health Information Technology, shall convene health care stakeholders to identify potential best practices for collecting, aggregating, and disseminating to health care researchers deidentified data that promotes learning about Long COVID and supports the further research of the characteristics of individuals diagnosed with Long COVID. (b) Report \nNot later than 160 days after the first meeting of such stakeholders pursuant to subsection (a), the Secretary shall submit to Congress (and make publicly available on the website of the Office of the National Coordinator of Health Information Technology) a report summarizing the meetings and findings of the stakeholders as well as any recommendations, including recommendations on ways that federal health care policy can better support an understanding of the etiology, characteristics, care and potential treatments for individuals Long COVID to support individuals’ recovery and wellness. Such recommendations shall— (1) take into account the perspectives of health data scientists, health services researchers, medical providers, health plans, hospitals and health systems, epidemiologists, public health experts, patient representatives and groups, health information technology companies, and other stakeholders; and (2) be informed by public and private sector efforts to characterize Long COVID, aggregate and disaggregate data, and promote data standardization, data standards, or open data access for furthering a greater understanding of Long COVID.", "id": "H5FCCC6241838450A9092BDA02D977D36", "header": "ONC best practices for Long COVID data", "nested": [ { "text": "(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the National Coordinator for Health Information Technology, shall convene health care stakeholders to identify potential best practices for collecting, aggregating, and disseminating to health care researchers deidentified data that promotes learning about Long COVID and supports the further research of the characteristics of individuals diagnosed with Long COVID.", "id": "HBCFD8CEEC17C463887EF8B82B2B2C016", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 160 days after the first meeting of such stakeholders pursuant to subsection (a), the Secretary shall submit to Congress (and make publicly available on the website of the Office of the National Coordinator of Health Information Technology) a report summarizing the meetings and findings of the stakeholders as well as any recommendations, including recommendations on ways that federal health care policy can better support an understanding of the etiology, characteristics, care and potential treatments for individuals Long COVID to support individuals’ recovery and wellness. Such recommendations shall— (1) take into account the perspectives of health data scientists, health services researchers, medical providers, health plans, hospitals and health systems, epidemiologists, public health experts, patient representatives and groups, health information technology companies, and other stakeholders; and (2) be informed by public and private sector efforts to characterize Long COVID, aggregate and disaggregate data, and promote data standardization, data standards, or open data access for furthering a greater understanding of Long COVID.", "id": "HFC40A0AAC4E34422BF41A9BCAF413EA1", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Long COVID Education Website \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall, in consultation with medical societies representing the perspectives of primary care, specialty care, mental health professionals, medical researchers (including through the National Institutes of Health), public health experts (including the Centers for Disease Control and Prevention), and patient advocates, implement a Federal website (which may be implemented through an existing public website of the Department of Health and Human Services) that— (1) collects, and curates educational materials for health care providers and consumers about Long COVID (as defined in section 2(e)) symptoms, diagnosis, characteristics, treatment, and access to care; and (2) includes, or provides a link to, comprehensive educational resources for health care providers, such as the interim guidance (and subsequent updates) for health care providers published by the Centers for Disease Control and Prevention on how to treat individuals with Long COVID.", "id": "HCACBB051534941718E20C66EE7C5EAC5", "header": "Long COVID Education Website", "nested": [], "links": [] }, { "text": "7. Providing Support for Long COVID Registries \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality shall, subject to appropriations pursuant to subsection (d), award multi-year grants to eligible entities described in subsection (b) for the purposes of— (1) supporting existing or creating new Longitudinal registries of patients with Long COVID (as defined in section 2(g)); (2) establishing voluntary standards for such registries that include common data elements and clear data definitions to enable the comparability and synchronization of data by researchers; (3) utilize data from such registries to help inform understanding regarding the efficacy of care, diagnostics, therapeutics, care pathways, behavioral health interventions, and other dynamics regarding individuals with Long COVID; and (4) informing health care providers’ efforts related to improving equitable access to health care by collecting data through such registries from individuals with Long COVID, including social needs, medical history, race and ethnicity, language, gender, and disability status, as specified by the Secretary of Health and Human Services. (b) Eligible entities \n(1) In general \nTo be eligible for a grant under subsection (a) an entity shall— (A) submit an application to the Secretary in such form and manner as the Secretary may require; (B) agree to adhere to such data definitions and standards as the Secretary may require, including privacy and security requirements, requirements to make findings of the organization, and the use of open-source technology to promote the dissemination of information related to Long COVID; (C) agree to make any information collected or produced by the entity pursuant to the grant available to the public through secure, non-proprietary means without a paywall or fee; (D) demonstrate to the Secretary, in a form and manner specified by the Secretary, that the entity has in place appropriate standards for handling proprietary, confidential, and medical information securely and in a manner that is compliant with applicable law; (E) have in place and demonstrate to the Secretary the adequacy of a plan for the Longer-term financial sustainability of such registry; and (F) be an organization described in paragraph (2). (2) Organizations \nFor purposes of paragraph (1), an organization described in this paragraph is any of the following: (A) A non-profit organization representative of individuals with Long COVID. (B) An organization of health care providers, such as health systems and hospitals. (C) An organization of data scientists. (D) Multi-sector groups that consist of organizations described in 2 or more of the preceding subparagraphs that meet such standards as the Secretary may require. (c) Consideration \nIn carrying out the purposes described in subsection (a), an eligible entity shall take into consideration the report made available under section 4(b). (d) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2028.", "id": "HB2196A17078848E4A2EF8FA63A175F11", "header": "Providing Support for Long COVID Registries", "nested": [ { "text": "(a) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality shall, subject to appropriations pursuant to subsection (d), award multi-year grants to eligible entities described in subsection (b) for the purposes of— (1) supporting existing or creating new Longitudinal registries of patients with Long COVID (as defined in section 2(g)); (2) establishing voluntary standards for such registries that include common data elements and clear data definitions to enable the comparability and synchronization of data by researchers; (3) utilize data from such registries to help inform understanding regarding the efficacy of care, diagnostics, therapeutics, care pathways, behavioral health interventions, and other dynamics regarding individuals with Long COVID; and (4) informing health care providers’ efforts related to improving equitable access to health care by collecting data through such registries from individuals with Long COVID, including social needs, medical history, race and ethnicity, language, gender, and disability status, as specified by the Secretary of Health and Human Services.", "id": "HA295E9DE49904BCDA6A52BA393CF5B4D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligible entities \n(1) In general \nTo be eligible for a grant under subsection (a) an entity shall— (A) submit an application to the Secretary in such form and manner as the Secretary may require; (B) agree to adhere to such data definitions and standards as the Secretary may require, including privacy and security requirements, requirements to make findings of the organization, and the use of open-source technology to promote the dissemination of information related to Long COVID; (C) agree to make any information collected or produced by the entity pursuant to the grant available to the public through secure, non-proprietary means without a paywall or fee; (D) demonstrate to the Secretary, in a form and manner specified by the Secretary, that the entity has in place appropriate standards for handling proprietary, confidential, and medical information securely and in a manner that is compliant with applicable law; (E) have in place and demonstrate to the Secretary the adequacy of a plan for the Longer-term financial sustainability of such registry; and (F) be an organization described in paragraph (2). (2) Organizations \nFor purposes of paragraph (1), an organization described in this paragraph is any of the following: (A) A non-profit organization representative of individuals with Long COVID. (B) An organization of health care providers, such as health systems and hospitals. (C) An organization of data scientists. (D) Multi-sector groups that consist of organizations described in 2 or more of the preceding subparagraphs that meet such standards as the Secretary may require.", "id": "H26FEB9D11E384690A6055ED2767BD8CF", "header": "Eligible entities", "nested": [], "links": [] }, { "text": "(c) Consideration \nIn carrying out the purposes described in subsection (a), an eligible entity shall take into consideration the report made available under section 4(b).", "id": "H4CEE058F288B43A199A238BDC943C0E3", "header": "Consideration", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2028.", "id": "H9422F62E2E5F4C18A459C2C70C6BD25D", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Medicaid Health Homes for Individuals with Long COVID \n(a) Health homes for individuals with chronic conditions \nSection 1945(h)(1)(A)(ii) of the Social Security Act ( 42 U.S.C. 1396w–4(h)(1)(A)(ii) ) is amended— (1) in subclause (II), by striking at the end or ; (2) in subclause (III), by striking at the end the period and inserting ; or ; and (3) by adding at the end the following new subclause: (IV) Long COVID (as defined in section 2(g) of the Long COVID RECOVERY NOW Act).. (b) Health homes for children with medically complex conditions \nSection 1945A(i)(1)(A)(ii) of the Social Security Act (42 U.S.C. 1396w–4a(i)(1)(A)(ii)) is amended— (1) in subclause (I), by striking at the end or ; (2) in subclause (II), by striking at the end the period and inserting ; or ; and (3) by adding at the end the following new subclause: (III) Long COVID (as defined in section 2(g) of the Long COVID RECOVERY NOW Act)..", "id": "H305280BAF2F142FDAAF8C397B9001E89", "header": "Medicaid Health Homes for Individuals with Long COVID", "nested": [ { "text": "(a) Health homes for individuals with chronic conditions \nSection 1945(h)(1)(A)(ii) of the Social Security Act ( 42 U.S.C. 1396w–4(h)(1)(A)(ii) ) is amended— (1) in subclause (II), by striking at the end or ; (2) in subclause (III), by striking at the end the period and inserting ; or ; and (3) by adding at the end the following new subclause: (IV) Long COVID (as defined in section 2(g) of the Long COVID RECOVERY NOW Act)..", "id": "H1B5DE1E99A1E4A9FBCB621A1301229D9", "header": "Health homes for individuals with chronic conditions", "nested": [], "links": [ { "text": "42 U.S.C. 1396w–4(h)(1)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1396w-4" } ] }, { "text": "(b) Health homes for children with medically complex conditions \nSection 1945A(i)(1)(A)(ii) of the Social Security Act (42 U.S.C. 1396w–4a(i)(1)(A)(ii)) is amended— (1) in subclause (I), by striking at the end or ; (2) in subclause (II), by striking at the end the period and inserting ; or ; and (3) by adding at the end the following new subclause: (III) Long COVID (as defined in section 2(g) of the Long COVID RECOVERY NOW Act)..", "id": "HC0F95B53847E4747A29D721DE7C17A3E", "header": "Health homes for children with medically complex conditions", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396w–4(h)(1)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1396w-4" } ] }, { "text": "9. State health officials guidance \nNot later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to State health officials specifying tools and strategies that may help States improve the health and wellness of individuals enrolled under the Medicaid program under title XIX of the Social Security Act or the Children’s Health Insurance Program under title XXI of such Act who have been diagnosed with Long COVID by facilitating strong primary care and supporting linkages to specialists, relevant social supports, or community-based organizations at the local level, that can help support the recovery and wellness of such individuals.", "id": "H8F954959C79B4391AC085E53F296279A", "header": "State health officials guidance", "nested": [], "links": [] }, { "text": "10. Support under Medicaid for State Collection of Long COVID Data \nSection 1903(a)(3) of the Social Security Act ( 42 U.S.C. 1396b(a)(3) ) is amended by adding at the end the following new subparagraph: (I) 75 percent of the sums expended during a fiscal year quarter in 2024, 2025, or 2026 as are attributable to the collection and reporting of claims and encounter data on Long COVID (including identification of race, language, ethnicity, and duration of treatment) using the ICD–10 code U09.9 post COVID–19 condition, unspecified (or any successor to such code);.", "id": "H9DCECE87AA584707942B69FEDD3DFDFD", "header": "Support under Medicaid for State Collection of Long COVID Data", "nested": [], "links": [ { "text": "42 U.S.C. 1396b(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" } ] }, { "text": "11. Grants for Pediatric Research on Long COVID \n(a) In general \nThe Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section, referred to as the Secretary ), shall award grants to eligible entities to conduct research on Long COVID in pediatric populations. (b) Use of funds \nAn eligible entity selected to receive a grant under this subsection may use funds received through the grant to conduct research described in subsection (a), with a focus on pediatric immune system responses and neurodevelopment. (c) Eligible entity defined \nIn this section, the term eligible entity means a children’s hospital, pediatric researcher, pediatrician, academic medical center, or other organization determined appropriate by the Secretary. (d) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2026.", "id": "HDF979F6396DE4B02847F70CA5990722C", "header": "Grants for Pediatric Research on Long COVID", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section, referred to as the Secretary ), shall award grants to eligible entities to conduct research on Long COVID in pediatric populations.", "id": "H6D2A2C3A81344A4AAC7C06561D052D58", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of funds \nAn eligible entity selected to receive a grant under this subsection may use funds received through the grant to conduct research described in subsection (a), with a focus on pediatric immune system responses and neurodevelopment.", "id": "HF7354B3FB3A342FDB1E939761564DEAC", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Eligible entity defined \nIn this section, the term eligible entity means a children’s hospital, pediatric researcher, pediatrician, academic medical center, or other organization determined appropriate by the Secretary.", "id": "HFBD1AC16828444C0A048DD9BCA3A575C", "header": "Eligible entity defined", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2026.", "id": "H1E8174C75C46447A914F863FE6699605", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]
11
1. Short title; table of contents (a) Short title This Act may be cited as the Long COVID Response is Care Optimized and Vitally Essential Resources that Yield New Opportunities for Wellness Act or the Long COVID RECOVERY NOW Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Targeting resources for equitable access to treatment of Long COVID. Sec. 3. National Long COVID technical assistance dissemination program. Sec. 4. Mental health and suicide prevention and treatment. Sec. 5. ONC best practices for Long COVID data. Sec. 6. Long COVID Education Website. Sec. 7. Providing Support for Long COVID Registries. Sec. 8. Medicaid Health Homes for Individuals with Long COVID. Sec. 9. State health officials guidance. Sec. 10. Support under Medicaid for State Collection of Long COVID Data. Sec. 11. Grants for Pediatric Research on Long COVID. 2. Targeting resources for equitable access to treatment of Long COVID (a) Establishment (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall award, subject to subsection (f) and in accordance with the provisions of this section, grants described in the following subsections to carry out the purposes described in such subsections. (2) Eligibility The Secretary may establish a process for evaluating and determining the eligibility of Federally qualified health centers and rural health clinics for receiving a grant under this section. (b) Grants to FQHCs and RHCs For purposes of subsection (a), the grants described in this subsection are grants to Federally qualified health centers (as defined in section 1861(aa)(4) of the Social Security Act ( 42 U.S.C. 1395x(aa)(4) ) and rural health clinics (as defined in section 1861(aa)(2) of such Act ( 42 U.S.C. 1395x(aa)(2) ) to— (1) adopt evidence-based Long COVID clinical practices that have been demonstrated to improve the wellness of individuals with Long COVID, including clinical validation of patient reported symptoms using established measures that yield structured, comparable data; (2) establish or expand screening, referral, and navigation processes for health-related social needs that could interfere with Long COVID treatment, including food insecurity, housing instability, transportation needs, utility difficulties, and interpersonal safety; and (3) submit to the Secretary of Health and Human Services (in a format consistent with the standards and activities under the Data Modernization Initiative of the Centers for Disease Control and Prevention) standardized, disaggregated, deidentified data (as specified by the Secretary) on the characteristics, diagnoses, and health care service utilization of Long COVID patients served under such grant, including disaggregated data on Long COVID patient characteristics, including patient age, gender, race, ethnicity, language spoken, disability status, nature and duration of validated symptoms, and other characteristics necessary to inform considerations for effective and equitable treatment for patients with Long COVID. (c) Grants to primary care practices For purposes of subsection (a), the grants described in this subsection are grants to primary care practices (other than Federally qualified health centers and rural health clinics) that satisfy such criteria as may be established by the Secretary to carry out the purposes described in paragraphs (1) and (3) of subsection (b). (d) GRANTS For Multidisciplinary Treatment and Coordination (1) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall award grants on a competitive basis to eligible entities for the purpose of creating or enhancing capacity to treat patients with Long COVID through a multidisciplinary approach. The term multidisciplinary in this section refers to the coordinated work to provide care or treatment to a patient by physicians and other professionals, such as specialty or subspecialty providers, nurses and nurse care coordinators, dietitians, nutritionists, social workers, behavioral health professionals, physical and occupational therapists, speech pathologists, or any professionals determined to be appropriate by the State and approved by the Administrator of the Centers for Medicare & Medicaid Services. (2) Use of funds An eligible entity receiving a grant under this section shall use the grant, for the purpose described in subsection (a), to— (A) enhance the capacity of one or more existing multidisciplinary Long COVID clinics to serve the Long COVID population; or (B) create one or more multidisciplinary clinics to address the physical and mental health needs of Long COVID patients. (3) Eligible entities To be eligible to receive a grant under this section, an entity shall be a health care provider, Federally qualified health center (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) )), rural health clinic, urban Indian health center, or State or local public health department, that— (A) (i) operates an existing multidisciplinary Long COVID clinic or other specialized Long COVID program; or (ii) is an existing health care provider with experience providing care for individuals with Long COVID and who demonstrates an intent to create a multidisciplinary Long COVID clinic or other specialized Long COVID program; (B) submits to the Secretary an application at such time, in such manner, and containing such information and assurances as the Secretary may require; and (C) employs a framework that incentivizes participants to attain the program’s goals to establish and disseminate best practices, and allocates funds based on such attainment. (4) Special rule A physical clinical facility is not a requirement for eligibility. (5) Priority In awarding grants under this subsection, the Secretary shall give priority to eligible entities that— (A) submit a plan to engage with medically underserved communities, and with populations disproportionately impacted by COVID–19; (B) demonstrate capacity (or an intent to build capacity) to provide personalized treatment and facilitate patient access to multidisciplinary health care providers with expertise in treating Long COVID symptoms, including such providers who are primary and specialty care physicians (such as physiatrists, neurologists, cardiologists, immunologists, and pulmonologists), therapists, nurses, care coordinators, social workers, nutritionists, and behavioral health specialists; and (C) submit a plan to ensure ongoing multidisciplinary continuing education on infection-triggered conditions for— (i) physicians treating Long COVID; and (ii) other physicians and health care workers who are not treating Long COVID, but are otherwise serving patients in the community. (e) Equitable access In order to ensure equitable access treatment— (1) no grantee under this section shall deny access to treatment with respect to Long COVID based on insurance coverage, date of diagnosis, or previous hospitalization; (2) a grantee under this section shall with respect to Long COVID— (A) offer equity-centered resources (such as the ability to offer resources in various languages), information, and training to safety net health systems; and (B) disseminate to individuals and organizations that provide care best practices and treatment approaches that enhance access to high-quality care to everyone where they live; and (3) treatment for Long COVID shall be included as a COVID–19 treatment, consistent with the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (f) Development of Evidence-Based Strategies for High-Value Care for Individuals with Long COVID (1) In general Not later than 1 year after the date of the enactment of this Act, the Agency for Healthcare Research and Quality shall, subject to appropriations pursuant to subsection (i), award multi-year grants to eligible entities meeting such criteria as specified by the Secretary through rulemaking for the purposes of— (A) supporting the generation of evidence about how to deliver high quality, high-value health care for individuals with Long COVID for the treatment of the condition; (B) creating tools and strategies to help health systems and hospitals, primary and specialty physicians, nurses, allied health care professionals, and caregivers provide high-quality, high-value care for individuals with Long COVID; and (C) providing educational materials for health care providers, payers, and consumers on high-value care for individuals with Long COVID. (2) Eligibility The Secretary shall, through rulemaking, specify a process for evaluating and determining the eligibility of primary care providers including Federally qualified health centers and rural health clinics; specialty care providers, hospitals, health systems, academic medical centers; and other entities for receiving a grant under this subsection. Such rules shall prohibit grant funds from being used to compensate or reimburse individuals or organizations excluded pursuant to section 1128 of the Social Security Act ( 42 U.S.C. 1320a–7 ) from participation under the Medicare program under title XVIII of such Act. (g) Long COVID defined For purposes of this Act, the term Long COVID (also referred to as post-acute sequelae of COVID–19 , post-COVID conditions , or persistent symptoms post-COVID ) means the ongoing sequelae of COVID–19 that some individuals experience after infection with the SARS–CoV–2 virus, as diagnosed by a qualified health care provider. Such sequelae are defined as the “Post-COVID Conditions” identified and defined by the Centers for Disease Control and Prevention in 2021, or in subsequent revisions by the Centers for Disease Control and Prevention. (h) Reports (1) Annual reports by grantees to Secretary On an annual basis, a recipient of a grant under this section shall— (A) submit to the Secretary, and make publicly available, a report on the activities carried out through the grant; and (B) include evaluations of such activities, including the experience of individuals who received health care through such grant. (2) Annual reports by Secretary to Congress Not later than the end of each of fiscal years 2024 through 2026, the Secretary shall submit to the Congress, and make publicly available, a report that— (A) summarizes the reports received under paragraph (1); (B) evaluates the effectiveness of grants under this section; and (C) makes recommendations with respect to expanding coverage for clinical care for Long COVID. (i) Authorization of appropriations (1) In general To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2026. (2) Administrative expenses Not more than 15 percent of the amounts made available to carry out this section for any fiscal year may be used for administrative expenses to operate the grants under this section. 3. National Long COVID technical assistance dissemination program (a) In general The Secretary of Health and Human Services shall— (1) establish a structured process to seek ongoing input from medical societies representing primary care, specialty care, and subspecialty care regarding the proven and promising practices for treating individuals who are diagnosed with Long COVID to support their wellness and recovery; and (2) enter into a memorandum of understanding with one or more organizations with specific medical knowledge on Long COVID or experience providing care and medical treatment to individuals with Long COVID to support the ongoing dissemination to the broader medical community of existing open source evidence, tools and strategies. (b) Organization described For purposes of subsection (a), and organization described in this paragraph is an organization that satisfies at least the following: (1) The organization has clinical expertise related to the treatment of Long COVID. (2) The organization has a robust understanding of clinical and business practices. (3) The organization has the ability to convene groups and disseminate information nationally. (4) The organization consults with medical specialty associations for purposes of developing and distributing clinical best practices for Long COVID diagnosis and treatment. 4. Mental health and suicide prevention and treatment Section 1911(b)(1) of the Public Health Service Act ( 42 U.S.C. 300x(b)(1) ) is amended by inserting and, for each of fiscal years 2024 through 2026, individuals with Long COVID (as defined in section 2 of the Long COVID RECOVERY NOW Act) who have also been diagnosed with a mental health condition (such as a serious mental illness or a serious emotional disturbance) after 1912(c). 5. ONC best practices for Long COVID data (a) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the National Coordinator for Health Information Technology, shall convene health care stakeholders to identify potential best practices for collecting, aggregating, and disseminating to health care researchers deidentified data that promotes learning about Long COVID and supports the further research of the characteristics of individuals diagnosed with Long COVID. (b) Report Not later than 160 days after the first meeting of such stakeholders pursuant to subsection (a), the Secretary shall submit to Congress (and make publicly available on the website of the Office of the National Coordinator of Health Information Technology) a report summarizing the meetings and findings of the stakeholders as well as any recommendations, including recommendations on ways that federal health care policy can better support an understanding of the etiology, characteristics, care and potential treatments for individuals Long COVID to support individuals’ recovery and wellness. Such recommendations shall— (1) take into account the perspectives of health data scientists, health services researchers, medical providers, health plans, hospitals and health systems, epidemiologists, public health experts, patient representatives and groups, health information technology companies, and other stakeholders; and (2) be informed by public and private sector efforts to characterize Long COVID, aggregate and disaggregate data, and promote data standardization, data standards, or open data access for furthering a greater understanding of Long COVID. 6. Long COVID Education Website Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall, in consultation with medical societies representing the perspectives of primary care, specialty care, mental health professionals, medical researchers (including through the National Institutes of Health), public health experts (including the Centers for Disease Control and Prevention), and patient advocates, implement a Federal website (which may be implemented through an existing public website of the Department of Health and Human Services) that— (1) collects, and curates educational materials for health care providers and consumers about Long COVID (as defined in section 2(e)) symptoms, diagnosis, characteristics, treatment, and access to care; and (2) includes, or provides a link to, comprehensive educational resources for health care providers, such as the interim guidance (and subsequent updates) for health care providers published by the Centers for Disease Control and Prevention on how to treat individuals with Long COVID. 7. Providing Support for Long COVID Registries (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality shall, subject to appropriations pursuant to subsection (d), award multi-year grants to eligible entities described in subsection (b) for the purposes of— (1) supporting existing or creating new Longitudinal registries of patients with Long COVID (as defined in section 2(g)); (2) establishing voluntary standards for such registries that include common data elements and clear data definitions to enable the comparability and synchronization of data by researchers; (3) utilize data from such registries to help inform understanding regarding the efficacy of care, diagnostics, therapeutics, care pathways, behavioral health interventions, and other dynamics regarding individuals with Long COVID; and (4) informing health care providers’ efforts related to improving equitable access to health care by collecting data through such registries from individuals with Long COVID, including social needs, medical history, race and ethnicity, language, gender, and disability status, as specified by the Secretary of Health and Human Services. (b) Eligible entities (1) In general To be eligible for a grant under subsection (a) an entity shall— (A) submit an application to the Secretary in such form and manner as the Secretary may require; (B) agree to adhere to such data definitions and standards as the Secretary may require, including privacy and security requirements, requirements to make findings of the organization, and the use of open-source technology to promote the dissemination of information related to Long COVID; (C) agree to make any information collected or produced by the entity pursuant to the grant available to the public through secure, non-proprietary means without a paywall or fee; (D) demonstrate to the Secretary, in a form and manner specified by the Secretary, that the entity has in place appropriate standards for handling proprietary, confidential, and medical information securely and in a manner that is compliant with applicable law; (E) have in place and demonstrate to the Secretary the adequacy of a plan for the Longer-term financial sustainability of such registry; and (F) be an organization described in paragraph (2). (2) Organizations For purposes of paragraph (1), an organization described in this paragraph is any of the following: (A) A non-profit organization representative of individuals with Long COVID. (B) An organization of health care providers, such as health systems and hospitals. (C) An organization of data scientists. (D) Multi-sector groups that consist of organizations described in 2 or more of the preceding subparagraphs that meet such standards as the Secretary may require. (c) Consideration In carrying out the purposes described in subsection (a), an eligible entity shall take into consideration the report made available under section 4(b). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2028. 8. Medicaid Health Homes for Individuals with Long COVID (a) Health homes for individuals with chronic conditions Section 1945(h)(1)(A)(ii) of the Social Security Act ( 42 U.S.C. 1396w–4(h)(1)(A)(ii) ) is amended— (1) in subclause (II), by striking at the end or ; (2) in subclause (III), by striking at the end the period and inserting ; or ; and (3) by adding at the end the following new subclause: (IV) Long COVID (as defined in section 2(g) of the Long COVID RECOVERY NOW Act).. (b) Health homes for children with medically complex conditions Section 1945A(i)(1)(A)(ii) of the Social Security Act (42 U.S.C. 1396w–4a(i)(1)(A)(ii)) is amended— (1) in subclause (I), by striking at the end or ; (2) in subclause (II), by striking at the end the period and inserting ; or ; and (3) by adding at the end the following new subclause: (III) Long COVID (as defined in section 2(g) of the Long COVID RECOVERY NOW Act).. 9. State health officials guidance Not later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to State health officials specifying tools and strategies that may help States improve the health and wellness of individuals enrolled under the Medicaid program under title XIX of the Social Security Act or the Children’s Health Insurance Program under title XXI of such Act who have been diagnosed with Long COVID by facilitating strong primary care and supporting linkages to specialists, relevant social supports, or community-based organizations at the local level, that can help support the recovery and wellness of such individuals. 10. Support under Medicaid for State Collection of Long COVID Data Section 1903(a)(3) of the Social Security Act ( 42 U.S.C. 1396b(a)(3) ) is amended by adding at the end the following new subparagraph: (I) 75 percent of the sums expended during a fiscal year quarter in 2024, 2025, or 2026 as are attributable to the collection and reporting of claims and encounter data on Long COVID (including identification of race, language, ethnicity, and duration of treatment) using the ICD–10 code U09.9 post COVID–19 condition, unspecified (or any successor to such code);. 11. Grants for Pediatric Research on Long COVID (a) In general The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section, referred to as the Secretary ), shall award grants to eligible entities to conduct research on Long COVID in pediatric populations. (b) Use of funds An eligible entity selected to receive a grant under this subsection may use funds received through the grant to conduct research described in subsection (a), with a focus on pediatric immune system responses and neurodevelopment. (c) Eligible entity defined In this section, the term eligible entity means a children’s hospital, pediatric researcher, pediatrician, academic medical center, or other organization determined appropriate by the Secretary. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2026.
22,071
[ "Energy and Commerce Committee" ]
118hr5350ih
118
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5,350
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To address the needs of workers in industries likely to be impacted by rapidly evolving technologies.
[ { "text": "1. Short title \nThis Act may be cited as the Investing in Tomorrow's Workforce Act of 2023.", "id": "H2CE22FF4F5744A9ABA052F4D162B58C8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) A 2019 Government Accountability Office report found that while there are many Federal employment and training programs, their total funding levels remain at nearly $20,000,000,000, or less than 0.1 percent of the gross domestic product of the United States. (2) The number of workers receiving federally supported training has declined in the past 3 decades as advances in technology have simultaneously shifted labor market demand over time. (3) Job losses from automation are more likely to impact women, people of color, and workers making less than $40,000 annually. (4) The COVID–19 pandemic accelerated trends in automation, with 43 percent of businesses in the World Economic Forum’s Future of Jobs survey indicating they plan to reduce their workforce as a result of technology integration. (5) Strong Federal investment in expanding training services for workers whose jobs may be lost due to automation could prepare the United States workforce to better adapt to changes in the labor market and enter into skilled positions in technologically oriented occupations and industries. (6) A focus on preparing the workforce of the United States for jobs that utilize advanced technologies and require digital literacy could grow wages, increase economic productivity, and boost the competitiveness of the United States. (7) Studies show that the United States would need to invest $72,000,000,000 more annually just to reach the average investment in workforce policies of other industrial countries. For training alone, the United States would need to invest nearly $8,500,000,000 just to reach the average amount invested by member countries of the Organisation on Economic Co-operation and Development.", "id": "H0625CC4AF8F34911B365AB025821D826", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Automation \nThe term automation means a device, process, or system that functions without continuous input from an operator, including— (A) advanced technologies, such as— (i) data collection, classification processing, and analytics; and (ii) 3-D printing, digital design and simulation, and digital manufacturing; (B) robotics, including collaborative robotics, and worker augmentation technology; (C) autonomous vehicle technology; or (D) autonomous machinery technology. (2) Covered population \nThe term covered population means a population of individuals with a barrier to employment described in subparagraphs (A) through (N) of section 3(24) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(24) ). (3) Digital literacy \nThe term digital literacy has the meaning given the term in section 60301 of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 1721 ). (4) Dislocated worker \nThe term dislocated worker has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (5) Eligible partnership \nThe term eligible partnership means an industry or sector partnership, as defined in section 3 of the Workforce Innovation and Opportunity Act, except that— (A) for purposes of applying paragraph (26)(A)(iii) of that section, the term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); and (B) the partnership shall include, in addition to the representatives described in clauses (i) through (iii) of section 3(26)(A) of the Workforce Innovation and Opportunity Act, representatives of— (i) a State workforce development board or a local workforce development board; and (ii) an economic development organization. (6) In-demand industry sector or occupation \nThe term in-demand industry sector or occupation has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (7) Integrated education and training \nThe term integrated education and training has the meaning given the term in section 203 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3272 ). (8) Local and State workforce development boards \nThe terms local workforce development board and State workforce development board have the meanings given the terms local board and State board , respectively, in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (9) Secretary \nThe term Secretary means the Secretary of Labor. (10) Training services \nThe term training services means training services described in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(D) ) and may include digital literacy skills.", "id": "H07888FF2AFDC447AB0FCC55A354440BA", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 3102(24)", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "47 U.S.C. 1721", "legal-doc": "usc", "parsable-cite": "usc/47/1721" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3272", "legal-doc": "usc", "parsable-cite": "usc/29/3272" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3174(c)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" } ] }, { "text": "4. Grants to improve training for workers impacted by automation \n(a) Grants authorized \n(1) In general \nFrom the amounts appropriated under subsection (g) and beginning in fiscal year 2024, the Secretary shall award grants, on a competitive basis, to eligible partnerships to support demonstration and pilot projects relating to the training needs of workers who are, or are likely to become, dislocated workers as a result of automation. (2) Duration \nA grant awarded under this section shall be for a period not to exceed 4 years. (b) Applications \n(1) In general \nTo be eligible to receive a grant under this section, an eligible partnership shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall reasonably require. (2) Contents \nEach application submitted under paragraph (1) shall include a description of the demonstration or pilot project to be completed with the grant funds, which description shall include— (A) a description of the members of the eligible partnership who will be involved in the demonstration or pilot project and the services each member will provide; (B) a description of the training services that will be available to individuals participating in the demonstration or pilot project, which may include— (i) a plan to train dislocated workers from industries likely to be impacted by automation and transition the workers into regionally in-demand industry sectors or occupations; and (ii) a plan to partner with local businesses to retrain, upskill, and re-deploy workers within an industry as an alternative to layoffs; (C) a plan to provide workers with technology-based skills training, which may include training to provide skills related to coding, systems engineering, or information technology security, in addition to other skills; (D) a description of the goals that the eligible partnership intends to achieve to upskill workers and prepare them for in-demand industry sectors or occupations; and (E) a description of how and which covered populations within the area will be supported through this grant, including a plan for stakeholder engagement. (c) Priorities \nIn awarding grants under this section, the Secretary shall— (1) first give priority to eligible partnerships that are located in areas with a high percentage of individuals from covered populations; and (2) to the extent amounts remain available for additional grants after carrying out paragraph (1), give priority to— (A) eligible partnerships that are located in an area with a high concentration of— (i) industries with a higher likelihood of being impacted by automation; or (ii) industries included in in-demand industry sectors, as determined under subparagraphs (A)(i) and (B) of section 3(23) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(23) ); (B) eligible partnerships— (i) with a plan to provide incumbent worker training— (I) to assist workers in obtaining the skills necessary to retain employment or avert layoffs; or (II) that allows a worker working for an employer to acquire new skills that allow the worker to obtain a higher-skilled or higher-paid position with such employer; and (ii) that partner with local employers that intend to backfill the pre-training positions of the incumbent workers by hiring new workers to fill those positions; (C) eligible partnerships that will provide workers with a transportation stipend, paid sick leave, paid family and medical leave, access to child care services, or other employment benefits; or (D) eligible partnerships with a plan to develop a shared training curriculum that can be used across local and regional networks of employers and training providers. (d) Use of funds \nAn eligible partnership that receives a grant under this section shall use the grant funds for 1 or more of the following: (1) Providing training services under the demonstration or pilot project, which may include training services that prepare workers for in-demand industry sectors or occupations. (2) Providing assistance for employers in developing a staff position for an individual who will be responsible for supporting training services provided under the grant. (3) Purchasing equipment or technology necessary for training services provided under paragraph (1). (4) Providing job search and other transitional assistance to workers in industries with high rates of job loss. (5) Providing a training stipend to workers for training services. (6) Providing integrated education and training. (e) Report \n(1) In general \nNot later than 1 year after an eligible partnership’s completion of a demonstration or pilot project supported under this section, the eligible partnership shall prepare and submit to the Secretary a report regarding— (A) the number of workers who received training services through the demonstration or pilot project; (B) the number of such workers who successfully transitioned into a new position following completion of the training services; (C) the number of individuals who successfully transitioned into an in-demand industry sector or occupation following completion of the training services; (D) annual earnings data for individuals who have completed training services through the demonstration or pilot project; (E) the percentage of individuals described in subparagraph (D) who are in education or training activities, or in employment, during the second quarter after exit from the training services; (F) the percentage of individuals described in subparagraph (D) who are in education or training activities, or in employment, during the fourth quarter after exit from the training services; and (G) any practices used by the partnership that should be considered best practices with respect to training workers in industries that have, or are expected to have, high rates of job loss as a result of automation. (2) Disaggregation \nEach eligible partnership shall provide the information required under subparagraphs (A) through (F) of paragraph (1) in the aggregate and disaggregated by type of training service and by age, gender, and race of the workers. (f) General requirements \nAn eligible partnership that receives a grant under this section shall use the grant funds in a manner that is consistent with the labor standards and protections described in section 181 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3241 ) and nondiscrimination provisions described in section 188 of such Act ( 29 U.S.C. 3248 ). (g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2024 through 2028.", "id": "H15CFD892AB9C4FA5B28686E19A764915", "header": "Grants to improve training for workers impacted by automation", "nested": [ { "text": "(a) Grants authorized \n(1) In general \nFrom the amounts appropriated under subsection (g) and beginning in fiscal year 2024, the Secretary shall award grants, on a competitive basis, to eligible partnerships to support demonstration and pilot projects relating to the training needs of workers who are, or are likely to become, dislocated workers as a result of automation. (2) Duration \nA grant awarded under this section shall be for a period not to exceed 4 years.", "id": "HC5ED7C6B730C432BBD45698F11432918", "header": "Grants authorized", "nested": [], "links": [] }, { "text": "(b) Applications \n(1) In general \nTo be eligible to receive a grant under this section, an eligible partnership shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall reasonably require. (2) Contents \nEach application submitted under paragraph (1) shall include a description of the demonstration or pilot project to be completed with the grant funds, which description shall include— (A) a description of the members of the eligible partnership who will be involved in the demonstration or pilot project and the services each member will provide; (B) a description of the training services that will be available to individuals participating in the demonstration or pilot project, which may include— (i) a plan to train dislocated workers from industries likely to be impacted by automation and transition the workers into regionally in-demand industry sectors or occupations; and (ii) a plan to partner with local businesses to retrain, upskill, and re-deploy workers within an industry as an alternative to layoffs; (C) a plan to provide workers with technology-based skills training, which may include training to provide skills related to coding, systems engineering, or information technology security, in addition to other skills; (D) a description of the goals that the eligible partnership intends to achieve to upskill workers and prepare them for in-demand industry sectors or occupations; and (E) a description of how and which covered populations within the area will be supported through this grant, including a plan for stakeholder engagement.", "id": "H46A30850024D42C2A2C7C0EE42AB9E58", "header": "Applications", "nested": [], "links": [] }, { "text": "(c) Priorities \nIn awarding grants under this section, the Secretary shall— (1) first give priority to eligible partnerships that are located in areas with a high percentage of individuals from covered populations; and (2) to the extent amounts remain available for additional grants after carrying out paragraph (1), give priority to— (A) eligible partnerships that are located in an area with a high concentration of— (i) industries with a higher likelihood of being impacted by automation; or (ii) industries included in in-demand industry sectors, as determined under subparagraphs (A)(i) and (B) of section 3(23) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(23) ); (B) eligible partnerships— (i) with a plan to provide incumbent worker training— (I) to assist workers in obtaining the skills necessary to retain employment or avert layoffs; or (II) that allows a worker working for an employer to acquire new skills that allow the worker to obtain a higher-skilled or higher-paid position with such employer; and (ii) that partner with local employers that intend to backfill the pre-training positions of the incumbent workers by hiring new workers to fill those positions; (C) eligible partnerships that will provide workers with a transportation stipend, paid sick leave, paid family and medical leave, access to child care services, or other employment benefits; or (D) eligible partnerships with a plan to develop a shared training curriculum that can be used across local and regional networks of employers and training providers.", "id": "HEB6CC6D22E9A4AF1824BE916A47602D1", "header": "Priorities", "nested": [], "links": [ { "text": "29 U.S.C. 3102(23)", "legal-doc": "usc", "parsable-cite": "usc/29/3102" } ] }, { "text": "(d) Use of funds \nAn eligible partnership that receives a grant under this section shall use the grant funds for 1 or more of the following: (1) Providing training services under the demonstration or pilot project, which may include training services that prepare workers for in-demand industry sectors or occupations. (2) Providing assistance for employers in developing a staff position for an individual who will be responsible for supporting training services provided under the grant. (3) Purchasing equipment or technology necessary for training services provided under paragraph (1). (4) Providing job search and other transitional assistance to workers in industries with high rates of job loss. (5) Providing a training stipend to workers for training services. (6) Providing integrated education and training.", "id": "H0DDE6D09E2704EBFBC4AEFD001DE2E00", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(e) Report \n(1) In general \nNot later than 1 year after an eligible partnership’s completion of a demonstration or pilot project supported under this section, the eligible partnership shall prepare and submit to the Secretary a report regarding— (A) the number of workers who received training services through the demonstration or pilot project; (B) the number of such workers who successfully transitioned into a new position following completion of the training services; (C) the number of individuals who successfully transitioned into an in-demand industry sector or occupation following completion of the training services; (D) annual earnings data for individuals who have completed training services through the demonstration or pilot project; (E) the percentage of individuals described in subparagraph (D) who are in education or training activities, or in employment, during the second quarter after exit from the training services; (F) the percentage of individuals described in subparagraph (D) who are in education or training activities, or in employment, during the fourth quarter after exit from the training services; and (G) any practices used by the partnership that should be considered best practices with respect to training workers in industries that have, or are expected to have, high rates of job loss as a result of automation. (2) Disaggregation \nEach eligible partnership shall provide the information required under subparagraphs (A) through (F) of paragraph (1) in the aggregate and disaggregated by type of training service and by age, gender, and race of the workers.", "id": "HFBD92A8F3DAB4967AFFBB54A44643D9A", "header": "Report", "nested": [], "links": [] }, { "text": "(f) General requirements \nAn eligible partnership that receives a grant under this section shall use the grant funds in a manner that is consistent with the labor standards and protections described in section 181 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3241 ) and nondiscrimination provisions described in section 188 of such Act ( 29 U.S.C. 3248 ).", "id": "H97C441E3BA1044E98B9E6434FE923327", "header": "General requirements", "nested": [], "links": [ { "text": "29 U.S.C. 3241", "legal-doc": "usc", "parsable-cite": "usc/29/3241" }, { "text": "29 U.S.C. 3248", "legal-doc": "usc", "parsable-cite": "usc/29/3248" } ] }, { "text": "(g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2024 through 2028.", "id": "HC17019F0B421454C8BDC7AAE54BA6C59", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 3102(23)", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3241", "legal-doc": "usc", "parsable-cite": "usc/29/3241" }, { "text": "29 U.S.C. 3248", "legal-doc": "usc", "parsable-cite": "usc/29/3248" } ] }, { "text": "5. Expansion of worker training services \n(a) Adult and dislocated worker employment and training \nSection 134(d)(1)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(d)(1)(A) ) is amended— (1) in clause (xi), by striking and at the end; (2) in clause (xii), by striking the period and inserting ; and ; and (3) by adding at the end the following: (xiii) training programs for individuals who are, or are likely to become, dislocated workers as a result of automation, including activities that prepare the individuals for occupations in the technology sector.. (b) National dislocated worker grants \nSection 170 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3225 ) is amended— (1) in subsection (b)(1)(A), by inserting advances in automation technology, before plant closures, ; and (2) by adding at the end the following: Authorization of appropriations \nIn addition to any funds reserved under section 132(a)(2)(A) to carry out this section, there are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2024 through 2028..", "id": "H72300CE2CF664B96B58BCE5D5860C1F0", "header": "Expansion of worker training services", "nested": [ { "text": "(a) Adult and dislocated worker employment and training \nSection 134(d)(1)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(d)(1)(A) ) is amended— (1) in clause (xi), by striking and at the end; (2) in clause (xii), by striking the period and inserting ; and ; and (3) by adding at the end the following: (xiii) training programs for individuals who are, or are likely to become, dislocated workers as a result of automation, including activities that prepare the individuals for occupations in the technology sector..", "id": "HB07E751799D147AD8C5E0CE02AB9A31A", "header": "Adult and dislocated worker employment and training", "nested": [], "links": [ { "text": "29 U.S.C. 3174(d)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" } ] }, { "text": "(b) National dislocated worker grants \nSection 170 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3225 ) is amended— (1) in subsection (b)(1)(A), by inserting advances in automation technology, before plant closures, ; and (2) by adding at the end the following: Authorization of appropriations \nIn addition to any funds reserved under section 132(a)(2)(A) to carry out this section, there are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2024 through 2028..", "id": "H0A6D16F5BDA14F51BDFB7BA525C388A3", "header": "National dislocated worker grants", "nested": [], "links": [ { "text": "29 U.S.C. 3225", "legal-doc": "usc", "parsable-cite": "usc/29/3225" } ] } ], "links": [ { "text": "29 U.S.C. 3174(d)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" }, { "text": "29 U.S.C. 3225", "legal-doc": "usc", "parsable-cite": "usc/29/3225" } ] } ]
5
1. Short title This Act may be cited as the Investing in Tomorrow's Workforce Act of 2023. 2. Findings Congress makes the following findings: (1) A 2019 Government Accountability Office report found that while there are many Federal employment and training programs, their total funding levels remain at nearly $20,000,000,000, or less than 0.1 percent of the gross domestic product of the United States. (2) The number of workers receiving federally supported training has declined in the past 3 decades as advances in technology have simultaneously shifted labor market demand over time. (3) Job losses from automation are more likely to impact women, people of color, and workers making less than $40,000 annually. (4) The COVID–19 pandemic accelerated trends in automation, with 43 percent of businesses in the World Economic Forum’s Future of Jobs survey indicating they plan to reduce their workforce as a result of technology integration. (5) Strong Federal investment in expanding training services for workers whose jobs may be lost due to automation could prepare the United States workforce to better adapt to changes in the labor market and enter into skilled positions in technologically oriented occupations and industries. (6) A focus on preparing the workforce of the United States for jobs that utilize advanced technologies and require digital literacy could grow wages, increase economic productivity, and boost the competitiveness of the United States. (7) Studies show that the United States would need to invest $72,000,000,000 more annually just to reach the average investment in workforce policies of other industrial countries. For training alone, the United States would need to invest nearly $8,500,000,000 just to reach the average amount invested by member countries of the Organisation on Economic Co-operation and Development. 3. Definitions In this Act: (1) Automation The term automation means a device, process, or system that functions without continuous input from an operator, including— (A) advanced technologies, such as— (i) data collection, classification processing, and analytics; and (ii) 3-D printing, digital design and simulation, and digital manufacturing; (B) robotics, including collaborative robotics, and worker augmentation technology; (C) autonomous vehicle technology; or (D) autonomous machinery technology. (2) Covered population The term covered population means a population of individuals with a barrier to employment described in subparagraphs (A) through (N) of section 3(24) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(24) ). (3) Digital literacy The term digital literacy has the meaning given the term in section 60301 of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 1721 ). (4) Dislocated worker The term dislocated worker has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (5) Eligible partnership The term eligible partnership means an industry or sector partnership, as defined in section 3 of the Workforce Innovation and Opportunity Act, except that— (A) for purposes of applying paragraph (26)(A)(iii) of that section, the term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); and (B) the partnership shall include, in addition to the representatives described in clauses (i) through (iii) of section 3(26)(A) of the Workforce Innovation and Opportunity Act, representatives of— (i) a State workforce development board or a local workforce development board; and (ii) an economic development organization. (6) In-demand industry sector or occupation The term in-demand industry sector or occupation has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (7) Integrated education and training The term integrated education and training has the meaning given the term in section 203 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3272 ). (8) Local and State workforce development boards The terms local workforce development board and State workforce development board have the meanings given the terms local board and State board , respectively, in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (9) Secretary The term Secretary means the Secretary of Labor. (10) Training services The term training services means training services described in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(D) ) and may include digital literacy skills. 4. Grants to improve training for workers impacted by automation (a) Grants authorized (1) In general From the amounts appropriated under subsection (g) and beginning in fiscal year 2024, the Secretary shall award grants, on a competitive basis, to eligible partnerships to support demonstration and pilot projects relating to the training needs of workers who are, or are likely to become, dislocated workers as a result of automation. (2) Duration A grant awarded under this section shall be for a period not to exceed 4 years. (b) Applications (1) In general To be eligible to receive a grant under this section, an eligible partnership shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall reasonably require. (2) Contents Each application submitted under paragraph (1) shall include a description of the demonstration or pilot project to be completed with the grant funds, which description shall include— (A) a description of the members of the eligible partnership who will be involved in the demonstration or pilot project and the services each member will provide; (B) a description of the training services that will be available to individuals participating in the demonstration or pilot project, which may include— (i) a plan to train dislocated workers from industries likely to be impacted by automation and transition the workers into regionally in-demand industry sectors or occupations; and (ii) a plan to partner with local businesses to retrain, upskill, and re-deploy workers within an industry as an alternative to layoffs; (C) a plan to provide workers with technology-based skills training, which may include training to provide skills related to coding, systems engineering, or information technology security, in addition to other skills; (D) a description of the goals that the eligible partnership intends to achieve to upskill workers and prepare them for in-demand industry sectors or occupations; and (E) a description of how and which covered populations within the area will be supported through this grant, including a plan for stakeholder engagement. (c) Priorities In awarding grants under this section, the Secretary shall— (1) first give priority to eligible partnerships that are located in areas with a high percentage of individuals from covered populations; and (2) to the extent amounts remain available for additional grants after carrying out paragraph (1), give priority to— (A) eligible partnerships that are located in an area with a high concentration of— (i) industries with a higher likelihood of being impacted by automation; or (ii) industries included in in-demand industry sectors, as determined under subparagraphs (A)(i) and (B) of section 3(23) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(23) ); (B) eligible partnerships— (i) with a plan to provide incumbent worker training— (I) to assist workers in obtaining the skills necessary to retain employment or avert layoffs; or (II) that allows a worker working for an employer to acquire new skills that allow the worker to obtain a higher-skilled or higher-paid position with such employer; and (ii) that partner with local employers that intend to backfill the pre-training positions of the incumbent workers by hiring new workers to fill those positions; (C) eligible partnerships that will provide workers with a transportation stipend, paid sick leave, paid family and medical leave, access to child care services, or other employment benefits; or (D) eligible partnerships with a plan to develop a shared training curriculum that can be used across local and regional networks of employers and training providers. (d) Use of funds An eligible partnership that receives a grant under this section shall use the grant funds for 1 or more of the following: (1) Providing training services under the demonstration or pilot project, which may include training services that prepare workers for in-demand industry sectors or occupations. (2) Providing assistance for employers in developing a staff position for an individual who will be responsible for supporting training services provided under the grant. (3) Purchasing equipment or technology necessary for training services provided under paragraph (1). (4) Providing job search and other transitional assistance to workers in industries with high rates of job loss. (5) Providing a training stipend to workers for training services. (6) Providing integrated education and training. (e) Report (1) In general Not later than 1 year after an eligible partnership’s completion of a demonstration or pilot project supported under this section, the eligible partnership shall prepare and submit to the Secretary a report regarding— (A) the number of workers who received training services through the demonstration or pilot project; (B) the number of such workers who successfully transitioned into a new position following completion of the training services; (C) the number of individuals who successfully transitioned into an in-demand industry sector or occupation following completion of the training services; (D) annual earnings data for individuals who have completed training services through the demonstration or pilot project; (E) the percentage of individuals described in subparagraph (D) who are in education or training activities, or in employment, during the second quarter after exit from the training services; (F) the percentage of individuals described in subparagraph (D) who are in education or training activities, or in employment, during the fourth quarter after exit from the training services; and (G) any practices used by the partnership that should be considered best practices with respect to training workers in industries that have, or are expected to have, high rates of job loss as a result of automation. (2) Disaggregation Each eligible partnership shall provide the information required under subparagraphs (A) through (F) of paragraph (1) in the aggregate and disaggregated by type of training service and by age, gender, and race of the workers. (f) General requirements An eligible partnership that receives a grant under this section shall use the grant funds in a manner that is consistent with the labor standards and protections described in section 181 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3241 ) and nondiscrimination provisions described in section 188 of such Act ( 29 U.S.C. 3248 ). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2024 through 2028. 5. Expansion of worker training services (a) Adult and dislocated worker employment and training Section 134(d)(1)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(d)(1)(A) ) is amended— (1) in clause (xi), by striking and at the end; (2) in clause (xii), by striking the period and inserting ; and ; and (3) by adding at the end the following: (xiii) training programs for individuals who are, or are likely to become, dislocated workers as a result of automation, including activities that prepare the individuals for occupations in the technology sector.. (b) National dislocated worker grants Section 170 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3225 ) is amended— (1) in subsection (b)(1)(A), by inserting advances in automation technology, before plant closures, ; and (2) by adding at the end the following: Authorization of appropriations In addition to any funds reserved under section 132(a)(2)(A) to carry out this section, there are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2024 through 2028..
12,438
[ "Education and the Workforce Committee" ]
118hr2306ih
118
hr
2,306
ih
To provide for a limitation on availability of funds for Department of State, Administration of Foreign Affairs, Repatriations Loans Program Account, Direct Loans for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Department of State, Administration of Foreign Affairs, Repatriations Loans Program Account, Direct Loans for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of State, Administration of Foreign Affairs, Repatriations Loans Program Account, Direct Loans for fiscal year 2024 may not exceed $1,300,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for Department of State, Administration of Foreign Affairs, Repatriations Loans Program Account, Direct Loans for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Department of State, Administration of Foreign Affairs, Repatriations Loans Program Account, Direct Loans for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of State, Administration of Foreign Affairs, Repatriations Loans Program Account, Direct Loans for fiscal year 2024 may not exceed $1,300,000.
437
[ "Foreign Affairs Committee" ]
118hr813rfs
118
hr
813
rfs
To direct the Secretary of Commerce, in coordination with the heads of other relevant Federal departments and agencies, to conduct an interagency review of and report to Congress on ways to increase the global competitiveness of the United States in attracting foreign direct investment.
[ { "text": "1. Short title \nThis Act may be cited as the Global Investment in American Jobs Act of 2023.", "id": "H235E6317F60C48EB9352DD32D5B998F6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Sense of Congress \nIt is the sense of Congress that— (1) the ability of the United States to attract foreign direct investment from responsible private-sector entities based in trusted countries is directly linked to the long-term economic prosperity, global competitiveness, and security of the United States; (2) it is a top national priority to enhance the global competitiveness, economic prosperity, and security of the United States by— (A) removing unnecessary barriers to foreign direct investment from responsible private-sector entities based in trusted countries and the jobs that such investment creates throughout the United States; (B) promoting policies to ensure the United States remains the premier global destination to invest, hire, innovate, provide services, and manufacture products; (C) promoting policies to ensure the United States remains the global leader in developing and deploying cutting-edge technologies, such as self-driving vehicle technology, artificial intelligence, Internet of Things, quantum computing, blockchain; and (D) promoting policies that maintain and expand resilient supply chains and reduce the dependence of the United States on supply chains from China and other foreign adversaries; (3) maintaining the United States commitment to an open investment policy with private-sector entities based in trusted countries encourages other countries to reciprocate and enable the United States to open new markets abroad for United States companies and their products; (4) while foreign direct investment by responsible private-sector entities based in trusted countries can enhance the United States economic strength, policies regarding foreign direct investment should reflect security interests and should not disadvantage domestic investors, companies, or the workforce; (5) United States efforts to attract foreign direct investment from responsible private-sector entities based in trusted countries should be consistent with efforts to maintain and improve the domestic standard-of-living, including for the workforce; (6) as digital information becomes increasingly important to the United States economy and the development of new technologies and services that will be crucial to the country’s competitiveness in the 21st century global economy, barriers including data localization and infringement of intellectual property rights must be further addressed; (7) foreign direct investment by companies or other entities owned, directed, supported, or influenced by the Chinese Communist Party is a threat to United States security and merits an aggressive policy framework to protect United States interests, jobs, intellectual property, and security; (8) foreign direct investment from any source should not result in the net loss of United States economic activity, productive capabilities, and supply chain resilience; and (9) foreign direct investment from any source should strengthen United States security and support United States workforce, health and safety, consumer, and financial standards.", "id": "H84D0A007500D4C99974EFB6DCCCEF6EB", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "3. Foreign direct investment review \n(a) Review \nThe Secretary, in consultation with the Federal Interagency Investment Working Group established pursuant to Executive Order No. 13577 (76 Fed. Reg. 35715; relating to establishment of the SelectUSA Initiative) and in consultation with the heads of other relevant agencies, shall conduct an interagency review of the global competitiveness of the United States in attracting foreign direct investment from responsible private-sector entities based in trusted countries and addressing key foreign trade barriers that firms in advanced technology sectors face in the global digital economy. (b) Specific Matters To Be Included \nThe review conducted pursuant to subsection (a) shall include a review of the following: (1) The economic impact of foreign direct investment in the United States, with particular focus on manufacturing, services, trade (with an emphasis on digital trade), and United States jobs. (2) Trends in global cross-border investment and data flows and the underlying factors for such trends. (3) Federal Government policies, that facilitate foreign direct investment attraction and retention from responsible private-sector entities based in trusted countries. (4) Foreign direct investment as compared to direct investment by domestic entities. (5) Foreign direct investment that takes the form of greenfield investment as compared to foreign direct investment relating to merger and acquisition activity. (6) The unique challenges posed by foreign direct investment, particularly acquisitions, in the United States by State-owned or State-backed enterprises, especially from State-directed economies, including companies or other entities owned, directed, supported, or influenced by the Chinese Communist Party. (7) Specific information on the prevalence of investments made by State-owned or State-backed enterprises, especially from State-directed economies, including companies or other entities owned, directed, supported, or influenced by the Chinese Communist Party, with a particular focus on investments relating to manufacturing, services, trade (with an emphasis on digital trade), and jobs. (8) How other trusted countries are dealing with the challenge, including screening for and preventing market distorting investments, of State-directed and State-supported investment and whether there are opportunities to work with like-minded nations to address such challenge. (9) Ongoing Federal Government efforts to improve the investment climate and facilitate greater levels of foreign direct investment in the United States from responsible private-sector entities based in trusted countries. (10) Innovative and noteworthy initiatives by State and local government to attract foreign investment from responsible private-sector entities based in trusted countries. (11) Initiatives by other countries to identify best practices for increasing global competitiveness in attracting foreign direct investment from responsible private-sector entities based in trusted countries. (12) The impact that protectionist policies by other countries, including forced data localization rules, forced localization of production, industrial subsidies, and the infringement of intellectual property rights, have on the advanced technology economy of the United States and the ability for United States located firms to develop innovative technologies. (13) Other barriers to the ability of the United States to compete globally in an increasingly connected and digital global economy, including the use of technical barriers to trade (such as country-specific standards for technology products and digital services). (14) The adequacy of efforts by the Federal Government to encourage and facilitate foreign direct investment in the United States. (15) Efforts by the Chinese Communist Party to circumvent existing laws to gain access to United States markets, foreign direct investment responsible private-sector entities based in trusted countries, or intellectual property. (16) The extent to which foreign direct investment from any source, including the Chinese Communist Party, results in displacement, offshoring, or outsourcing, including the impact of such investment on supply chains. (c) Limitation \nThe review conducted pursuant to subsection (a) may not address laws or policies relating to the Committee on Foreign Investment in the United States. (d) Public Comment \n(1) Review \nNot sooner than 60 days before the date on which the review is commenced pursuant to subsection (a), the Secretary shall publish notice of the review in the Federal Register and shall provide an opportunity for public comment on the matters to be covered by the review. (2) Report \nNot sooner than 60 days before the date on which the report is submitted pursuant to subsection (e), the Secretary shall publish the proposed findings and recommendations in the Federal Register and shall provide an opportunity for public comment. (e) Report to congress \nNot later than one year after the date of the enactment of this Act, the Secretary, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant agencies, shall submit to Congress and the Comptroller General a report on the findings of the review required pursuant to subsection (a) and include recommendations for increasing the global competitiveness of the United States in attracting foreign direct investment from responsible private-sector entities based in trusted countries in a manner that strengthens or maintains the security, workforce, consumer, or financial protections of the United States. (f) Comptroller General Review \nNot later than one year after the date on which the Comptroller General receives the report pursuant to subsection (e), the Comptroller General shall submit to Congress a review and assessment of the report. (g) Definitions \nIn this Act: (1) Agency \nThe term agency has the meaning given that term in section 551 of title 5, United States Code. (2) Foreign adversary \nThe term foreign adversary has the meaning given that term in part 7.4 of title 15, Code of Federal Regulations. (3) Responsible private-sector entity \nThe term responsible private-sector entity means an entity that the Secretary determines is— (A) not organized under the laws of a foreign adversary; and (B) not owned, controlled, or otherwise subject to the influence of, a foreign adversary. (4) Secretary \nThe term Secretary means the Secretary of Commerce. (5) State \nThe term State means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (6) Trusted country \nThe term trusted country means a country or economy that is not determined by the Secretary to be a foreign adversary of the United States.", "id": "H8F9E7FE5DBA841A289603DF23AC8791B", "header": "Foreign direct investment review", "nested": [ { "text": "(a) Review \nThe Secretary, in consultation with the Federal Interagency Investment Working Group established pursuant to Executive Order No. 13577 (76 Fed. Reg. 35715; relating to establishment of the SelectUSA Initiative) and in consultation with the heads of other relevant agencies, shall conduct an interagency review of the global competitiveness of the United States in attracting foreign direct investment from responsible private-sector entities based in trusted countries and addressing key foreign trade barriers that firms in advanced technology sectors face in the global digital economy.", "id": "H68CB7992F7434953B5F451F8DB58F56A", "header": "Review", "nested": [], "links": [] }, { "text": "(b) Specific Matters To Be Included \nThe review conducted pursuant to subsection (a) shall include a review of the following: (1) The economic impact of foreign direct investment in the United States, with particular focus on manufacturing, services, trade (with an emphasis on digital trade), and United States jobs. (2) Trends in global cross-border investment and data flows and the underlying factors for such trends. (3) Federal Government policies, that facilitate foreign direct investment attraction and retention from responsible private-sector entities based in trusted countries. (4) Foreign direct investment as compared to direct investment by domestic entities. (5) Foreign direct investment that takes the form of greenfield investment as compared to foreign direct investment relating to merger and acquisition activity. (6) The unique challenges posed by foreign direct investment, particularly acquisitions, in the United States by State-owned or State-backed enterprises, especially from State-directed economies, including companies or other entities owned, directed, supported, or influenced by the Chinese Communist Party. (7) Specific information on the prevalence of investments made by State-owned or State-backed enterprises, especially from State-directed economies, including companies or other entities owned, directed, supported, or influenced by the Chinese Communist Party, with a particular focus on investments relating to manufacturing, services, trade (with an emphasis on digital trade), and jobs. (8) How other trusted countries are dealing with the challenge, including screening for and preventing market distorting investments, of State-directed and State-supported investment and whether there are opportunities to work with like-minded nations to address such challenge. (9) Ongoing Federal Government efforts to improve the investment climate and facilitate greater levels of foreign direct investment in the United States from responsible private-sector entities based in trusted countries. (10) Innovative and noteworthy initiatives by State and local government to attract foreign investment from responsible private-sector entities based in trusted countries. (11) Initiatives by other countries to identify best practices for increasing global competitiveness in attracting foreign direct investment from responsible private-sector entities based in trusted countries. (12) The impact that protectionist policies by other countries, including forced data localization rules, forced localization of production, industrial subsidies, and the infringement of intellectual property rights, have on the advanced technology economy of the United States and the ability for United States located firms to develop innovative technologies. (13) Other barriers to the ability of the United States to compete globally in an increasingly connected and digital global economy, including the use of technical barriers to trade (such as country-specific standards for technology products and digital services). (14) The adequacy of efforts by the Federal Government to encourage and facilitate foreign direct investment in the United States. (15) Efforts by the Chinese Communist Party to circumvent existing laws to gain access to United States markets, foreign direct investment responsible private-sector entities based in trusted countries, or intellectual property. (16) The extent to which foreign direct investment from any source, including the Chinese Communist Party, results in displacement, offshoring, or outsourcing, including the impact of such investment on supply chains.", "id": "H78E33C044A914B54BD38286A7B3FF7AC", "header": "Specific Matters To Be Included", "nested": [], "links": [] }, { "text": "(c) Limitation \nThe review conducted pursuant to subsection (a) may not address laws or policies relating to the Committee on Foreign Investment in the United States.", "id": "H4A22CDA6C57645BAAB7DF9B9CD9524B8", "header": "Limitation", "nested": [], "links": [] }, { "text": "(d) Public Comment \n(1) Review \nNot sooner than 60 days before the date on which the review is commenced pursuant to subsection (a), the Secretary shall publish notice of the review in the Federal Register and shall provide an opportunity for public comment on the matters to be covered by the review. (2) Report \nNot sooner than 60 days before the date on which the report is submitted pursuant to subsection (e), the Secretary shall publish the proposed findings and recommendations in the Federal Register and shall provide an opportunity for public comment.", "id": "H58F60BE1783A45B0940D8C05000C3879", "header": "Public Comment", "nested": [], "links": [] }, { "text": "(e) Report to congress \nNot later than one year after the date of the enactment of this Act, the Secretary, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant agencies, shall submit to Congress and the Comptroller General a report on the findings of the review required pursuant to subsection (a) and include recommendations for increasing the global competitiveness of the United States in attracting foreign direct investment from responsible private-sector entities based in trusted countries in a manner that strengthens or maintains the security, workforce, consumer, or financial protections of the United States.", "id": "H718879461F864D14BB788752D2EAE11E", "header": "Report to congress", "nested": [], "links": [] }, { "text": "(f) Comptroller General Review \nNot later than one year after the date on which the Comptroller General receives the report pursuant to subsection (e), the Comptroller General shall submit to Congress a review and assessment of the report.", "id": "HA04A34DC451549B9B10D06093341F42E", "header": "Comptroller General Review", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this Act: (1) Agency \nThe term agency has the meaning given that term in section 551 of title 5, United States Code. (2) Foreign adversary \nThe term foreign adversary has the meaning given that term in part 7.4 of title 15, Code of Federal Regulations. (3) Responsible private-sector entity \nThe term responsible private-sector entity means an entity that the Secretary determines is— (A) not organized under the laws of a foreign adversary; and (B) not owned, controlled, or otherwise subject to the influence of, a foreign adversary. (4) Secretary \nThe term Secretary means the Secretary of Commerce. (5) State \nThe term State means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (6) Trusted country \nThe term trusted country means a country or economy that is not determined by the Secretary to be a foreign adversary of the United States.", "id": "H2E1264740C994C298385F2EB98C12FEE", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Global Investment in American Jobs Act of 2023. 2. Sense of Congress It is the sense of Congress that— (1) the ability of the United States to attract foreign direct investment from responsible private-sector entities based in trusted countries is directly linked to the long-term economic prosperity, global competitiveness, and security of the United States; (2) it is a top national priority to enhance the global competitiveness, economic prosperity, and security of the United States by— (A) removing unnecessary barriers to foreign direct investment from responsible private-sector entities based in trusted countries and the jobs that such investment creates throughout the United States; (B) promoting policies to ensure the United States remains the premier global destination to invest, hire, innovate, provide services, and manufacture products; (C) promoting policies to ensure the United States remains the global leader in developing and deploying cutting-edge technologies, such as self-driving vehicle technology, artificial intelligence, Internet of Things, quantum computing, blockchain; and (D) promoting policies that maintain and expand resilient supply chains and reduce the dependence of the United States on supply chains from China and other foreign adversaries; (3) maintaining the United States commitment to an open investment policy with private-sector entities based in trusted countries encourages other countries to reciprocate and enable the United States to open new markets abroad for United States companies and their products; (4) while foreign direct investment by responsible private-sector entities based in trusted countries can enhance the United States economic strength, policies regarding foreign direct investment should reflect security interests and should not disadvantage domestic investors, companies, or the workforce; (5) United States efforts to attract foreign direct investment from responsible private-sector entities based in trusted countries should be consistent with efforts to maintain and improve the domestic standard-of-living, including for the workforce; (6) as digital information becomes increasingly important to the United States economy and the development of new technologies and services that will be crucial to the country’s competitiveness in the 21st century global economy, barriers including data localization and infringement of intellectual property rights must be further addressed; (7) foreign direct investment by companies or other entities owned, directed, supported, or influenced by the Chinese Communist Party is a threat to United States security and merits an aggressive policy framework to protect United States interests, jobs, intellectual property, and security; (8) foreign direct investment from any source should not result in the net loss of United States economic activity, productive capabilities, and supply chain resilience; and (9) foreign direct investment from any source should strengthen United States security and support United States workforce, health and safety, consumer, and financial standards. 3. Foreign direct investment review (a) Review The Secretary, in consultation with the Federal Interagency Investment Working Group established pursuant to Executive Order No. 13577 (76 Fed. Reg. 35715; relating to establishment of the SelectUSA Initiative) and in consultation with the heads of other relevant agencies, shall conduct an interagency review of the global competitiveness of the United States in attracting foreign direct investment from responsible private-sector entities based in trusted countries and addressing key foreign trade barriers that firms in advanced technology sectors face in the global digital economy. (b) Specific Matters To Be Included The review conducted pursuant to subsection (a) shall include a review of the following: (1) The economic impact of foreign direct investment in the United States, with particular focus on manufacturing, services, trade (with an emphasis on digital trade), and United States jobs. (2) Trends in global cross-border investment and data flows and the underlying factors for such trends. (3) Federal Government policies, that facilitate foreign direct investment attraction and retention from responsible private-sector entities based in trusted countries. (4) Foreign direct investment as compared to direct investment by domestic entities. (5) Foreign direct investment that takes the form of greenfield investment as compared to foreign direct investment relating to merger and acquisition activity. (6) The unique challenges posed by foreign direct investment, particularly acquisitions, in the United States by State-owned or State-backed enterprises, especially from State-directed economies, including companies or other entities owned, directed, supported, or influenced by the Chinese Communist Party. (7) Specific information on the prevalence of investments made by State-owned or State-backed enterprises, especially from State-directed economies, including companies or other entities owned, directed, supported, or influenced by the Chinese Communist Party, with a particular focus on investments relating to manufacturing, services, trade (with an emphasis on digital trade), and jobs. (8) How other trusted countries are dealing with the challenge, including screening for and preventing market distorting investments, of State-directed and State-supported investment and whether there are opportunities to work with like-minded nations to address such challenge. (9) Ongoing Federal Government efforts to improve the investment climate and facilitate greater levels of foreign direct investment in the United States from responsible private-sector entities based in trusted countries. (10) Innovative and noteworthy initiatives by State and local government to attract foreign investment from responsible private-sector entities based in trusted countries. (11) Initiatives by other countries to identify best practices for increasing global competitiveness in attracting foreign direct investment from responsible private-sector entities based in trusted countries. (12) The impact that protectionist policies by other countries, including forced data localization rules, forced localization of production, industrial subsidies, and the infringement of intellectual property rights, have on the advanced technology economy of the United States and the ability for United States located firms to develop innovative technologies. (13) Other barriers to the ability of the United States to compete globally in an increasingly connected and digital global economy, including the use of technical barriers to trade (such as country-specific standards for technology products and digital services). (14) The adequacy of efforts by the Federal Government to encourage and facilitate foreign direct investment in the United States. (15) Efforts by the Chinese Communist Party to circumvent existing laws to gain access to United States markets, foreign direct investment responsible private-sector entities based in trusted countries, or intellectual property. (16) The extent to which foreign direct investment from any source, including the Chinese Communist Party, results in displacement, offshoring, or outsourcing, including the impact of such investment on supply chains. (c) Limitation The review conducted pursuant to subsection (a) may not address laws or policies relating to the Committee on Foreign Investment in the United States. (d) Public Comment (1) Review Not sooner than 60 days before the date on which the review is commenced pursuant to subsection (a), the Secretary shall publish notice of the review in the Federal Register and shall provide an opportunity for public comment on the matters to be covered by the review. (2) Report Not sooner than 60 days before the date on which the report is submitted pursuant to subsection (e), the Secretary shall publish the proposed findings and recommendations in the Federal Register and shall provide an opportunity for public comment. (e) Report to congress Not later than one year after the date of the enactment of this Act, the Secretary, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant agencies, shall submit to Congress and the Comptroller General a report on the findings of the review required pursuant to subsection (a) and include recommendations for increasing the global competitiveness of the United States in attracting foreign direct investment from responsible private-sector entities based in trusted countries in a manner that strengthens or maintains the security, workforce, consumer, or financial protections of the United States. (f) Comptroller General Review Not later than one year after the date on which the Comptroller General receives the report pursuant to subsection (e), the Comptroller General shall submit to Congress a review and assessment of the report. (g) Definitions In this Act: (1) Agency The term agency has the meaning given that term in section 551 of title 5, United States Code. (2) Foreign adversary The term foreign adversary has the meaning given that term in part 7.4 of title 15, Code of Federal Regulations. (3) Responsible private-sector entity The term responsible private-sector entity means an entity that the Secretary determines is— (A) not organized under the laws of a foreign adversary; and (B) not owned, controlled, or otherwise subject to the influence of, a foreign adversary. (4) Secretary The term Secretary means the Secretary of Commerce. (5) State The term State means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (6) Trusted country The term trusted country means a country or economy that is not determined by the Secretary to be a foreign adversary of the United States.
10,041
[ "Commerce, Science, and Transportation Committee", "Energy and Commerce Committee" ]
118hr5602ih
118
hr
5,602
ih
To amend the Federal Reserve Act to require the Chairman of the Board to address interest rate risk when appearing at semi-annual hearings before the Congress.
[ { "text": "1. Short title \nThis Act may be cited as the Interest Rate Risk Reporting Act.", "id": "H13978BA9F7FC4651864645A5C47F8199", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Required analysis on interest rate risk \nSection 2B(a)(1) of the Federal Reserve Act ( 12 U.S.C. 225a(a) is amended— (1) in subparagraph (A), by striking and at the end and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) an analysis of— (i) the vulnerability of the United States financial system to interest rate risk and any risks to the United States financial system associated with such interest rate risk; and (ii) the overall exposure to interest rate risk of the portfolio of assets held by the Board and the Federal Reserve banks at the time of the analysis..", "id": "H2B8586FE2B7842FB9481CBD60C882CED", "header": "Required analysis on interest rate risk", "nested": [], "links": [ { "text": "12 U.S.C. 225a(a)", "legal-doc": "usc", "parsable-cite": "usc/12/225a" } ] } ]
2
1. Short title This Act may be cited as the Interest Rate Risk Reporting Act. 2. Required analysis on interest rate risk Section 2B(a)(1) of the Federal Reserve Act ( 12 U.S.C. 225a(a) is amended— (1) in subparagraph (A), by striking and at the end and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) an analysis of— (i) the vulnerability of the United States financial system to interest rate risk and any risks to the United States financial system associated with such interest rate risk; and (ii) the overall exposure to interest rate risk of the portfolio of assets held by the Board and the Federal Reserve banks at the time of the analysis..
754
[ "Financial Services Committee" ]
118hr4595ih
118
hr
4,595
ih
To repeal the Federal charter for the National Education Association.
[ { "text": "1. Short title \nThis Act may be cited as the National Education Association Charter Repeal Act.", "id": "HC2EBC39A53364B8A92BA30C814C321E6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The National Education Association (referred to in this section as the NEA ) was chartered in 1906 by an Act of Congress for the purpose to elevate the character and advance the interests of the profession of teaching; and to promote the cause of education in the United States and remains the only labor union that has a Federal charter. (2) By continuing to hold its Federal charter, the NEA is basically receiving a seal of approval from and support of their actions by Congress. (3) The NEA can no longer be considered a public service worthy of its Federal charter as it has drifted substantially from its core mission and become a massive political operation dedicated to electing Democrats and imposing a radical progressive agenda on America’s schools. (4) In July 2019, NEA members held a conference and voted against adding a business item to the organization that stated: The National Education Association will re-dedicate itself to the pursuit of increased student learning in every public school in America by putting a renewed emphasis on quality education. NEA will make student learning the priority of the association.. (5) In the same conference, members voted in support of the right to an abortion, supporting illegal immigrant justice, and expanding professional development for educators to help create student Gender Sexuality Alliance clubs. (6) According to disclosures made to the Office of Labor-Management Standards, from September 2019 to August 2021 the NEA spent over $116.7 million on political activities and lobbying, and in the 2020 election cycle, 95.7 percent of candidate campaign contributions by the NEA went to Democrat candidates. (7) The NEA adopted measures in July 2021 to support critical race theory, calling it reasonable and appropriate , and to spend $56,500 on researching and shaming organizations fighting the inclusion of critical race theory in schools. (8) The NEA and other teacher unions stood in the way of reopening schools in 2020 and 2021 by threatening strikes, donating to Democrat candidates that backed school closures, and influencing CDC guidance process to make it harder for schools to reopen. (9) In 2021, NEA Board Member Mollie Page Mumau wrote on Facebook that shooting people hiding behind religious exemptions to vaccine mandates would be quicker and ultimately safer than putting me and my friends and family at risk.", "id": "H92D399426D7649F4941324AB749E07CF", "header": "Findings", "nested": [], "links": [] }, { "text": "3. National Education Association \nChapter 1511 of title 36, United States Code (which granted a Federal charter to the National Education Association), is repealed.", "id": "H833C66C3984C488181C2622CCE9D69B5", "header": "National Education Association", "nested": [], "links": [ { "text": "Chapter 1511", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/1511" } ] } ]
3
1. Short title This Act may be cited as the National Education Association Charter Repeal Act. 2. Findings Congress finds the following: (1) The National Education Association (referred to in this section as the NEA ) was chartered in 1906 by an Act of Congress for the purpose to elevate the character and advance the interests of the profession of teaching; and to promote the cause of education in the United States and remains the only labor union that has a Federal charter. (2) By continuing to hold its Federal charter, the NEA is basically receiving a seal of approval from and support of their actions by Congress. (3) The NEA can no longer be considered a public service worthy of its Federal charter as it has drifted substantially from its core mission and become a massive political operation dedicated to electing Democrats and imposing a radical progressive agenda on America’s schools. (4) In July 2019, NEA members held a conference and voted against adding a business item to the organization that stated: The National Education Association will re-dedicate itself to the pursuit of increased student learning in every public school in America by putting a renewed emphasis on quality education. NEA will make student learning the priority of the association.. (5) In the same conference, members voted in support of the right to an abortion, supporting illegal immigrant justice, and expanding professional development for educators to help create student Gender Sexuality Alliance clubs. (6) According to disclosures made to the Office of Labor-Management Standards, from September 2019 to August 2021 the NEA spent over $116.7 million on political activities and lobbying, and in the 2020 election cycle, 95.7 percent of candidate campaign contributions by the NEA went to Democrat candidates. (7) The NEA adopted measures in July 2021 to support critical race theory, calling it reasonable and appropriate , and to spend $56,500 on researching and shaming organizations fighting the inclusion of critical race theory in schools. (8) The NEA and other teacher unions stood in the way of reopening schools in 2020 and 2021 by threatening strikes, donating to Democrat candidates that backed school closures, and influencing CDC guidance process to make it harder for schools to reopen. (9) In 2021, NEA Board Member Mollie Page Mumau wrote on Facebook that shooting people hiding behind religious exemptions to vaccine mandates would be quicker and ultimately safer than putting me and my friends and family at risk. 3. National Education Association Chapter 1511 of title 36, United States Code (which granted a Federal charter to the National Education Association), is repealed.
2,704
[ "Judiciary Committee" ]
118hr5262ih
118
hr
5,262
ih
To require the Secretary of Defense to publish information regarding the status of certain cleanup efforts of the Department of Defense, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the DoD PFAS Cleanup Transparency Act of 2023.", "id": "HAD43CF1A55C14C3CBA7DFA5086CE850F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Publication of information regarding status of certain cleanup efforts of Department of Defense \nBeginning not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2701 note) timely and regularly updated information on the status of the cleanup of sites for which the Secretary has obligated amounts for environmental restoration activities.", "id": "H59EFE688BE3044BAA981080E13460526", "header": "Publication of information regarding status of certain cleanup efforts of Department of Defense", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 2701", "legal-doc": "usc", "parsable-cite": "usc/10/2701" } ] } ]
2
1. Short title This Act may be cited as the DoD PFAS Cleanup Transparency Act of 2023. 2. Publication of information regarding status of certain cleanup efforts of Department of Defense Beginning not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2701 note) timely and regularly updated information on the status of the cleanup of sites for which the Secretary has obligated amounts for environmental restoration activities.
695
[ "Armed Services Committee" ]
118hr3521ih
118
hr
3,521
ih
To direct the Secretary of Education to develop and disseminate an evidence-based curriculum for kindergarten through grade 12 on the dangers of vaping and misusing opioids, synthetic drugs, and related substances.
[ { "text": "1. Short title \nThis Act may be cited as the Saving America’s Future by Educating Kids Act of 2023.", "id": "H65BD0589E4D242648A65A3A0F4199C1A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Evidence-based curriculum on substance use disorders \n(a) In general \n(1) Development and dissemination of curriculum \nThe Secretary of Education, in consultation with the partners described in paragraph (2), shall develop and disseminate an evidence-based curriculum for kindergarten through grade 12 on educating students at an age-appropriate level on the dangers and harmful impacts of substances that focuses on opioids, vaping, synthetic drugs, and other related substances of misuse. (2) Partners \nThe partners described in this paragraph are the following: (A) The Assistant Secretary of the Substance Abuse and Mental Health Services Administration. (B) The Director of the Centers for Disease Control and Prevention. (C) The Assistant Secretary of the Administration for Children and Families. (D) The Commissioner of Food and Drugs. (E) The Director of the National Institute on Drug Abuse or a designee of the Director from the National Institute on Drug Abuse. (F) The Director of the National Institute on Alcohol Abuse and Alcoholism or a designee of the Director from the National Institute on Alcohol Abuse and Alcoholism. (G) The Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice or a designee of the Administrator from the Office of Juvenile Justice and Delinquency Prevention. (H) The Director of the Office of National Drug Control Policy. (3) Additional consultation \nThe Secretary of Education may also consult with State educational agencies, local educational agencies, and single State agencies during the development of the evidence-based curriculum under paragraph (1). (4) Review and update \nThe Secretary of Education, in consultation with the partners described in paragraph (2), shall review and update the evidence-based curriculum developed under paragraph (1) every 2 years. (b) Competitive grant program \n(1) In general \nBeginning the first fiscal year following the completion of the development of the evidence-based curriculum under subsection (a)(1), the Secretary of Education, in consultation with the Assistant Secretary for Mental Health and Substance Use, shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to implement the evidence-based curriculum. The Secretary of Education shall award not less than 10 grants during each grant cycle. (2) Application \nA State educational agency that desires to receive a grant under this subsection shall submit an application to the Secretary of Education at such time, in such manner, and accompanied by such information as the Secretary may require. (3) Preference \nIn awarding grants under this subsection, the Secretary of Education shall give preference to States that have experienced the highest drug overdose death rates. (4) Subcontract \nA State educational agency that receives a grant under this subsection may subcontract with community coalitions that are currently, as of the date of application, a recipient of a grant under section 1032 of the Anti-Drug Abuse Act of 1988 ( 21 U.S.C. 1532 ), to implement the evidence-based curriculum, as needed. (5) Annual report \nEach State educational agency that receives a grant under this subsection shall provide an annual report to the Secretary of Education and the Assistant Secretary for Mental Health and Substance Use on the State educational agency's curriculum implementation progress and program reach, in order to monitor the quality of implementation of the evidence-based curriculum. (c) Definitions \nIn this section: (1) Evidence-based \nThe term evidence-based has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Single State agency \nThe term single State agency means the State agency responsible for administering the substance abuse prevention and treatment block grant under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ). (3) State educational agency \nThe term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (d) Funding \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for the period of fiscal years 2024 through 2033.", "id": "H8DDEE33D8AC249C893A87C83EE06147E", "header": "Evidence-based curriculum on substance use disorders", "nested": [ { "text": "(a) In general \n(1) Development and dissemination of curriculum \nThe Secretary of Education, in consultation with the partners described in paragraph (2), shall develop and disseminate an evidence-based curriculum for kindergarten through grade 12 on educating students at an age-appropriate level on the dangers and harmful impacts of substances that focuses on opioids, vaping, synthetic drugs, and other related substances of misuse. (2) Partners \nThe partners described in this paragraph are the following: (A) The Assistant Secretary of the Substance Abuse and Mental Health Services Administration. (B) The Director of the Centers for Disease Control and Prevention. (C) The Assistant Secretary of the Administration for Children and Families. (D) The Commissioner of Food and Drugs. (E) The Director of the National Institute on Drug Abuse or a designee of the Director from the National Institute on Drug Abuse. (F) The Director of the National Institute on Alcohol Abuse and Alcoholism or a designee of the Director from the National Institute on Alcohol Abuse and Alcoholism. (G) The Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice or a designee of the Administrator from the Office of Juvenile Justice and Delinquency Prevention. (H) The Director of the Office of National Drug Control Policy. (3) Additional consultation \nThe Secretary of Education may also consult with State educational agencies, local educational agencies, and single State agencies during the development of the evidence-based curriculum under paragraph (1). (4) Review and update \nThe Secretary of Education, in consultation with the partners described in paragraph (2), shall review and update the evidence-based curriculum developed under paragraph (1) every 2 years.", "id": "H42AF37E2A4B4420C8FB24170DDF77D42", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Competitive grant program \n(1) In general \nBeginning the first fiscal year following the completion of the development of the evidence-based curriculum under subsection (a)(1), the Secretary of Education, in consultation with the Assistant Secretary for Mental Health and Substance Use, shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to implement the evidence-based curriculum. The Secretary of Education shall award not less than 10 grants during each grant cycle. (2) Application \nA State educational agency that desires to receive a grant under this subsection shall submit an application to the Secretary of Education at such time, in such manner, and accompanied by such information as the Secretary may require. (3) Preference \nIn awarding grants under this subsection, the Secretary of Education shall give preference to States that have experienced the highest drug overdose death rates. (4) Subcontract \nA State educational agency that receives a grant under this subsection may subcontract with community coalitions that are currently, as of the date of application, a recipient of a grant under section 1032 of the Anti-Drug Abuse Act of 1988 ( 21 U.S.C. 1532 ), to implement the evidence-based curriculum, as needed. (5) Annual report \nEach State educational agency that receives a grant under this subsection shall provide an annual report to the Secretary of Education and the Assistant Secretary for Mental Health and Substance Use on the State educational agency's curriculum implementation progress and program reach, in order to monitor the quality of implementation of the evidence-based curriculum.", "id": "H8F5C638C1453471BB54CA6797A7E6D35", "header": "Competitive grant program", "nested": [], "links": [ { "text": "21 U.S.C. 1532", "legal-doc": "usc", "parsable-cite": "usc/21/1532" } ] }, { "text": "(c) Definitions \nIn this section: (1) Evidence-based \nThe term evidence-based has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Single State agency \nThe term single State agency means the State agency responsible for administering the substance abuse prevention and treatment block grant under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ). (3) State educational agency \nThe term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).", "id": "HA2168701255444D1B03C0389F77487C1", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "42 U.S.C. 300x–21 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300x-21" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "(d) Funding \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for the period of fiscal years 2024 through 2033.", "id": "H1731895FAEC64D809CE45154B1A45213", "header": "Funding", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 1532", "legal-doc": "usc", "parsable-cite": "usc/21/1532" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "42 U.S.C. 300x–21 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300x-21" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] } ]
2
1. Short title This Act may be cited as the Saving America’s Future by Educating Kids Act of 2023. 2. Evidence-based curriculum on substance use disorders (a) In general (1) Development and dissemination of curriculum The Secretary of Education, in consultation with the partners described in paragraph (2), shall develop and disseminate an evidence-based curriculum for kindergarten through grade 12 on educating students at an age-appropriate level on the dangers and harmful impacts of substances that focuses on opioids, vaping, synthetic drugs, and other related substances of misuse. (2) Partners The partners described in this paragraph are the following: (A) The Assistant Secretary of the Substance Abuse and Mental Health Services Administration. (B) The Director of the Centers for Disease Control and Prevention. (C) The Assistant Secretary of the Administration for Children and Families. (D) The Commissioner of Food and Drugs. (E) The Director of the National Institute on Drug Abuse or a designee of the Director from the National Institute on Drug Abuse. (F) The Director of the National Institute on Alcohol Abuse and Alcoholism or a designee of the Director from the National Institute on Alcohol Abuse and Alcoholism. (G) The Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice or a designee of the Administrator from the Office of Juvenile Justice and Delinquency Prevention. (H) The Director of the Office of National Drug Control Policy. (3) Additional consultation The Secretary of Education may also consult with State educational agencies, local educational agencies, and single State agencies during the development of the evidence-based curriculum under paragraph (1). (4) Review and update The Secretary of Education, in consultation with the partners described in paragraph (2), shall review and update the evidence-based curriculum developed under paragraph (1) every 2 years. (b) Competitive grant program (1) In general Beginning the first fiscal year following the completion of the development of the evidence-based curriculum under subsection (a)(1), the Secretary of Education, in consultation with the Assistant Secretary for Mental Health and Substance Use, shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to implement the evidence-based curriculum. The Secretary of Education shall award not less than 10 grants during each grant cycle. (2) Application A State educational agency that desires to receive a grant under this subsection shall submit an application to the Secretary of Education at such time, in such manner, and accompanied by such information as the Secretary may require. (3) Preference In awarding grants under this subsection, the Secretary of Education shall give preference to States that have experienced the highest drug overdose death rates. (4) Subcontract A State educational agency that receives a grant under this subsection may subcontract with community coalitions that are currently, as of the date of application, a recipient of a grant under section 1032 of the Anti-Drug Abuse Act of 1988 ( 21 U.S.C. 1532 ), to implement the evidence-based curriculum, as needed. (5) Annual report Each State educational agency that receives a grant under this subsection shall provide an annual report to the Secretary of Education and the Assistant Secretary for Mental Health and Substance Use on the State educational agency's curriculum implementation progress and program reach, in order to monitor the quality of implementation of the evidence-based curriculum. (c) Definitions In this section: (1) Evidence-based The term evidence-based has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Single State agency The term single State agency means the State agency responsible for administering the substance abuse prevention and treatment block grant under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ). (3) State educational agency The term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (d) Funding There are authorized to be appropriated to carry out this section such sums as may be necessary for the period of fiscal years 2024 through 2033.
4,468
[ "Education and the Workforce Committee" ]
118hr364ih
118
hr
364
ih
To allow States to elect to observe daylight savings time for the duration of the year, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Daylight Act.", "id": "HD41FF079B81F44B19E36947639E8B60B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Optional year-long application of daylight savings time \nSection 3(a) of the Uniform Time Act of 1966 ( 15 U.S.C. 260a ) is amended— (1) by inserting or may by law apply the advancement of time described in this section for the duration of the year, after may by law exempt itself from the provisions of this subsection providing for the advancement of time, ; (2) by striking the standard time otherwise applicable during that period and inserting the same standard time ; (3) by striking may by law exempt either the entire State as provided in (1) or and inserting , by law, may apply either standard time provided for in paragraph (1) to the entire State, ; and (4) by inserting , or may apply the advancement of time for the duration of the year to the entire area of the State lying within any time zone before the period at the end.", "id": "H0C258C2E0E2C451A836F8E83B766655B", "header": "Optional year-long application of daylight savings time", "nested": [], "links": [ { "text": "15 U.S.C. 260a", "legal-doc": "usc", "parsable-cite": "usc/15/260a" } ] } ]
2
1. Short title This Act may be cited as the Daylight Act. 2. Optional year-long application of daylight savings time Section 3(a) of the Uniform Time Act of 1966 ( 15 U.S.C. 260a ) is amended— (1) by inserting or may by law apply the advancement of time described in this section for the duration of the year, after may by law exempt itself from the provisions of this subsection providing for the advancement of time, ; (2) by striking the standard time otherwise applicable during that period and inserting the same standard time ; (3) by striking may by law exempt either the entire State as provided in (1) or and inserting , by law, may apply either standard time provided for in paragraph (1) to the entire State, ; and (4) by inserting , or may apply the advancement of time for the duration of the year to the entire area of the State lying within any time zone before the period at the end.
901
[ "Energy and Commerce Committee" ]
118hr3295ih
118
hr
3,295
ih
To amend the Communications Act of 1934 to streamline siting processes for telecommunications service facilities, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Barriers and Regulatory Obstacles Avoids Deployment of Broadband Access and Needs Deregulatory Leadership Act or the BROADBAND Leadership Act.", "id": "H4E6A811DF62E458091189972A18A3460", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Removal of barriers to entry \nSection 253 of the Communications Act of 1934 ( 47 U.S.C. 253 ) is amended to read as follows: 253. Removal of barriers to entry \n(a) In general \nNo State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide or enhance the provision of any interstate or intrastate telecommunications service. (b) Placement, construction, or modification of telecommunications service facilities \n(1) Prohibition on discrimination \nThe regulation of the placement, construction, or modification of a telecommunications service facility by a State or local government or instrumentality thereof may not discriminate— (A) among telecommunications service facilities— (i) based on the technology used to provide services; or (ii) based on the services provided; or (B) against telecommunications service facilities, as compared to the regulation of the placement, construction, or modification of other facilities. (2) Timeframe to grant or deny requests \n(A) In general \nA State or local government or instrumentality thereof shall grant or deny a complete request for authorization to place, construct, or modify a telecommunications service facility not later than— (i) if the request is for authorization to place, construct, or modify such facility in or on eligible support infrastructure, 90 days after the date on which the complete request is received by the government or instrumentality; or (ii) for any other action relating to such facility, 150 days after the date on which the complete request is received by the government or instrumentality. (B) Applicability \nThe applicable timeframe under subparagraph (A) shall apply collectively to all proceedings, including permits and authorizations, required by a State or local government or instrumentality thereof for the approval of the request. (C) No tolling \nA timeframe under subparagraph (A) may not be tolled by any moratorium, whether express or de facto, imposed by a State or local government or instrumentality thereof on the submission, acceptance, or consideration of requests for authorization to place, construct, or modify a telecommunications service facility. (3) Deemed granted \n(A) In general \nIf a State or local government or instrumentality thereof has neither granted nor denied a complete request within the applicable timeframe under paragraph (2), the request shall be deemed granted on the date on which the government or instrumentality receives a written notice of the failure to grant or deny from the requesting party. (B) Rule of construction \nIn the case of a request that is deemed granted under subparagraph (A), the placement, construction, or modification requested in such request shall be considered to be authorized, without any further action by the government or instrumentality, beginning on the date on which such request is deemed granted under such subparagraph. (4) Written decision and record \nA decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify a telecommunications service facility shall be— (A) in writing; (B) supported by substantial evidence contained in a written record; and (C) publicly released, and provided to the requesting party, on the same day such decision is made. (5) Fees \n(A) In general \nTo the extent permitted by law, a State or local government or instrumentality thereof may charge a fee that meets the requirements under subparagraph (B)— (i) to consider a request for authorization to place, construct, or modify a telecommunications service facility; or (ii) for use of a right-of-way or a facility in a right-of-way owned or managed by the government or instrumentality for the placement, construction, or modification of a telecommunications service facility. (B) Requirements \nA fee charged under subparagraph (A) shall be— (i) competitively neutral, technology neutral, and nondiscriminatory; (ii) established in advance and publicly disclosed; (iii) calculated— (I) based on actual and direct costs for— (aa) review and processing of requests; and (bb) repairs and replacement of— (AA) components and materials resulting from and affected by the placement, construction, or modification (including the installation or improvement) of telecommunications service facilities; or (BB) equipment that facilitates the placement, construction, or modification (including the installation or improvement) of such facilities; and (II) using, for purposes of subclause (I), only costs that are objectively reasonable; and (iv) described to a requesting party in a manner that distinguishes between— (I) nonrecurring fees and recurring fees; and (II) the use of facilities on which telecommunications service facilities or infrastructure for compatible uses are already located and facilities on which there are no telecommunications service facilities or infrastructure for compatible uses as of the date on which the complete request is received by the government or instrumentality. (c) Judicial review \n(1) In general \nA person adversely affected by a State or local statute, regulation, or other legal requirement, or by a final action or failure to act by a State or local government or instrumentality thereof, that is inconsistent with this section may commence an action in any court of competent jurisdiction. (2) Timing \n(A) Expedited basis \nA court shall hear and decide an action commenced under paragraph (1) on an expedited basis. (B) Final action or failure to act \nAn action may only be commenced under paragraph (1) on the basis of a final action or failure to act by a State or local government or instrumentality thereof, if commenced not later than 30 days after such action or failure to act. (d) Preservation of State regulatory authority \nNothing in this section shall affect the ability of a State to impose, on a competitively neutral and nondiscriminatory basis and consistent with section 254, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers. (e) Preservation of State and local government authority \nNothing in this section affects the authority of a State or local government or instrumentality thereof to manage, on a competitively neutral and nondiscriminatory basis, the public rights-of-way or to require, on a competitively neutral and nondiscriminatory basis, fair and reasonable compensation from telecommunications providers for use of public rights-of-way, if the compensation required meets the requirements of subsection (b)(5). (f) Preemption \n(1) In general \nIf, after notice and an opportunity for public comment, the Commission determines that a State or local government or instrumentality thereof has permitted or imposed a statute, regulation, or legal requirement that violates or is inconsistent with this section, the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency. (2) Timing \nNot later than 120 days after receiving a petition for preemption of the enforcement of a statute, regulation, or legal requirement as described in paragraph (1), the Commission shall grant or deny the petition. (g) Commercial mobile service providers \nNothing in this section shall affect the application of section 332(c)(3) to commercial mobile service providers. (h) Rural markets \nIt shall not be a violation of this section for a State to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section 214(e)(1) for designation as an eligible telecommunications carrier for that area before being permitted to provide such service. This subsection shall not apply— (1) to a service area served by a rural telephone company that has obtained an exemption, suspension, or modification of section 251(c)(4) that effectively prevents a competitor from meeting the requirements of section 214(e)(1); and (2) to a provider of commercial mobile services. (i) When request considered complete; received \n(1) When request considered complete \n(A) In general \nFor the purposes of this section, a request to a State or local government or instrumentality thereof shall be considered complete if the requesting party— (i) has taken the first procedural step within the control of the requesting party— (I) to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such request; or (II) in the case of a government or instrumentality that has not established specific procedures for the review and approval of such request, to submit to the government or instrumentality the type of filing that is typically required to initiate a standard review for a similar facility or structure; and (ii) has not received a written notice from the government or instrumentality within 30 days after the date on which the request is received by the government or instrumentality— (I) stating that all the information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete has not been submitted; (II) identifying the information required to be submitted that was not submitted; and (III) citing a specific provision of a publicly available rule, regulation, or standard of the government or instrumentality that requires the information identified under subclause (II) to be submitted. (B) Definition \nIn this paragraph, the term the date on which the request is received by the government or instrumentality means— (i) in the case of a request submitted electronically, the date on which the request is transmitted; (ii) in the case of a request submitted in person, the date on which the request is delivered to the individual or at the location specified by the government or instrumentality for in-person submission; and (iii) in the case of a request submitted in any other manner, the date determined under regulations promulgated by the Commission for the manner in which the request is submitted. (2) When complete request considered received \nFor the purposes of this section, a complete request shall be considered received— (A) except as provided in subparagraph (B), on the date on which the requesting party submits to the government or instrumentality all information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete; or (B) in the case of a request with respect to which all such information is not submitted and that is considered complete under paragraph (1)(A) because the requesting party has not received a written notice from the government or instrumentality within the period described in such paragraph, on the day after the last day of such period. (j) Definitions \nIn this section: (1) Eligible support infrastructure \nThe term eligible support infrastructure means infrastructure that supports or houses a telecommunications service facility (or that is designed for or capable of supporting or housing such a facility) at the time when a complete request to a State or local government or instrumentality thereof for authorization to place, construct, or modify a telecommunications service facility in or on the infrastructure is received by the government or instrumentality. (2) Telecommunications service facility \nThe term telecommunications service facility — (A) means a facility that is designed or used to provide or facilitate the provision of any interstate or intrastate telecommunications service; and (B) includes a facility described in subparagraph (A) that is used to provide other services..", "id": "H84FA2AF4E3AE40DEB02617184907FC5E", "header": "Removal of barriers to entry", "nested": [], "links": [ { "text": "47 U.S.C. 253", "legal-doc": "usc", "parsable-cite": "usc/47/253" } ] }, { "text": "253. Removal of barriers to entry \n(a) In general \nNo State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide or enhance the provision of any interstate or intrastate telecommunications service. (b) Placement, construction, or modification of telecommunications service facilities \n(1) Prohibition on discrimination \nThe regulation of the placement, construction, or modification of a telecommunications service facility by a State or local government or instrumentality thereof may not discriminate— (A) among telecommunications service facilities— (i) based on the technology used to provide services; or (ii) based on the services provided; or (B) against telecommunications service facilities, as compared to the regulation of the placement, construction, or modification of other facilities. (2) Timeframe to grant or deny requests \n(A) In general \nA State or local government or instrumentality thereof shall grant or deny a complete request for authorization to place, construct, or modify a telecommunications service facility not later than— (i) if the request is for authorization to place, construct, or modify such facility in or on eligible support infrastructure, 90 days after the date on which the complete request is received by the government or instrumentality; or (ii) for any other action relating to such facility, 150 days after the date on which the complete request is received by the government or instrumentality. (B) Applicability \nThe applicable timeframe under subparagraph (A) shall apply collectively to all proceedings, including permits and authorizations, required by a State or local government or instrumentality thereof for the approval of the request. (C) No tolling \nA timeframe under subparagraph (A) may not be tolled by any moratorium, whether express or de facto, imposed by a State or local government or instrumentality thereof on the submission, acceptance, or consideration of requests for authorization to place, construct, or modify a telecommunications service facility. (3) Deemed granted \n(A) In general \nIf a State or local government or instrumentality thereof has neither granted nor denied a complete request within the applicable timeframe under paragraph (2), the request shall be deemed granted on the date on which the government or instrumentality receives a written notice of the failure to grant or deny from the requesting party. (B) Rule of construction \nIn the case of a request that is deemed granted under subparagraph (A), the placement, construction, or modification requested in such request shall be considered to be authorized, without any further action by the government or instrumentality, beginning on the date on which such request is deemed granted under such subparagraph. (4) Written decision and record \nA decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify a telecommunications service facility shall be— (A) in writing; (B) supported by substantial evidence contained in a written record; and (C) publicly released, and provided to the requesting party, on the same day such decision is made. (5) Fees \n(A) In general \nTo the extent permitted by law, a State or local government or instrumentality thereof may charge a fee that meets the requirements under subparagraph (B)— (i) to consider a request for authorization to place, construct, or modify a telecommunications service facility; or (ii) for use of a right-of-way or a facility in a right-of-way owned or managed by the government or instrumentality for the placement, construction, or modification of a telecommunications service facility. (B) Requirements \nA fee charged under subparagraph (A) shall be— (i) competitively neutral, technology neutral, and nondiscriminatory; (ii) established in advance and publicly disclosed; (iii) calculated— (I) based on actual and direct costs for— (aa) review and processing of requests; and (bb) repairs and replacement of— (AA) components and materials resulting from and affected by the placement, construction, or modification (including the installation or improvement) of telecommunications service facilities; or (BB) equipment that facilitates the placement, construction, or modification (including the installation or improvement) of such facilities; and (II) using, for purposes of subclause (I), only costs that are objectively reasonable; and (iv) described to a requesting party in a manner that distinguishes between— (I) nonrecurring fees and recurring fees; and (II) the use of facilities on which telecommunications service facilities or infrastructure for compatible uses are already located and facilities on which there are no telecommunications service facilities or infrastructure for compatible uses as of the date on which the complete request is received by the government or instrumentality. (c) Judicial review \n(1) In general \nA person adversely affected by a State or local statute, regulation, or other legal requirement, or by a final action or failure to act by a State or local government or instrumentality thereof, that is inconsistent with this section may commence an action in any court of competent jurisdiction. (2) Timing \n(A) Expedited basis \nA court shall hear and decide an action commenced under paragraph (1) on an expedited basis. (B) Final action or failure to act \nAn action may only be commenced under paragraph (1) on the basis of a final action or failure to act by a State or local government or instrumentality thereof, if commenced not later than 30 days after such action or failure to act. (d) Preservation of State regulatory authority \nNothing in this section shall affect the ability of a State to impose, on a competitively neutral and nondiscriminatory basis and consistent with section 254, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers. (e) Preservation of State and local government authority \nNothing in this section affects the authority of a State or local government or instrumentality thereof to manage, on a competitively neutral and nondiscriminatory basis, the public rights-of-way or to require, on a competitively neutral and nondiscriminatory basis, fair and reasonable compensation from telecommunications providers for use of public rights-of-way, if the compensation required meets the requirements of subsection (b)(5). (f) Preemption \n(1) In general \nIf, after notice and an opportunity for public comment, the Commission determines that a State or local government or instrumentality thereof has permitted or imposed a statute, regulation, or legal requirement that violates or is inconsistent with this section, the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency. (2) Timing \nNot later than 120 days after receiving a petition for preemption of the enforcement of a statute, regulation, or legal requirement as described in paragraph (1), the Commission shall grant or deny the petition. (g) Commercial mobile service providers \nNothing in this section shall affect the application of section 332(c)(3) to commercial mobile service providers. (h) Rural markets \nIt shall not be a violation of this section for a State to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section 214(e)(1) for designation as an eligible telecommunications carrier for that area before being permitted to provide such service. This subsection shall not apply— (1) to a service area served by a rural telephone company that has obtained an exemption, suspension, or modification of section 251(c)(4) that effectively prevents a competitor from meeting the requirements of section 214(e)(1); and (2) to a provider of commercial mobile services. (i) When request considered complete; received \n(1) When request considered complete \n(A) In general \nFor the purposes of this section, a request to a State or local government or instrumentality thereof shall be considered complete if the requesting party— (i) has taken the first procedural step within the control of the requesting party— (I) to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such request; or (II) in the case of a government or instrumentality that has not established specific procedures for the review and approval of such request, to submit to the government or instrumentality the type of filing that is typically required to initiate a standard review for a similar facility or structure; and (ii) has not received a written notice from the government or instrumentality within 30 days after the date on which the request is received by the government or instrumentality— (I) stating that all the information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete has not been submitted; (II) identifying the information required to be submitted that was not submitted; and (III) citing a specific provision of a publicly available rule, regulation, or standard of the government or instrumentality that requires the information identified under subclause (II) to be submitted. (B) Definition \nIn this paragraph, the term the date on which the request is received by the government or instrumentality means— (i) in the case of a request submitted electronically, the date on which the request is transmitted; (ii) in the case of a request submitted in person, the date on which the request is delivered to the individual or at the location specified by the government or instrumentality for in-person submission; and (iii) in the case of a request submitted in any other manner, the date determined under regulations promulgated by the Commission for the manner in which the request is submitted. (2) When complete request considered received \nFor the purposes of this section, a complete request shall be considered received— (A) except as provided in subparagraph (B), on the date on which the requesting party submits to the government or instrumentality all information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete; or (B) in the case of a request with respect to which all such information is not submitted and that is considered complete under paragraph (1)(A) because the requesting party has not received a written notice from the government or instrumentality within the period described in such paragraph, on the day after the last day of such period. (j) Definitions \nIn this section: (1) Eligible support infrastructure \nThe term eligible support infrastructure means infrastructure that supports or houses a telecommunications service facility (or that is designed for or capable of supporting or housing such a facility) at the time when a complete request to a State or local government or instrumentality thereof for authorization to place, construct, or modify a telecommunications service facility in or on the infrastructure is received by the government or instrumentality. (2) Telecommunications service facility \nThe term telecommunications service facility — (A) means a facility that is designed or used to provide or facilitate the provision of any interstate or intrastate telecommunications service; and (B) includes a facility described in subparagraph (A) that is used to provide other services.", "id": "HDB911755DE904D2B91F617A294127222", "header": "Removal of barriers to entry", "nested": [ { "text": "(a) In general \nNo State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide or enhance the provision of any interstate or intrastate telecommunications service.", "id": "H4C3392FE4E2E4019B9C7048B1EAAA5CF", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Placement, construction, or modification of telecommunications service facilities \n(1) Prohibition on discrimination \nThe regulation of the placement, construction, or modification of a telecommunications service facility by a State or local government or instrumentality thereof may not discriminate— (A) among telecommunications service facilities— (i) based on the technology used to provide services; or (ii) based on the services provided; or (B) against telecommunications service facilities, as compared to the regulation of the placement, construction, or modification of other facilities. (2) Timeframe to grant or deny requests \n(A) In general \nA State or local government or instrumentality thereof shall grant or deny a complete request for authorization to place, construct, or modify a telecommunications service facility not later than— (i) if the request is for authorization to place, construct, or modify such facility in or on eligible support infrastructure, 90 days after the date on which the complete request is received by the government or instrumentality; or (ii) for any other action relating to such facility, 150 days after the date on which the complete request is received by the government or instrumentality. (B) Applicability \nThe applicable timeframe under subparagraph (A) shall apply collectively to all proceedings, including permits and authorizations, required by a State or local government or instrumentality thereof for the approval of the request. (C) No tolling \nA timeframe under subparagraph (A) may not be tolled by any moratorium, whether express or de facto, imposed by a State or local government or instrumentality thereof on the submission, acceptance, or consideration of requests for authorization to place, construct, or modify a telecommunications service facility. (3) Deemed granted \n(A) In general \nIf a State or local government or instrumentality thereof has neither granted nor denied a complete request within the applicable timeframe under paragraph (2), the request shall be deemed granted on the date on which the government or instrumentality receives a written notice of the failure to grant or deny from the requesting party. (B) Rule of construction \nIn the case of a request that is deemed granted under subparagraph (A), the placement, construction, or modification requested in such request shall be considered to be authorized, without any further action by the government or instrumentality, beginning on the date on which such request is deemed granted under such subparagraph. (4) Written decision and record \nA decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify a telecommunications service facility shall be— (A) in writing; (B) supported by substantial evidence contained in a written record; and (C) publicly released, and provided to the requesting party, on the same day such decision is made. (5) Fees \n(A) In general \nTo the extent permitted by law, a State or local government or instrumentality thereof may charge a fee that meets the requirements under subparagraph (B)— (i) to consider a request for authorization to place, construct, or modify a telecommunications service facility; or (ii) for use of a right-of-way or a facility in a right-of-way owned or managed by the government or instrumentality for the placement, construction, or modification of a telecommunications service facility. (B) Requirements \nA fee charged under subparagraph (A) shall be— (i) competitively neutral, technology neutral, and nondiscriminatory; (ii) established in advance and publicly disclosed; (iii) calculated— (I) based on actual and direct costs for— (aa) review and processing of requests; and (bb) repairs and replacement of— (AA) components and materials resulting from and affected by the placement, construction, or modification (including the installation or improvement) of telecommunications service facilities; or (BB) equipment that facilitates the placement, construction, or modification (including the installation or improvement) of such facilities; and (II) using, for purposes of subclause (I), only costs that are objectively reasonable; and (iv) described to a requesting party in a manner that distinguishes between— (I) nonrecurring fees and recurring fees; and (II) the use of facilities on which telecommunications service facilities or infrastructure for compatible uses are already located and facilities on which there are no telecommunications service facilities or infrastructure for compatible uses as of the date on which the complete request is received by the government or instrumentality.", "id": "HF43B8C1CDC7E49E6AE69EF008CCFD3A5", "header": "Placement, construction, or modification of telecommunications service facilities", "nested": [], "links": [] }, { "text": "(c) Judicial review \n(1) In general \nA person adversely affected by a State or local statute, regulation, or other legal requirement, or by a final action or failure to act by a State or local government or instrumentality thereof, that is inconsistent with this section may commence an action in any court of competent jurisdiction. (2) Timing \n(A) Expedited basis \nA court shall hear and decide an action commenced under paragraph (1) on an expedited basis. (B) Final action or failure to act \nAn action may only be commenced under paragraph (1) on the basis of a final action or failure to act by a State or local government or instrumentality thereof, if commenced not later than 30 days after such action or failure to act.", "id": "H8290026345B74AF8A692D9626C4872B7", "header": "Judicial review", "nested": [], "links": [] }, { "text": "(d) Preservation of State regulatory authority \nNothing in this section shall affect the ability of a State to impose, on a competitively neutral and nondiscriminatory basis and consistent with section 254, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers.", "id": "H0B9D16F803BB495EB4D29956B4957365", "header": "Preservation of State regulatory authority", "nested": [], "links": [] }, { "text": "(e) Preservation of State and local government authority \nNothing in this section affects the authority of a State or local government or instrumentality thereof to manage, on a competitively neutral and nondiscriminatory basis, the public rights-of-way or to require, on a competitively neutral and nondiscriminatory basis, fair and reasonable compensation from telecommunications providers for use of public rights-of-way, if the compensation required meets the requirements of subsection (b)(5).", "id": "H32986D265E9B4F9897A1924F28DCE8AC", "header": "Preservation of State and local government authority", "nested": [], "links": [] }, { "text": "(f) Preemption \n(1) In general \nIf, after notice and an opportunity for public comment, the Commission determines that a State or local government or instrumentality thereof has permitted or imposed a statute, regulation, or legal requirement that violates or is inconsistent with this section, the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency. (2) Timing \nNot later than 120 days after receiving a petition for preemption of the enforcement of a statute, regulation, or legal requirement as described in paragraph (1), the Commission shall grant or deny the petition.", "id": "H7F3599CD76484303B389E0CA220B5599", "header": "Preemption", "nested": [], "links": [] }, { "text": "(g) Commercial mobile service providers \nNothing in this section shall affect the application of section 332(c)(3) to commercial mobile service providers.", "id": "H4EEA046C1F14457FA16D6F1610F98F2A", "header": "Commercial mobile service providers", "nested": [], "links": [] }, { "text": "(h) Rural markets \nIt shall not be a violation of this section for a State to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section 214(e)(1) for designation as an eligible telecommunications carrier for that area before being permitted to provide such service. This subsection shall not apply— (1) to a service area served by a rural telephone company that has obtained an exemption, suspension, or modification of section 251(c)(4) that effectively prevents a competitor from meeting the requirements of section 214(e)(1); and (2) to a provider of commercial mobile services.", "id": "HC3789725FAB4496B9C572B21FF5FF2AB", "header": "Rural markets", "nested": [], "links": [] }, { "text": "(i) When request considered complete; received \n(1) When request considered complete \n(A) In general \nFor the purposes of this section, a request to a State or local government or instrumentality thereof shall be considered complete if the requesting party— (i) has taken the first procedural step within the control of the requesting party— (I) to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such request; or (II) in the case of a government or instrumentality that has not established specific procedures for the review and approval of such request, to submit to the government or instrumentality the type of filing that is typically required to initiate a standard review for a similar facility or structure; and (ii) has not received a written notice from the government or instrumentality within 30 days after the date on which the request is received by the government or instrumentality— (I) stating that all the information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete has not been submitted; (II) identifying the information required to be submitted that was not submitted; and (III) citing a specific provision of a publicly available rule, regulation, or standard of the government or instrumentality that requires the information identified under subclause (II) to be submitted. (B) Definition \nIn this paragraph, the term the date on which the request is received by the government or instrumentality means— (i) in the case of a request submitted electronically, the date on which the request is transmitted; (ii) in the case of a request submitted in person, the date on which the request is delivered to the individual or at the location specified by the government or instrumentality for in-person submission; and (iii) in the case of a request submitted in any other manner, the date determined under regulations promulgated by the Commission for the manner in which the request is submitted. (2) When complete request considered received \nFor the purposes of this section, a complete request shall be considered received— (A) except as provided in subparagraph (B), on the date on which the requesting party submits to the government or instrumentality all information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete; or (B) in the case of a request with respect to which all such information is not submitted and that is considered complete under paragraph (1)(A) because the requesting party has not received a written notice from the government or instrumentality within the period described in such paragraph, on the day after the last day of such period.", "id": "HD3611917E7E546CFBE54AA9A89493EA7", "header": "When request considered complete; received", "nested": [], "links": [] }, { "text": "(j) Definitions \nIn this section: (1) Eligible support infrastructure \nThe term eligible support infrastructure means infrastructure that supports or houses a telecommunications service facility (or that is designed for or capable of supporting or housing such a facility) at the time when a complete request to a State or local government or instrumentality thereof for authorization to place, construct, or modify a telecommunications service facility in or on the infrastructure is received by the government or instrumentality. (2) Telecommunications service facility \nThe term telecommunications service facility — (A) means a facility that is designed or used to provide or facilitate the provision of any interstate or intrastate telecommunications service; and (B) includes a facility described in subparagraph (A) that is used to provide other services.", "id": "HC3D5416A5D724F358ECDEA0359D2FFA1", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Barriers and Regulatory Obstacles Avoids Deployment of Broadband Access and Needs Deregulatory Leadership Act or the BROADBAND Leadership Act. 2. Removal of barriers to entry Section 253 of the Communications Act of 1934 ( 47 U.S.C. 253 ) is amended to read as follows: 253. Removal of barriers to entry (a) In general No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide or enhance the provision of any interstate or intrastate telecommunications service. (b) Placement, construction, or modification of telecommunications service facilities (1) Prohibition on discrimination The regulation of the placement, construction, or modification of a telecommunications service facility by a State or local government or instrumentality thereof may not discriminate— (A) among telecommunications service facilities— (i) based on the technology used to provide services; or (ii) based on the services provided; or (B) against telecommunications service facilities, as compared to the regulation of the placement, construction, or modification of other facilities. (2) Timeframe to grant or deny requests (A) In general A State or local government or instrumentality thereof shall grant or deny a complete request for authorization to place, construct, or modify a telecommunications service facility not later than— (i) if the request is for authorization to place, construct, or modify such facility in or on eligible support infrastructure, 90 days after the date on which the complete request is received by the government or instrumentality; or (ii) for any other action relating to such facility, 150 days after the date on which the complete request is received by the government or instrumentality. (B) Applicability The applicable timeframe under subparagraph (A) shall apply collectively to all proceedings, including permits and authorizations, required by a State or local government or instrumentality thereof for the approval of the request. (C) No tolling A timeframe under subparagraph (A) may not be tolled by any moratorium, whether express or de facto, imposed by a State or local government or instrumentality thereof on the submission, acceptance, or consideration of requests for authorization to place, construct, or modify a telecommunications service facility. (3) Deemed granted (A) In general If a State or local government or instrumentality thereof has neither granted nor denied a complete request within the applicable timeframe under paragraph (2), the request shall be deemed granted on the date on which the government or instrumentality receives a written notice of the failure to grant or deny from the requesting party. (B) Rule of construction In the case of a request that is deemed granted under subparagraph (A), the placement, construction, or modification requested in such request shall be considered to be authorized, without any further action by the government or instrumentality, beginning on the date on which such request is deemed granted under such subparagraph. (4) Written decision and record A decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify a telecommunications service facility shall be— (A) in writing; (B) supported by substantial evidence contained in a written record; and (C) publicly released, and provided to the requesting party, on the same day such decision is made. (5) Fees (A) In general To the extent permitted by law, a State or local government or instrumentality thereof may charge a fee that meets the requirements under subparagraph (B)— (i) to consider a request for authorization to place, construct, or modify a telecommunications service facility; or (ii) for use of a right-of-way or a facility in a right-of-way owned or managed by the government or instrumentality for the placement, construction, or modification of a telecommunications service facility. (B) Requirements A fee charged under subparagraph (A) shall be— (i) competitively neutral, technology neutral, and nondiscriminatory; (ii) established in advance and publicly disclosed; (iii) calculated— (I) based on actual and direct costs for— (aa) review and processing of requests; and (bb) repairs and replacement of— (AA) components and materials resulting from and affected by the placement, construction, or modification (including the installation or improvement) of telecommunications service facilities; or (BB) equipment that facilitates the placement, construction, or modification (including the installation or improvement) of such facilities; and (II) using, for purposes of subclause (I), only costs that are objectively reasonable; and (iv) described to a requesting party in a manner that distinguishes between— (I) nonrecurring fees and recurring fees; and (II) the use of facilities on which telecommunications service facilities or infrastructure for compatible uses are already located and facilities on which there are no telecommunications service facilities or infrastructure for compatible uses as of the date on which the complete request is received by the government or instrumentality. (c) Judicial review (1) In general A person adversely affected by a State or local statute, regulation, or other legal requirement, or by a final action or failure to act by a State or local government or instrumentality thereof, that is inconsistent with this section may commence an action in any court of competent jurisdiction. (2) Timing (A) Expedited basis A court shall hear and decide an action commenced under paragraph (1) on an expedited basis. (B) Final action or failure to act An action may only be commenced under paragraph (1) on the basis of a final action or failure to act by a State or local government or instrumentality thereof, if commenced not later than 30 days after such action or failure to act. (d) Preservation of State regulatory authority Nothing in this section shall affect the ability of a State to impose, on a competitively neutral and nondiscriminatory basis and consistent with section 254, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers. (e) Preservation of State and local government authority Nothing in this section affects the authority of a State or local government or instrumentality thereof to manage, on a competitively neutral and nondiscriminatory basis, the public rights-of-way or to require, on a competitively neutral and nondiscriminatory basis, fair and reasonable compensation from telecommunications providers for use of public rights-of-way, if the compensation required meets the requirements of subsection (b)(5). (f) Preemption (1) In general If, after notice and an opportunity for public comment, the Commission determines that a State or local government or instrumentality thereof has permitted or imposed a statute, regulation, or legal requirement that violates or is inconsistent with this section, the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency. (2) Timing Not later than 120 days after receiving a petition for preemption of the enforcement of a statute, regulation, or legal requirement as described in paragraph (1), the Commission shall grant or deny the petition. (g) Commercial mobile service providers Nothing in this section shall affect the application of section 332(c)(3) to commercial mobile service providers. (h) Rural markets It shall not be a violation of this section for a State to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section 214(e)(1) for designation as an eligible telecommunications carrier for that area before being permitted to provide such service. This subsection shall not apply— (1) to a service area served by a rural telephone company that has obtained an exemption, suspension, or modification of section 251(c)(4) that effectively prevents a competitor from meeting the requirements of section 214(e)(1); and (2) to a provider of commercial mobile services. (i) When request considered complete; received (1) When request considered complete (A) In general For the purposes of this section, a request to a State or local government or instrumentality thereof shall be considered complete if the requesting party— (i) has taken the first procedural step within the control of the requesting party— (I) to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such request; or (II) in the case of a government or instrumentality that has not established specific procedures for the review and approval of such request, to submit to the government or instrumentality the type of filing that is typically required to initiate a standard review for a similar facility or structure; and (ii) has not received a written notice from the government or instrumentality within 30 days after the date on which the request is received by the government or instrumentality— (I) stating that all the information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete has not been submitted; (II) identifying the information required to be submitted that was not submitted; and (III) citing a specific provision of a publicly available rule, regulation, or standard of the government or instrumentality that requires the information identified under subclause (II) to be submitted. (B) Definition In this paragraph, the term the date on which the request is received by the government or instrumentality means— (i) in the case of a request submitted electronically, the date on which the request is transmitted; (ii) in the case of a request submitted in person, the date on which the request is delivered to the individual or at the location specified by the government or instrumentality for in-person submission; and (iii) in the case of a request submitted in any other manner, the date determined under regulations promulgated by the Commission for the manner in which the request is submitted. (2) When complete request considered received For the purposes of this section, a complete request shall be considered received— (A) except as provided in subparagraph (B), on the date on which the requesting party submits to the government or instrumentality all information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete; or (B) in the case of a request with respect to which all such information is not submitted and that is considered complete under paragraph (1)(A) because the requesting party has not received a written notice from the government or instrumentality within the period described in such paragraph, on the day after the last day of such period. (j) Definitions In this section: (1) Eligible support infrastructure The term eligible support infrastructure means infrastructure that supports or houses a telecommunications service facility (or that is designed for or capable of supporting or housing such a facility) at the time when a complete request to a State or local government or instrumentality thereof for authorization to place, construct, or modify a telecommunications service facility in or on the infrastructure is received by the government or instrumentality. (2) Telecommunications service facility The term telecommunications service facility — (A) means a facility that is designed or used to provide or facilitate the provision of any interstate or intrastate telecommunications service; and (B) includes a facility described in subparagraph (A) that is used to provide other services.. 253. Removal of barriers to entry (a) In general No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide or enhance the provision of any interstate or intrastate telecommunications service. (b) Placement, construction, or modification of telecommunications service facilities (1) Prohibition on discrimination The regulation of the placement, construction, or modification of a telecommunications service facility by a State or local government or instrumentality thereof may not discriminate— (A) among telecommunications service facilities— (i) based on the technology used to provide services; or (ii) based on the services provided; or (B) against telecommunications service facilities, as compared to the regulation of the placement, construction, or modification of other facilities. (2) Timeframe to grant or deny requests (A) In general A State or local government or instrumentality thereof shall grant or deny a complete request for authorization to place, construct, or modify a telecommunications service facility not later than— (i) if the request is for authorization to place, construct, or modify such facility in or on eligible support infrastructure, 90 days after the date on which the complete request is received by the government or instrumentality; or (ii) for any other action relating to such facility, 150 days after the date on which the complete request is received by the government or instrumentality. (B) Applicability The applicable timeframe under subparagraph (A) shall apply collectively to all proceedings, including permits and authorizations, required by a State or local government or instrumentality thereof for the approval of the request. (C) No tolling A timeframe under subparagraph (A) may not be tolled by any moratorium, whether express or de facto, imposed by a State or local government or instrumentality thereof on the submission, acceptance, or consideration of requests for authorization to place, construct, or modify a telecommunications service facility. (3) Deemed granted (A) In general If a State or local government or instrumentality thereof has neither granted nor denied a complete request within the applicable timeframe under paragraph (2), the request shall be deemed granted on the date on which the government or instrumentality receives a written notice of the failure to grant or deny from the requesting party. (B) Rule of construction In the case of a request that is deemed granted under subparagraph (A), the placement, construction, or modification requested in such request shall be considered to be authorized, without any further action by the government or instrumentality, beginning on the date on which such request is deemed granted under such subparagraph. (4) Written decision and record A decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify a telecommunications service facility shall be— (A) in writing; (B) supported by substantial evidence contained in a written record; and (C) publicly released, and provided to the requesting party, on the same day such decision is made. (5) Fees (A) In general To the extent permitted by law, a State or local government or instrumentality thereof may charge a fee that meets the requirements under subparagraph (B)— (i) to consider a request for authorization to place, construct, or modify a telecommunications service facility; or (ii) for use of a right-of-way or a facility in a right-of-way owned or managed by the government or instrumentality for the placement, construction, or modification of a telecommunications service facility. (B) Requirements A fee charged under subparagraph (A) shall be— (i) competitively neutral, technology neutral, and nondiscriminatory; (ii) established in advance and publicly disclosed; (iii) calculated— (I) based on actual and direct costs for— (aa) review and processing of requests; and (bb) repairs and replacement of— (AA) components and materials resulting from and affected by the placement, construction, or modification (including the installation or improvement) of telecommunications service facilities; or (BB) equipment that facilitates the placement, construction, or modification (including the installation or improvement) of such facilities; and (II) using, for purposes of subclause (I), only costs that are objectively reasonable; and (iv) described to a requesting party in a manner that distinguishes between— (I) nonrecurring fees and recurring fees; and (II) the use of facilities on which telecommunications service facilities or infrastructure for compatible uses are already located and facilities on which there are no telecommunications service facilities or infrastructure for compatible uses as of the date on which the complete request is received by the government or instrumentality. (c) Judicial review (1) In general A person adversely affected by a State or local statute, regulation, or other legal requirement, or by a final action or failure to act by a State or local government or instrumentality thereof, that is inconsistent with this section may commence an action in any court of competent jurisdiction. (2) Timing (A) Expedited basis A court shall hear and decide an action commenced under paragraph (1) on an expedited basis. (B) Final action or failure to act An action may only be commenced under paragraph (1) on the basis of a final action or failure to act by a State or local government or instrumentality thereof, if commenced not later than 30 days after such action or failure to act. (d) Preservation of State regulatory authority Nothing in this section shall affect the ability of a State to impose, on a competitively neutral and nondiscriminatory basis and consistent with section 254, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers. (e) Preservation of State and local government authority Nothing in this section affects the authority of a State or local government or instrumentality thereof to manage, on a competitively neutral and nondiscriminatory basis, the public rights-of-way or to require, on a competitively neutral and nondiscriminatory basis, fair and reasonable compensation from telecommunications providers for use of public rights-of-way, if the compensation required meets the requirements of subsection (b)(5). (f) Preemption (1) In general If, after notice and an opportunity for public comment, the Commission determines that a State or local government or instrumentality thereof has permitted or imposed a statute, regulation, or legal requirement that violates or is inconsistent with this section, the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency. (2) Timing Not later than 120 days after receiving a petition for preemption of the enforcement of a statute, regulation, or legal requirement as described in paragraph (1), the Commission shall grant or deny the petition. (g) Commercial mobile service providers Nothing in this section shall affect the application of section 332(c)(3) to commercial mobile service providers. (h) Rural markets It shall not be a violation of this section for a State to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section 214(e)(1) for designation as an eligible telecommunications carrier for that area before being permitted to provide such service. This subsection shall not apply— (1) to a service area served by a rural telephone company that has obtained an exemption, suspension, or modification of section 251(c)(4) that effectively prevents a competitor from meeting the requirements of section 214(e)(1); and (2) to a provider of commercial mobile services. (i) When request considered complete; received (1) When request considered complete (A) In general For the purposes of this section, a request to a State or local government or instrumentality thereof shall be considered complete if the requesting party— (i) has taken the first procedural step within the control of the requesting party— (I) to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such request; or (II) in the case of a government or instrumentality that has not established specific procedures for the review and approval of such request, to submit to the government or instrumentality the type of filing that is typically required to initiate a standard review for a similar facility or structure; and (ii) has not received a written notice from the government or instrumentality within 30 days after the date on which the request is received by the government or instrumentality— (I) stating that all the information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete has not been submitted; (II) identifying the information required to be submitted that was not submitted; and (III) citing a specific provision of a publicly available rule, regulation, or standard of the government or instrumentality that requires the information identified under subclause (II) to be submitted. (B) Definition In this paragraph, the term the date on which the request is received by the government or instrumentality means— (i) in the case of a request submitted electronically, the date on which the request is transmitted; (ii) in the case of a request submitted in person, the date on which the request is delivered to the individual or at the location specified by the government or instrumentality for in-person submission; and (iii) in the case of a request submitted in any other manner, the date determined under regulations promulgated by the Commission for the manner in which the request is submitted. (2) When complete request considered received For the purposes of this section, a complete request shall be considered received— (A) except as provided in subparagraph (B), on the date on which the requesting party submits to the government or instrumentality all information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete; or (B) in the case of a request with respect to which all such information is not submitted and that is considered complete under paragraph (1)(A) because the requesting party has not received a written notice from the government or instrumentality within the period described in such paragraph, on the day after the last day of such period. (j) Definitions In this section: (1) Eligible support infrastructure The term eligible support infrastructure means infrastructure that supports or houses a telecommunications service facility (or that is designed for or capable of supporting or housing such a facility) at the time when a complete request to a State or local government or instrumentality thereof for authorization to place, construct, or modify a telecommunications service facility in or on the infrastructure is received by the government or instrumentality. (2) Telecommunications service facility The term telecommunications service facility — (A) means a facility that is designed or used to provide or facilitate the provision of any interstate or intrastate telecommunications service; and (B) includes a facility described in subparagraph (A) that is used to provide other services.
24,108
[ "Energy and Commerce Committee" ]
118hr7952ih
118
hr
7,952
ih
To amend title 10, United States Code, to extend parental leave to members of the Coast Guard Reserve.
[ { "text": "1. Short title \nThis Act may be cited as the Coast Guard Reserve Parental Leave Parity Act.", "id": "H0307E434F1264C9FB96FD47638520F32", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of parental leave to members of the Coast Guard Reserve \n(a) Extension \nSection 711 of chapter 40 of title 10, United States Code, is amended, in subsection (b), in the matter preceding paragraph (1), by striking is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who. (b) Technical correction \nSuch section is redesignated as section 710a of such title.", "id": "H8A956F481C6649BC8A93700CF935CB72", "header": "Extension of parental leave to members of the Coast Guard Reserve", "nested": [ { "text": "(a) Extension \nSection 711 of chapter 40 of title 10, United States Code, is amended, in subsection (b), in the matter preceding paragraph (1), by striking is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who.", "id": "H6A5957C16FA34BFE8FE5897A11AE9B21", "header": "Extension", "nested": [], "links": [ { "text": "chapter 40", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/40" } ] }, { "text": "(b) Technical correction \nSuch section is redesignated as section 710a of such title.", "id": "HA14E1843C64B4E1C9FB9B2FDBB12BCBC", "header": "Technical correction", "nested": [], "links": [] } ], "links": [ { "text": "chapter 40", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/40" } ] } ]
2
1. Short title This Act may be cited as the Coast Guard Reserve Parental Leave Parity Act. 2. Extension of parental leave to members of the Coast Guard Reserve (a) Extension Section 711 of chapter 40 of title 10, United States Code, is amended, in subsection (b), in the matter preceding paragraph (1), by striking is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who. (b) Technical correction Such section is redesignated as section 710a of such title.
479
[ "Armed Services Committee" ]
118hr7461ih
118
hr
7,461
ih
To amend the Communications Act of 1934 to prohibit providers of broadband internet access service from charging consumers above certain amounts for certain equipment.
[ { "text": "1. Short title \nThis Act may be cited as the Broadband Equipment Rental Reform Act.", "id": "H89F76CF13699452FA877301FE3B38CD9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on charging consumers above certain amounts for certain rented equipment \nSection 642 of the Communications Act of 1934 ( 47 U.S.C. 562 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Prohibition on charging consumers above certain amounts for certain equipment \nA provider of fixed broadband internet access service that enters into a contract with a consumer after the date of the enactment of this paragraph for the provision of such service may not charge the consumer for renting, leasing, or otherwise providing to the consumer equipment (such as a router or modem) employed on the premises of the consumer for the provision of such service, if the consumer has paid to the provider through monthly rental fees the price offered to the consumer by the provider (at the time the contract was entered into) for purchasing the equipment from the provider..", "id": "H28BA848141DA4C1E8F23F043D805FE59", "header": "Prohibition on charging consumers above certain amounts for certain rented equipment", "nested": [], "links": [ { "text": "47 U.S.C. 562", "legal-doc": "usc", "parsable-cite": "usc/47/562" } ] } ]
2
1. Short title This Act may be cited as the Broadband Equipment Rental Reform Act. 2. Prohibition on charging consumers above certain amounts for certain rented equipment Section 642 of the Communications Act of 1934 ( 47 U.S.C. 562 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Prohibition on charging consumers above certain amounts for certain equipment A provider of fixed broadband internet access service that enters into a contract with a consumer after the date of the enactment of this paragraph for the provision of such service may not charge the consumer for renting, leasing, or otherwise providing to the consumer equipment (such as a router or modem) employed on the premises of the consumer for the provision of such service, if the consumer has paid to the provider through monthly rental fees the price offered to the consumer by the provider (at the time the contract was entered into) for purchasing the equipment from the provider..
1,040
[ "Energy and Commerce Committee" ]
118hr2392ih
118
hr
2,392
ih
To require a seven-day waiting period before the receipt of a firearm.
[ { "text": "1. Short title \nThis Act may be cited as the Pause for Gun Safety Act.", "id": "H37448BA54C154511BE324CF337C4CFDF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. 7 -day waiting period required before the receipt of a firearm \n(a) Prohibition \nSection 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) It shall be unlawful for any person, in or affecting interstate or foreign commerce, to transfer a firearm to a person not licensed under this chapter unless at least 7 calendar days have elapsed since the transferee most recently offered to take possession of the firearm. (2) Paragraph (1) shall not apply to a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively— (A) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; (B) while reasonably necessary for the purposes of hunting, trapping, pest control on a farm or ranch, or fishing, if the transferor— (i) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and (ii) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, pest control on a farm or ranch, or fishing; or (C) while in the presence of the transferor.. (b) Penalties \nSection 924(a) of such title is amended by adding at the end the following: (8) Whoever knowingly violates section 922(aa) shall be fined not more than $250,000, imprisoned not more than 5 years, or both..", "id": "HE75445D5FAE04248828EC7E72C6C1E2F", "header": "7-day waiting period required before the receipt of a firearm", "nested": [ { "text": "(a) Prohibition \nSection 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) It shall be unlawful for any person, in or affecting interstate or foreign commerce, to transfer a firearm to a person not licensed under this chapter unless at least 7 calendar days have elapsed since the transferee most recently offered to take possession of the firearm. (2) Paragraph (1) shall not apply to a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively— (A) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; (B) while reasonably necessary for the purposes of hunting, trapping, pest control on a farm or ranch, or fishing, if the transferor— (i) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and (ii) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, pest control on a farm or ranch, or fishing; or (C) while in the presence of the transferor..", "id": "H95AE1B2F775A48A4A882EEFB657847C5", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Penalties \nSection 924(a) of such title is amended by adding at the end the following: (8) Whoever knowingly violates section 922(aa) shall be fined not more than $250,000, imprisoned not more than 5 years, or both..", "id": "HC3EDD3B173FD4838B49BEBF7A89DFF50", "header": "Penalties", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Effective date \nThe amendments made by this Act shall apply to conduct engaged in after the 90-day period that begins with the date of the enactment of this Act.", "id": "H36DD07B7925C439996053E6B24DA60F4", "header": "Effective date", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Pause for Gun Safety Act. 2. 7 -day waiting period required before the receipt of a firearm (a) Prohibition Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) It shall be unlawful for any person, in or affecting interstate or foreign commerce, to transfer a firearm to a person not licensed under this chapter unless at least 7 calendar days have elapsed since the transferee most recently offered to take possession of the firearm. (2) Paragraph (1) shall not apply to a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively— (A) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; (B) while reasonably necessary for the purposes of hunting, trapping, pest control on a farm or ranch, or fishing, if the transferor— (i) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and (ii) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, pest control on a farm or ranch, or fishing; or (C) while in the presence of the transferor.. (b) Penalties Section 924(a) of such title is amended by adding at the end the following: (8) Whoever knowingly violates section 922(aa) shall be fined not more than $250,000, imprisoned not more than 5 years, or both.. 3. Effective date The amendments made by this Act shall apply to conduct engaged in after the 90-day period that begins with the date of the enactment of this Act.
1,828
[ "Judiciary Committee" ]
118hr6640ih
118
hr
6,640
ih
To secure the rights and dignity of marriage for Disabled Adult Children, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Marriage Equality for Disabled Adults Act.", "id": "HFAF8DF6BDEF84A2F92A29BB5411ACCC5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Elimination of marriage restriction for disabled adult children \n(a) In general \nSection 202(d) of the Social Security Act ( 42 U.S.C. 402(d) ) is amended— (1) in paragraph (1)(B), by striking was unmarried and ; (2) by amending paragraph (1)(D) to read as follows: (D) the month in which such child dies; ; and (3) by striking paragraph (5). (b) Conforming amendment \nSection 202(s)(2) of such Act ( 42 U.S.C. 402(s)(2) ) is amended by striking (d)(5),.", "id": "HD21CF426709E453EA52A04DA9AF9FF25", "header": "Elimination of marriage restriction for disabled adult children", "nested": [ { "text": "(a) In general \nSection 202(d) of the Social Security Act ( 42 U.S.C. 402(d) ) is amended— (1) in paragraph (1)(B), by striking was unmarried and ; (2) by amending paragraph (1)(D) to read as follows: (D) the month in which such child dies; ; and (3) by striking paragraph (5).", "id": "H547DE89F56B84D9B912CED72937161EF", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 402(d)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "(b) Conforming amendment \nSection 202(s)(2) of such Act ( 42 U.S.C. 402(s)(2) ) is amended by striking (d)(5),.", "id": "HBAFA7C6329004ACF942CB47CDF15880C", "header": "Conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 402(s)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] } ], "links": [ { "text": "42 U.S.C. 402(d)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(s)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "3. Modification of rules to determine marital relationships \n(a) In general \nSection 1614(d) of the Social Security Act ( 42 U.S.C. 1382c(d) ) is amended by striking except that and all that follows through the end of the subsection and inserting except that if two individuals have been determined to be married under section 216(h)(1) for purposes of title II they shall be considered (from and after the date of such determination or the date of their application for benefits under this title, whichever is later) to be married for purposes of this title.. (b) Conforming amendments \nTitle XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ) is amended— (1) in section 1611(e)(3)— (A) by striking a husband and wife each place it appears and inserting two married individuals ; and (B) by striking such husband and wife and inserting such married individuals ; (2) in section 1614(b)— (A) in the first sentence, by striking the husband or wife of and inserting married to ; and (B) in the second sentence, by striking husband and wife and inserting married ; and (3) in section 1631(b)(1)(A)(i), by striking husband or wife and inserting spouse.", "id": "HAAD6B52B51E04292B4257D70FE45D3E9", "header": "Modification of rules to determine marital relationships", "nested": [ { "text": "(a) In general \nSection 1614(d) of the Social Security Act ( 42 U.S.C. 1382c(d) ) is amended by striking except that and all that follows through the end of the subsection and inserting except that if two individuals have been determined to be married under section 216(h)(1) for purposes of title II they shall be considered (from and after the date of such determination or the date of their application for benefits under this title, whichever is later) to be married for purposes of this title..", "id": "H8BE0AF7769C24BE9938EE6777DE1D9E4", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1382c(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1382c" } ] }, { "text": "(b) Conforming amendments \nTitle XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ) is amended— (1) in section 1611(e)(3)— (A) by striking a husband and wife each place it appears and inserting two married individuals ; and (B) by striking such husband and wife and inserting such married individuals ; (2) in section 1614(b)— (A) in the first sentence, by striking the husband or wife of and inserting married to ; and (B) in the second sentence, by striking husband and wife and inserting married ; and (3) in section 1631(b)(1)(A)(i), by striking husband or wife and inserting spouse.", "id": "H706C97EFA07E4708A3EB7B6A2766BA22", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 1381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1381" } ] } ], "links": [ { "text": "42 U.S.C. 1382c(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1382c" }, { "text": "42 U.S.C. 1381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1381" } ] }, { "text": "4. Income and resource deeming rules \nSection 1614(f) of the Social Security Act ( 42 U.S.C. 1382c(f) ) is amended by adding at the end the following: (5) Notwithstanding paragraph (1) of this subsection, for purposes of determining eligibility for, and the amount of, benefits for a married individual who is entitled to a child’s insurance benefit based on a disability under section 202(d), or for the spouse of such an individual, the income and resources of the one spouse is deemed to not include any income or resources of the other spouse..", "id": "H4BE3EC641DA9464B9F0A3C8E9576B83B", "header": "Income and resource deeming rules", "nested": [], "links": [ { "text": "42 U.S.C. 1382c(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1382c" } ] }, { "text": "5. Retention of Medicaid for certain married individuals \nSection 1634 of the Social Security Act ( 42 U.S.C. 1383(c) ) is amended by adding at the end the following: (e) In the case of a State that exercises the option under section 1902(f), any individual who— (1) is a married individual who is entitled to a child’s insurance benefit based on a disability for any month under section 202(d) or the spouse of such an individual; and (2) would be eligible for medical assistance under the State plan approved under title XIX if the individual were unmarried, shall remain eligible for medical assistance under such plan for so long as the individual satisfies the criteria described in paragraphs (1) and (2)..", "id": "HD060ECA5A4A4476A8DC1DC8F24E3CDCE", "header": "Retention of Medicaid for certain married individuals", "nested": [], "links": [ { "text": "42 U.S.C. 1383(c)", "legal-doc": "usc", "parsable-cite": "usc/42/1383" } ] }, { "text": "6. Sense of Congress \nIt is the sense of the United States Congress that— (1) Disabled Adult Children, if married, should remain eligible for all Medicare, Medicaid, and Social Security benefits under the same terms as they would if unmarried, regardless of State of residence or State Medicaid law; specifically, this legislation should not impact a Disabled Adult Child’s eligibility for any Medicaid services for which they were eligible when unmarried; (2) regardless of marital status, eligibility of Disabled Adult Children to receive Federal Medicare, Medicaid, and Social Security benefits should not be impacted by any holding out status as defined in section 1382c(d) of title 42, United States Code; and (3) Disabled Adult Children’s eligibility for Social Security Disability Insurance benefits should not be conditioned on geographic location or residency in the United States.", "id": "HFEF9C01A5C7D4F0C9A9CC6D7FF621134", "header": "Sense of Congress", "nested": [], "links": [] } ]
6
1. Short title This Act may be cited as the Marriage Equality for Disabled Adults Act. 2. Elimination of marriage restriction for disabled adult children (a) In general Section 202(d) of the Social Security Act ( 42 U.S.C. 402(d) ) is amended— (1) in paragraph (1)(B), by striking was unmarried and ; (2) by amending paragraph (1)(D) to read as follows: (D) the month in which such child dies; ; and (3) by striking paragraph (5). (b) Conforming amendment Section 202(s)(2) of such Act ( 42 U.S.C. 402(s)(2) ) is amended by striking (d)(5),. 3. Modification of rules to determine marital relationships (a) In general Section 1614(d) of the Social Security Act ( 42 U.S.C. 1382c(d) ) is amended by striking except that and all that follows through the end of the subsection and inserting except that if two individuals have been determined to be married under section 216(h)(1) for purposes of title II they shall be considered (from and after the date of such determination or the date of their application for benefits under this title, whichever is later) to be married for purposes of this title.. (b) Conforming amendments Title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ) is amended— (1) in section 1611(e)(3)— (A) by striking a husband and wife each place it appears and inserting two married individuals ; and (B) by striking such husband and wife and inserting such married individuals ; (2) in section 1614(b)— (A) in the first sentence, by striking the husband or wife of and inserting married to ; and (B) in the second sentence, by striking husband and wife and inserting married ; and (3) in section 1631(b)(1)(A)(i), by striking husband or wife and inserting spouse. 4. Income and resource deeming rules Section 1614(f) of the Social Security Act ( 42 U.S.C. 1382c(f) ) is amended by adding at the end the following: (5) Notwithstanding paragraph (1) of this subsection, for purposes of determining eligibility for, and the amount of, benefits for a married individual who is entitled to a child’s insurance benefit based on a disability under section 202(d), or for the spouse of such an individual, the income and resources of the one spouse is deemed to not include any income or resources of the other spouse.. 5. Retention of Medicaid for certain married individuals Section 1634 of the Social Security Act ( 42 U.S.C. 1383(c) ) is amended by adding at the end the following: (e) In the case of a State that exercises the option under section 1902(f), any individual who— (1) is a married individual who is entitled to a child’s insurance benefit based on a disability for any month under section 202(d) or the spouse of such an individual; and (2) would be eligible for medical assistance under the State plan approved under title XIX if the individual were unmarried, shall remain eligible for medical assistance under such plan for so long as the individual satisfies the criteria described in paragraphs (1) and (2).. 6. Sense of Congress It is the sense of the United States Congress that— (1) Disabled Adult Children, if married, should remain eligible for all Medicare, Medicaid, and Social Security benefits under the same terms as they would if unmarried, regardless of State of residence or State Medicaid law; specifically, this legislation should not impact a Disabled Adult Child’s eligibility for any Medicaid services for which they were eligible when unmarried; (2) regardless of marital status, eligibility of Disabled Adult Children to receive Federal Medicare, Medicaid, and Social Security benefits should not be impacted by any holding out status as defined in section 1382c(d) of title 42, United States Code; and (3) Disabled Adult Children’s eligibility for Social Security Disability Insurance benefits should not be conditioned on geographic location or residency in the United States.
3,854
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr7370ih
118
hr
7,370
ih
To amend the Geothermal Steam Act of 1970 to establish a deadline for processing applications related to geothermal leasing.
[ { "text": "1. Short title \nThis Act may be cited as the Geothermal Energy Opportunity Act or the GEO Act.", "id": "H68A1C2F280E04A3CB2A09CE5294CED58", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Effect of pending civil actions on processing applications related to geothermal leasing \nSection 4 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1003 ) is amended by adding at the end the following: (h) Effect of pending civil actions on processing applications related to geothermal leasing \n(1) Requirement to process applications \nNotwithstanding the existence of any pending civil action that affects an application for a geothermal drilling permit, sundry notice, notice to proceed, right-of-way, or other authorization or approval under a valid existing geothermal lease, the Secretary shall, unless a United States Federal court vacated the applicable geothermal lease, process each such application not later than 30 days after completing all environmental documents required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) for the authorization or approval. (2) No new authority for Federal courts \nNothing in this subsection shall be construed as providing authority to a Federal court to vacate a geothermal lease..", "id": "HAF60DCD09A3341D0B01A2DCBB2261D26", "header": "Effect of pending civil actions on processing applications related to geothermal leasing", "nested": [], "links": [ { "text": "30 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/30/1003" }, { "text": "42 U.S.C. 4332(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/4332" } ] } ]
2
1. Short title This Act may be cited as the Geothermal Energy Opportunity Act or the GEO Act. 2. Effect of pending civil actions on processing applications related to geothermal leasing Section 4 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1003 ) is amended by adding at the end the following: (h) Effect of pending civil actions on processing applications related to geothermal leasing (1) Requirement to process applications Notwithstanding the existence of any pending civil action that affects an application for a geothermal drilling permit, sundry notice, notice to proceed, right-of-way, or other authorization or approval under a valid existing geothermal lease, the Secretary shall, unless a United States Federal court vacated the applicable geothermal lease, process each such application not later than 30 days after completing all environmental documents required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) for the authorization or approval. (2) No new authority for Federal courts Nothing in this subsection shall be construed as providing authority to a Federal court to vacate a geothermal lease..
1,177
[ "Natural Resources Committee" ]
118hr4587ih
118
hr
4,587
ih
To provide that the Administrator of the National Oceanic and Atmospheric Administration shall not issue an interim or final rule that includes an area closure in the South Atlantic for species managed under the Snapper-Grouper Fishery Management Plan until the South Atlantic Great Red Snapper Count study is complete and the data related to that study is integrated into the stock assessment.
[ { "text": "1. Short title \nThis Act may be cited as the Red Snapper Act.", "id": "H6D29293F300A4E129678A8B4A52A4030", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Conditions for Rules related to certain area closures \n(a) Findings \nCongress finds the following: (1) Fishing is a major economic driver in the South Atlantic. In Florida alone, recreational anglers provide $14,000,000,000 in economic output and support 119,000 jobs. (2) Red snapper is a highly prized and sought after reef fish by both recreational and commercial fishermen. (3) The 6-day recreational red snapper season in 2018 added $13,000,000 to the gross domestic product of the South Atlantic region. (4) For the last 10 years, fishery managers have successfully been working to rebuild the red snapper stock in the South Atlantic. There is currently record high abundance and strong recruitment within the stock. (5) This record abundance has led to increased out-of-season encounters and discards which is driving red snapper mortality. (6) Despite these increased discards, it is the overriding opinion of the South Atlantic Fishery Management Council’s Snapper Grouper Advisory Panel that based on members’ collective on-the-water experience, the red snapper fishery is recovered. (7) However, options for future consideration to reduce out-of-season encounters and red snapper mortalities include shorter seasons and broad area closures for the snapper-grouper fishery in the South Atlantic. (8) The State of Florida is concerned with the economic implications of area closures for the South Atlantic snapper-grouper recreational fishery. (9) $5,100,000 has been invested in independent survey data over the last three fiscal years, including $3,300,000 for the South Atlantic Great Red Snapper Count to estimate the number of red snapper (Lutjanus campechanus) in the South Atlantic waters from North Carolina to Florida. (10) The National Marine Fisheries Service should incorporate data from this survey into the National Marine Fisheries Service stock assessments as expeditiously as possible to better inform fishery management decisions. (b) Condition on issuance of rule \nThe Administrator of the National Oceanic and Atmospheric Administration shall not issue an interim or final rule that includes an area closure in the South Atlantic for species managed under the Snapper-Grouper Fishery Management Plan until— (1) the South Atlantic Great Red Snapper Count study is complete; and (2) the data related to that study is integrated into the upcoming South Atlantic red snapper research track and operational stock assessment.", "id": "H393BDFA9F73244FF9CAE3632C17643BF", "header": "Conditions for Rules related to certain area closures", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Fishing is a major economic driver in the South Atlantic. In Florida alone, recreational anglers provide $14,000,000,000 in economic output and support 119,000 jobs. (2) Red snapper is a highly prized and sought after reef fish by both recreational and commercial fishermen. (3) The 6-day recreational red snapper season in 2018 added $13,000,000 to the gross domestic product of the South Atlantic region. (4) For the last 10 years, fishery managers have successfully been working to rebuild the red snapper stock in the South Atlantic. There is currently record high abundance and strong recruitment within the stock. (5) This record abundance has led to increased out-of-season encounters and discards which is driving red snapper mortality. (6) Despite these increased discards, it is the overriding opinion of the South Atlantic Fishery Management Council’s Snapper Grouper Advisory Panel that based on members’ collective on-the-water experience, the red snapper fishery is recovered. (7) However, options for future consideration to reduce out-of-season encounters and red snapper mortalities include shorter seasons and broad area closures for the snapper-grouper fishery in the South Atlantic. (8) The State of Florida is concerned with the economic implications of area closures for the South Atlantic snapper-grouper recreational fishery. (9) $5,100,000 has been invested in independent survey data over the last three fiscal years, including $3,300,000 for the South Atlantic Great Red Snapper Count to estimate the number of red snapper (Lutjanus campechanus) in the South Atlantic waters from North Carolina to Florida. (10) The National Marine Fisheries Service should incorporate data from this survey into the National Marine Fisheries Service stock assessments as expeditiously as possible to better inform fishery management decisions.", "id": "HD32B30D40D1541A1BBEF15D2FC4B484B", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Condition on issuance of rule \nThe Administrator of the National Oceanic and Atmospheric Administration shall not issue an interim or final rule that includes an area closure in the South Atlantic for species managed under the Snapper-Grouper Fishery Management Plan until— (1) the South Atlantic Great Red Snapper Count study is complete; and (2) the data related to that study is integrated into the upcoming South Atlantic red snapper research track and operational stock assessment.", "id": "H6F5FA647D95D4A5B9011CD8A54D9930A", "header": "Condition on issuance of rule", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Red Snapper Act. 2. Conditions for Rules related to certain area closures (a) Findings Congress finds the following: (1) Fishing is a major economic driver in the South Atlantic. In Florida alone, recreational anglers provide $14,000,000,000 in economic output and support 119,000 jobs. (2) Red snapper is a highly prized and sought after reef fish by both recreational and commercial fishermen. (3) The 6-day recreational red snapper season in 2018 added $13,000,000 to the gross domestic product of the South Atlantic region. (4) For the last 10 years, fishery managers have successfully been working to rebuild the red snapper stock in the South Atlantic. There is currently record high abundance and strong recruitment within the stock. (5) This record abundance has led to increased out-of-season encounters and discards which is driving red snapper mortality. (6) Despite these increased discards, it is the overriding opinion of the South Atlantic Fishery Management Council’s Snapper Grouper Advisory Panel that based on members’ collective on-the-water experience, the red snapper fishery is recovered. (7) However, options for future consideration to reduce out-of-season encounters and red snapper mortalities include shorter seasons and broad area closures for the snapper-grouper fishery in the South Atlantic. (8) The State of Florida is concerned with the economic implications of area closures for the South Atlantic snapper-grouper recreational fishery. (9) $5,100,000 has been invested in independent survey data over the last three fiscal years, including $3,300,000 for the South Atlantic Great Red Snapper Count to estimate the number of red snapper (Lutjanus campechanus) in the South Atlantic waters from North Carolina to Florida. (10) The National Marine Fisheries Service should incorporate data from this survey into the National Marine Fisheries Service stock assessments as expeditiously as possible to better inform fishery management decisions. (b) Condition on issuance of rule The Administrator of the National Oceanic and Atmospheric Administration shall not issue an interim or final rule that includes an area closure in the South Atlantic for species managed under the Snapper-Grouper Fishery Management Plan until— (1) the South Atlantic Great Red Snapper Count study is complete; and (2) the data related to that study is integrated into the upcoming South Atlantic red snapper research track and operational stock assessment.
2,513
[ "Natural Resources Committee" ]
118hr6321ih
118
hr
6,321
ih
To establish a manufactured housing community improvement grant program, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Preservation and Reinvestment Initiative for Community Enhancement Act or the PRICE Act.", "id": "H4973FB221D8340099E9F8C1B747552A8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Manufactured housing community improvement grant program \n(a) Definitions \nIn this section: (1) Community development financial institution \nThe term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (2) Eligible manufactured home community \nThe term eligible manufactured home community means a manufactured home community that— (A) is affordable to low- and moderate-income persons; and (B) (i) is owned by the residents of the manufactured home community through a resident-controlled entity such as a resident-owned cooperative, as defined by the Secretary; or (ii) will be maintained as such a community, and remain affordable for low- and moderate-income persons, to the maximum extent practicable and for the longest period feasible. (3) Eligible recipient \nThe term eligible recipient means— (A) an eligible manufactured home community; (B) a unit of general local government, including a housing authority; (C) a resident-owned community; (D) a resident-owned cooperative; (E) a nonprofit entity with housing expertise or a consortia of such entities; (F) a community development financial institution; (G) an Indian Tribe or tribally designated housing entity; or (H) any other entity approved by the Secretary working with an eligible manufactured home community. (4) Indian Tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (5) Low- and moderate-income persons; unit of general local government \nThe terms low- and moderate-income persons and unit of general local government have the meanings given those terms in section 102(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302(a) ). (6) Manufactured home community \nThe term manufactured home community means any community, court, or park equipped to accommodate manufactured homes for which pad sites, with or without existing manufactured homes or other allowed homes, or other suitable sites, are used primarily for residential purposes, with any additional requirements as determined by the Secretary, including any manufactured housing community as such term is used for purposes of the program of the Federal National Mortgage Association for multifamily loans for manufactured housing communities and the program of the Federal Home Loan Mortgage Corporation for loans for manufactured housing communities. (7) Resiliency activities \nThe term resiliency activities means the reconstruction, repair, or replacement of manufactured housing and manufactured home communities to protect the health and safety of manufactured housing residents and to address weatherization and energy efficiency needs. (8) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development. (b) Establishment \nThe Secretary shall carry out a competitive grant program to award funds to eligible recipients to carry out eligible projects for improvements in eligible manufactured home communities. (c) Eligible projects \n(1) In general \nAmounts from grants under this section— (A) shall be used to assist in carrying out a project for construction, reconstruction, repair, or clearance of housing, facilities and improvements in or serving a manufactured home community that is necessary to protect the health and safety of the residents of the manufactured home community and the long-term sustainability of the community; and (B) may be used for infrastructure, planning, resident and community services (including relocation assistance, eviction prevention, and down payment assistance), resiliency activities, replacement of outdated homes, and assistance for manufactured housing land and site acquisition. (2) Replacement \nFor purposes of paragraph (1), with respect to manufactured housing that was built before 1976, amounts from grants under this section may be used only for replacement of that housing. (d) Priority \nIn awarding grants under this section, the Secretary shall prioritize applicants that will carry out activities that primarily benefit low- or moderately low-income residents and preserve long-term housing affordability for residents of manufactured home communities. (e) Waivers \nThe Secretary may waive or specify alternative requirements for any provision of law or regulation that the Secretary administers in connection with use of amounts made available under this section other than requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is not inconsistent with the overall purposes of such Act and that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section. (f) Implementation \n(1) In general \nThe Secretary shall have authority to issue such regulations, notices, or other guidance, forms, instructions, and publications to carry out the programs, projects, or activities authorized under this section to ensure that such programs, projects, or activities are completed in a timely and effective manner. (2) Fund \nThe Secretary may establish a separate fund to award grants under this section to Indian Tribes. (g) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.", "id": "H9DD67EE1BC9B4D228FFFA089A73968F6", "header": "Manufactured housing community improvement grant program", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Community development financial institution \nThe term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (2) Eligible manufactured home community \nThe term eligible manufactured home community means a manufactured home community that— (A) is affordable to low- and moderate-income persons; and (B) (i) is owned by the residents of the manufactured home community through a resident-controlled entity such as a resident-owned cooperative, as defined by the Secretary; or (ii) will be maintained as such a community, and remain affordable for low- and moderate-income persons, to the maximum extent practicable and for the longest period feasible. (3) Eligible recipient \nThe term eligible recipient means— (A) an eligible manufactured home community; (B) a unit of general local government, including a housing authority; (C) a resident-owned community; (D) a resident-owned cooperative; (E) a nonprofit entity with housing expertise or a consortia of such entities; (F) a community development financial institution; (G) an Indian Tribe or tribally designated housing entity; or (H) any other entity approved by the Secretary working with an eligible manufactured home community. (4) Indian Tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (5) Low- and moderate-income persons; unit of general local government \nThe terms low- and moderate-income persons and unit of general local government have the meanings given those terms in section 102(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302(a) ). (6) Manufactured home community \nThe term manufactured home community means any community, court, or park equipped to accommodate manufactured homes for which pad sites, with or without existing manufactured homes or other allowed homes, or other suitable sites, are used primarily for residential purposes, with any additional requirements as determined by the Secretary, including any manufactured housing community as such term is used for purposes of the program of the Federal National Mortgage Association for multifamily loans for manufactured housing communities and the program of the Federal Home Loan Mortgage Corporation for loans for manufactured housing communities. (7) Resiliency activities \nThe term resiliency activities means the reconstruction, repair, or replacement of manufactured housing and manufactured home communities to protect the health and safety of manufactured housing residents and to address weatherization and energy efficiency needs. (8) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development.", "id": "HA8FF53988CA141848A86D32DF45900E0", "header": "Definitions", "nested": [], "links": [ { "text": "12 U.S.C. 4702", "legal-doc": "usc", "parsable-cite": "usc/12/4702" }, { "text": "25 U.S.C. 4103", "legal-doc": "usc", "parsable-cite": "usc/25/4103" }, { "text": "42 U.S.C. 5302(a)", "legal-doc": "usc", "parsable-cite": "usc/42/5302" } ] }, { "text": "(b) Establishment \nThe Secretary shall carry out a competitive grant program to award funds to eligible recipients to carry out eligible projects for improvements in eligible manufactured home communities.", "id": "H71DCA308723F43E9BE14EF7F13EABA72", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Eligible projects \n(1) In general \nAmounts from grants under this section— (A) shall be used to assist in carrying out a project for construction, reconstruction, repair, or clearance of housing, facilities and improvements in or serving a manufactured home community that is necessary to protect the health and safety of the residents of the manufactured home community and the long-term sustainability of the community; and (B) may be used for infrastructure, planning, resident and community services (including relocation assistance, eviction prevention, and down payment assistance), resiliency activities, replacement of outdated homes, and assistance for manufactured housing land and site acquisition. (2) Replacement \nFor purposes of paragraph (1), with respect to manufactured housing that was built before 1976, amounts from grants under this section may be used only for replacement of that housing.", "id": "H7ADE8B0868CC4FBB8DF0AA8E1A8C0D9D", "header": "Eligible projects", "nested": [], "links": [] }, { "text": "(d) Priority \nIn awarding grants under this section, the Secretary shall prioritize applicants that will carry out activities that primarily benefit low- or moderately low-income residents and preserve long-term housing affordability for residents of manufactured home communities.", "id": "H30D9DCC8200E41AAAEA8F8DB5FB28DC9", "header": "Priority", "nested": [], "links": [] }, { "text": "(e) Waivers \nThe Secretary may waive or specify alternative requirements for any provision of law or regulation that the Secretary administers in connection with use of amounts made available under this section other than requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is not inconsistent with the overall purposes of such Act and that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section.", "id": "H9055AF952B0A437A8F0F2FE098C83014", "header": "Waivers", "nested": [], "links": [] }, { "text": "(f) Implementation \n(1) In general \nThe Secretary shall have authority to issue such regulations, notices, or other guidance, forms, instructions, and publications to carry out the programs, projects, or activities authorized under this section to ensure that such programs, projects, or activities are completed in a timely and effective manner. (2) Fund \nThe Secretary may establish a separate fund to award grants under this section to Indian Tribes.", "id": "H978B86A7A9DB440E98FD949839A0B976", "header": "Implementation", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.", "id": "H6BCD83AD0DC74A578B5527BDFA3E4F11", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 4702", "legal-doc": "usc", "parsable-cite": "usc/12/4702" }, { "text": "25 U.S.C. 4103", "legal-doc": "usc", "parsable-cite": "usc/25/4103" }, { "text": "42 U.S.C. 5302(a)", "legal-doc": "usc", "parsable-cite": "usc/42/5302" } ] } ]
2
1. Short title This Act may be cited as the Preservation and Reinvestment Initiative for Community Enhancement Act or the PRICE Act. 2. Manufactured housing community improvement grant program (a) Definitions In this section: (1) Community development financial institution The term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (2) Eligible manufactured home community The term eligible manufactured home community means a manufactured home community that— (A) is affordable to low- and moderate-income persons; and (B) (i) is owned by the residents of the manufactured home community through a resident-controlled entity such as a resident-owned cooperative, as defined by the Secretary; or (ii) will be maintained as such a community, and remain affordable for low- and moderate-income persons, to the maximum extent practicable and for the longest period feasible. (3) Eligible recipient The term eligible recipient means— (A) an eligible manufactured home community; (B) a unit of general local government, including a housing authority; (C) a resident-owned community; (D) a resident-owned cooperative; (E) a nonprofit entity with housing expertise or a consortia of such entities; (F) a community development financial institution; (G) an Indian Tribe or tribally designated housing entity; or (H) any other entity approved by the Secretary working with an eligible manufactured home community. (4) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (5) Low- and moderate-income persons; unit of general local government The terms low- and moderate-income persons and unit of general local government have the meanings given those terms in section 102(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302(a) ). (6) Manufactured home community The term manufactured home community means any community, court, or park equipped to accommodate manufactured homes for which pad sites, with or without existing manufactured homes or other allowed homes, or other suitable sites, are used primarily for residential purposes, with any additional requirements as determined by the Secretary, including any manufactured housing community as such term is used for purposes of the program of the Federal National Mortgage Association for multifamily loans for manufactured housing communities and the program of the Federal Home Loan Mortgage Corporation for loans for manufactured housing communities. (7) Resiliency activities The term resiliency activities means the reconstruction, repair, or replacement of manufactured housing and manufactured home communities to protect the health and safety of manufactured housing residents and to address weatherization and energy efficiency needs. (8) Secretary The term Secretary means the Secretary of Housing and Urban Development. (b) Establishment The Secretary shall carry out a competitive grant program to award funds to eligible recipients to carry out eligible projects for improvements in eligible manufactured home communities. (c) Eligible projects (1) In general Amounts from grants under this section— (A) shall be used to assist in carrying out a project for construction, reconstruction, repair, or clearance of housing, facilities and improvements in or serving a manufactured home community that is necessary to protect the health and safety of the residents of the manufactured home community and the long-term sustainability of the community; and (B) may be used for infrastructure, planning, resident and community services (including relocation assistance, eviction prevention, and down payment assistance), resiliency activities, replacement of outdated homes, and assistance for manufactured housing land and site acquisition. (2) Replacement For purposes of paragraph (1), with respect to manufactured housing that was built before 1976, amounts from grants under this section may be used only for replacement of that housing. (d) Priority In awarding grants under this section, the Secretary shall prioritize applicants that will carry out activities that primarily benefit low- or moderately low-income residents and preserve long-term housing affordability for residents of manufactured home communities. (e) Waivers The Secretary may waive or specify alternative requirements for any provision of law or regulation that the Secretary administers in connection with use of amounts made available under this section other than requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is not inconsistent with the overall purposes of such Act and that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section. (f) Implementation (1) In general The Secretary shall have authority to issue such regulations, notices, or other guidance, forms, instructions, and publications to carry out the programs, projects, or activities authorized under this section to ensure that such programs, projects, or activities are completed in a timely and effective manner. (2) Fund The Secretary may establish a separate fund to award grants under this section to Indian Tribes. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.
5,652
[ "Financial Services Committee" ]
118hr7654ih
118
hr
7,654
ih
To expand and modify the grant program of the Department of Veterans Affairs to provide innovative transportation options to veterans in highly rural areas, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Rural Veterans Transportation to Care Act.", "id": "H11FF500B336D4030AA955700CEA3220B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Expansion and modification of transportation grant program of Department of Veterans Affairs \nSection 307 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 38 U.S.C. 1710 note) is amended— (1) in the section heading, by inserting rural or before highly ; (2) in subsection (a)— (A) by inserting rural or before highly each place it appears; (B) in paragraph (2)— (i) by redesignating subparagraph (B) as subparagraph (C); (ii) by inserting after subparagraph (A) the following new subparagraph (B): (B) County veterans service organizations. ; and (iii) by adding at the end the following new subparagraph: (D) Tribal organizations. ; (C) in paragraph (3), by striking A State veterans service agency or veterans service organization awarded and inserting A recipient of ; and (D) by striking paragraph (4) and inserting the following new paragraph (4): (4) Maximum amount \n(A) In general \nExcept as provided in subparagraph (B), the amount of a grant under this section may not exceed $60,000. (B) Additional amount to purchase a vehicle \nThe amount of a grant under this section to a recipient may be increased to an amount not to exceed $80,000 if the recipient is required to purchase a vehicle to comply with the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) in carrying out this section. ; (3) in subsection (c), by striking paragraph (1) and inserting the following: (1) Rural; highly rural \nThe terms rural and highly rural have the meanings given those terms under the Rural-Urban Commuting Areas (RUCA) coding system of the Department of Agriculture. ; and (4) in subsection (d), by striking $3,000,000 for each of fiscal years 2010 through 2022 and inserting such sums as may be necessary.", "id": "H4421E522303E4AAA9B3C5FB7516459AC", "header": "Expansion and modification of transportation grant program of Department of Veterans Affairs", "nested": [], "links": [ { "text": "Public Law 111–163", "legal-doc": "public-law", "parsable-cite": "pl/111/163" }, { "text": "38 U.S.C. 1710", "legal-doc": "usc", "parsable-cite": "usc/38/1710" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" } ] } ]
2
1. Short title This Act may be cited as the Rural Veterans Transportation to Care Act. 2. Expansion and modification of transportation grant program of Department of Veterans Affairs Section 307 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 38 U.S.C. 1710 note) is amended— (1) in the section heading, by inserting rural or before highly ; (2) in subsection (a)— (A) by inserting rural or before highly each place it appears; (B) in paragraph (2)— (i) by redesignating subparagraph (B) as subparagraph (C); (ii) by inserting after subparagraph (A) the following new subparagraph (B): (B) County veterans service organizations. ; and (iii) by adding at the end the following new subparagraph: (D) Tribal organizations. ; (C) in paragraph (3), by striking A State veterans service agency or veterans service organization awarded and inserting A recipient of ; and (D) by striking paragraph (4) and inserting the following new paragraph (4): (4) Maximum amount (A) In general Except as provided in subparagraph (B), the amount of a grant under this section may not exceed $60,000. (B) Additional amount to purchase a vehicle The amount of a grant under this section to a recipient may be increased to an amount not to exceed $80,000 if the recipient is required to purchase a vehicle to comply with the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) in carrying out this section. ; (3) in subsection (c), by striking paragraph (1) and inserting the following: (1) Rural; highly rural The terms rural and highly rural have the meanings given those terms under the Rural-Urban Commuting Areas (RUCA) coding system of the Department of Agriculture. ; and (4) in subsection (d), by striking $3,000,000 for each of fiscal years 2010 through 2022 and inserting such sums as may be necessary.
1,873
[ "Veterans' Affairs Committee" ]
118hr6635ih
118
hr
6,635
ih
To prohibit the Department of Health and Human Services from treating pregnancy as an illness for purposes of approving abortion drugs.
[ { "text": "1. Short title \nThis Act may be cited as the Pregnancy Is Not an Illness Act of 2023.", "id": "H8E4AAD08EC37432EBD7A038ED07A47D7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition against treating pregnancy as illness for purposes of approving abortion drugs \n(a) Prohibition \nThe Department of Health and Human Services, including the Food and Drug Administration, shall not treat pregnancy as an illness for purposes of— (1) approving any abortion drug under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ); or (2) imposing or maintaining any risk evaluation and mitigation strategy for an abortion drug under section 505–1 of such Act ( 21 U.S.C. 355–1 ). (b) Nullification of approvals in effect \n(1) In general \nAny prohibited approval of an abortion drug is hereby nullified. (2) Prohibited approval defined \nIn this subsection, the term prohibited approval of an abortion drug — (A) means any approval of an abortion drug under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) that relied in whole or in part on the treatment of pregnancy as illness; and (B) includes the approval of mifepristone in effect under such section 505 on the day before the date of enactment of this Act.", "id": "H4BC552BAAB254039B8AAF4C742F75300", "header": "Prohibition against treating pregnancy as illness for purposes of approving abortion drugs", "nested": [ { "text": "(a) Prohibition \nThe Department of Health and Human Services, including the Food and Drug Administration, shall not treat pregnancy as an illness for purposes of— (1) approving any abortion drug under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ); or (2) imposing or maintaining any risk evaluation and mitigation strategy for an abortion drug under section 505–1 of such Act ( 21 U.S.C. 355–1 ).", "id": "HE1463A00E8574B58853C6001A3E1D05B", "header": "Prohibition", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355–1", "legal-doc": "usc", "parsable-cite": "usc/21/355-1" } ] }, { "text": "(b) Nullification of approvals in effect \n(1) In general \nAny prohibited approval of an abortion drug is hereby nullified. (2) Prohibited approval defined \nIn this subsection, the term prohibited approval of an abortion drug — (A) means any approval of an abortion drug under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) that relied in whole or in part on the treatment of pregnancy as illness; and (B) includes the approval of mifepristone in effect under such section 505 on the day before the date of enactment of this Act.", "id": "H69FB246F34E0455DA08EBC4F7FFB9B22", "header": "Nullification of approvals in effect", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] } ], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355–1", "legal-doc": "usc", "parsable-cite": "usc/21/355-1" }, { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] } ]
2
1. Short title This Act may be cited as the Pregnancy Is Not an Illness Act of 2023. 2. Prohibition against treating pregnancy as illness for purposes of approving abortion drugs (a) Prohibition The Department of Health and Human Services, including the Food and Drug Administration, shall not treat pregnancy as an illness for purposes of— (1) approving any abortion drug under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ); or (2) imposing or maintaining any risk evaluation and mitigation strategy for an abortion drug under section 505–1 of such Act ( 21 U.S.C. 355–1 ). (b) Nullification of approvals in effect (1) In general Any prohibited approval of an abortion drug is hereby nullified. (2) Prohibited approval defined In this subsection, the term prohibited approval of an abortion drug — (A) means any approval of an abortion drug under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) that relied in whole or in part on the treatment of pregnancy as illness; and (B) includes the approval of mifepristone in effect under such section 505 on the day before the date of enactment of this Act.
1,161
[ "Energy and Commerce Committee" ]
118hr8001ih
118
hr
8,001
ih
To impose sanctions on the Houthis for attacks on international shipping, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Combating Houthi Threats and Aggression Act.", "id": "HDB2EAD1E54FB4EF79BAD8914F793FB26", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Statement of policy \nIt is the policy of the United States to work with United States allies and partners to safeguard maritime security in the Red Sea and the Gulf of Aden, including by supporting interdiction efforts and by opposing attacks on international shipping that threaten the free flow of commerce, endanger innocent mariners, and violate international law, as such attacks harm the global economy, destabilize the Middle East and Africa region, and undermine United States national security interests.", "id": "H7FD157008CBD4C24AE0DC3FC9F200A8C", "header": "Statement of policy", "nested": [], "links": [] }, { "text": "3. Report on capability of the houthis to threaten united states national security and foreign policy goals \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the capability of the Houthis (also known as Ansar Allah ) to threaten United States national security and foreign policy goals. (b) Matters To be included \nThe report required by subsection (a) shall include the following: (1) An assessment of senior Houthi leadership’ intentions and capacity to conduct and sustain military operations from Yemen that target the United States, Israel, or global shipping. (2) A description of the funding, materiel, training, and other forms of support the Houthis receive from Iran, Hezbollah, or any other entity acting for or on behalf of Iran, including contributions to advance the Houthis’ indigenous weapons production capability and existing weapons arsenal. (3) A description of the Houthis’ ballistic missile and unmanned delivery systems, including those that are covered under Category 1 or Category 2 of the Missile Control Technology Regime and the precision and reach of such weapons. (4) A description of the Houthis’ maritime capabilities, including sea missiles and drones. (5) An analysis of the Houthi’s current indigenous weapons production capabilities and how their control over the Al-Hudaydah port and Sana’a international airport enables them to sustain weapons production. (6) An assessment of the Houthis’ stockpiles and employment of commercial off-the-shelf (COTS) dual-use drone technology, and the countries of origin for these products. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.", "id": "H6487A83870274A8C8977FD650063ABC8", "header": "Report on capability of the houthis to threaten united states national security and foreign policy goals", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the capability of the Houthis (also known as Ansar Allah ) to threaten United States national security and foreign policy goals.", "id": "H246CA777F684423EBBE17E0894101AC4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Matters To be included \nThe report required by subsection (a) shall include the following: (1) An assessment of senior Houthi leadership’ intentions and capacity to conduct and sustain military operations from Yemen that target the United States, Israel, or global shipping. (2) A description of the funding, materiel, training, and other forms of support the Houthis receive from Iran, Hezbollah, or any other entity acting for or on behalf of Iran, including contributions to advance the Houthis’ indigenous weapons production capability and existing weapons arsenal. (3) A description of the Houthis’ ballistic missile and unmanned delivery systems, including those that are covered under Category 1 or Category 2 of the Missile Control Technology Regime and the precision and reach of such weapons. (4) A description of the Houthis’ maritime capabilities, including sea missiles and drones. (5) An analysis of the Houthi’s current indigenous weapons production capabilities and how their control over the Al-Hudaydah port and Sana’a international airport enables them to sustain weapons production. (6) An assessment of the Houthis’ stockpiles and employment of commercial off-the-shelf (COTS) dual-use drone technology, and the countries of origin for these products.", "id": "H34A2F1D86AEE44599117CBE239F9C3E0", "header": "Matters To be included", "nested": [], "links": [] }, { "text": "(c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.", "id": "HDBB0EE3E88574CE9AB58C764673D5880", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Report on houthi attacks that threaten freedom of navigation in the red sea and gulf of aden \n(a) In general \nNot later than 180 days after the day of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the following: (1) A summary of Houthi (also known as Ansar Allah ) attacks that threaten freedom of navigation in the Red Sea and Gulf of Aden. (2) An assessment of the impact that Houthi threats to freedom of navigation in the Red Sea and Gulf of Aden have on United States security interests. (3) An assessment of the impact that Houthi threats to freedom of navigation in the Red Sea and Gulf of Aden have on the global economy, including the United States economy. (4) An assessment of Iran’s role in the Houthis’ attacks that threaten freedom of navigation in the Red Sea and Gulf of Aden, including Iran’s provision of targeting assistance to the Houthis. (5) A description of China’s presence in the Red Sea and Gulf of Aden during the reporting period. (6) An assessment of how the Houthis’ attacks in the Red Sea and Gulf of Aden impact Russia, China, and Iran’s freedom of navigation in those waterways relative to the United States and our partners’ freedom of navigation. (b) Scope \nThe initial report required by subsection (a) shall address the period beginning on October 7, 2023, and ending on the date that is 90 days after date of the enactment of this Act, and each subsequent report shall address the one-year period following the conclusion of the prior report. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.", "id": "H39CFEBA4AB9846CDB96EA91826D6C1A1", "header": "Report on houthi attacks that threaten freedom of navigation in the red sea and gulf of aden", "nested": [ { "text": "(a) In general \nNot later than 180 days after the day of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the following: (1) A summary of Houthi (also known as Ansar Allah ) attacks that threaten freedom of navigation in the Red Sea and Gulf of Aden. (2) An assessment of the impact that Houthi threats to freedom of navigation in the Red Sea and Gulf of Aden have on United States security interests. (3) An assessment of the impact that Houthi threats to freedom of navigation in the Red Sea and Gulf of Aden have on the global economy, including the United States economy. (4) An assessment of Iran’s role in the Houthis’ attacks that threaten freedom of navigation in the Red Sea and Gulf of Aden, including Iran’s provision of targeting assistance to the Houthis. (5) A description of China’s presence in the Red Sea and Gulf of Aden during the reporting period. (6) An assessment of how the Houthis’ attacks in the Red Sea and Gulf of Aden impact Russia, China, and Iran’s freedom of navigation in those waterways relative to the United States and our partners’ freedom of navigation.", "id": "H0249EAE60B614257BF18356750792022", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Scope \nThe initial report required by subsection (a) shall address the period beginning on October 7, 2023, and ending on the date that is 90 days after date of the enactment of this Act, and each subsequent report shall address the one-year period following the conclusion of the prior report.", "id": "H49877040D8DA4A5D909222BC1E397FA3", "header": "Scope", "nested": [], "links": [] }, { "text": "(c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.", "id": "H4C2D708AE8FD4800BA10B70074A83D93", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Report on violations of the united nations arms embargo against yemen authorized under united nations security council resolution 2216 \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the following: (1) A description of violations or attempted violations of the United Nations arms embargo against Yemen authorized under United Nations Security Council Resolution 2216 (2015) and successor resolutions. (2) A list of incidents in which the United States or other countries interdicted weapons and related components believed to be intended for the Houthis, including— (A) for each interdiction incident, what specific entity conducted the interdiction, the circumstances and location of such interdiction, what weapons or components were seized and the believed origins of such components, and under what authority each such seizure took place; (B) a description of what United States Government resources are currently devoted to identifying, disrupting, interdicting, or otherwise dismantling the flow of illicit weapons intended for the Houthis, and identifying under what authorities these activities take place; and (C) United States coordination with international partners on efforts to identify, disrupt, dismantle or interdict illicit weapons flows to the Houthis, including identifying United States security assistance and cooperation programs that contribute to the interdiction efforts of such partners. (b) Scope \nThe initial report required by subsection (a) shall address the period beginning on January 1, 2022, and ending on the date that is 90 days after date of the enactment of this Act, and each subsequent report shall address the one-year period following the conclusion of the prior report. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.", "id": "HBBD6D50DD0884B818AE85EEC0C965839", "header": "Report on violations of the united nations arms embargo against yemen authorized under united nations security council resolution 2216", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the following: (1) A description of violations or attempted violations of the United Nations arms embargo against Yemen authorized under United Nations Security Council Resolution 2216 (2015) and successor resolutions. (2) A list of incidents in which the United States or other countries interdicted weapons and related components believed to be intended for the Houthis, including— (A) for each interdiction incident, what specific entity conducted the interdiction, the circumstances and location of such interdiction, what weapons or components were seized and the believed origins of such components, and under what authority each such seizure took place; (B) a description of what United States Government resources are currently devoted to identifying, disrupting, interdicting, or otherwise dismantling the flow of illicit weapons intended for the Houthis, and identifying under what authorities these activities take place; and (C) United States coordination with international partners on efforts to identify, disrupt, dismantle or interdict illicit weapons flows to the Houthis, including identifying United States security assistance and cooperation programs that contribute to the interdiction efforts of such partners.", "id": "H641E41B34C3641F8A77F8264FDF2B110", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Scope \nThe initial report required by subsection (a) shall address the period beginning on January 1, 2022, and ending on the date that is 90 days after date of the enactment of this Act, and each subsequent report shall address the one-year period following the conclusion of the prior report.", "id": "H3581097FF4AA46B79EF3666CEAA73C1E", "header": "Scope", "nested": [], "links": [] }, { "text": "(c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.", "id": "H2E3B56AA4AD74F6C9164C9A0962611BA", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Sanctions with respect to any attacks by the houthis on international shipping in the red sea and gulf of aden and other military support to the houthis \n(a) In general \nThe President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines, on or after the date of enactment of this Act— (1) to be responsible for or complicit in, or to have directly or indirectly engaged in, any attacks by the Houthis (also known as Ansar Allah ) that threaten international shipping in the Red Sea or Gulf of Aden; (2) knowingly engages in, or attempts to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to the conduct described in paragraph (1); or (3) knowingly engages in any activity that materially contributes to the supply, sale, or transfer directly or indirectly of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, to any foreign person engaging in the conduct described in paragraph (1). (b) Sanctions described \nThe sanctions described in this subsection are the following: (1) Blocking of property \nThe President shall exercise all authorities granted under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole \n(A) Visas, admission, or parole \nAn alien described in subsection (a) shall be— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked \n(i) In general \nThe visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation. (ii) Immediate effect \nA revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) )— (I) take effect immediately; and (II) cancel any other valid visa or entry documentation that is in the possession of the alien. (c) Penalties \nAny person that violates, or attempts to violate, subsection (b) or any regulation, license, or order issued pursuant to that subsection, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) Waiver \n(1) In general \nThe President may waive, on a case-by-case basis, the application of sanctions under this section for periods not to exceed 180 days with respect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the national security interests of the United States. (2) Briefing \nNot later than 60 days after the issuance of a waiver under paragraph (1), and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the reasons for the waiver. (e) Implementation \nThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (f) Regulations \n(1) In general \nThe President shall, not later than 120 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this section. (2) Notification to congress \nNot later than 10 days before the promulgation of regulations under this subsection, the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this section that the regulations are implementing. (g) Exceptions \n(1) Exception for intelligence activities \nSanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception to comply with international obligations and for law enforcement activities \nSanctions under this section shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist authorized law enforcement activity in the United States.", "id": "H22C9BD0C417B4043BC29847300237B32", "header": "Sanctions with respect to any attacks by the houthis on international shipping in the red sea and gulf of aden and other military support to the houthis", "nested": [ { "text": "(a) In general \nThe President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines, on or after the date of enactment of this Act— (1) to be responsible for or complicit in, or to have directly or indirectly engaged in, any attacks by the Houthis (also known as Ansar Allah ) that threaten international shipping in the Red Sea or Gulf of Aden; (2) knowingly engages in, or attempts to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to the conduct described in paragraph (1); or (3) knowingly engages in any activity that materially contributes to the supply, sale, or transfer directly or indirectly of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, to any foreign person engaging in the conduct described in paragraph (1).", "id": "HCDD8FBE984EB411F82E4C5C7EACD68BD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Sanctions described \nThe sanctions described in this subsection are the following: (1) Blocking of property \nThe President shall exercise all authorities granted under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole \n(A) Visas, admission, or parole \nAn alien described in subsection (a) shall be— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked \n(i) In general \nThe visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation. (ii) Immediate effect \nA revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) )— (I) take effect immediately; and (II) cancel any other valid visa or entry documentation that is in the possession of the alien.", "id": "H130A991B378E40E9BB0299D7DEEE2408", "header": "Sanctions described", "nested": [], "links": [ { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1201(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1201" } ] }, { "text": "(c) Penalties \nAny person that violates, or attempts to violate, subsection (b) or any regulation, license, or order issued pursuant to that subsection, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.", "id": "H2FB835D93D7441F0AF3000309F473FDD", "header": "Penalties", "nested": [], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" } ] }, { "text": "(d) Waiver \n(1) In general \nThe President may waive, on a case-by-case basis, the application of sanctions under this section for periods not to exceed 180 days with respect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the national security interests of the United States. (2) Briefing \nNot later than 60 days after the issuance of a waiver under paragraph (1), and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the reasons for the waiver.", "id": "HCE582BEA9BBA45BDB6407872664136FB", "header": "Waiver", "nested": [], "links": [] }, { "text": "(e) Implementation \nThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.", "id": "H9ADE140CFC9347908A05D227BD4D7B30", "header": "Implementation", "nested": [], "links": [] }, { "text": "(f) Regulations \n(1) In general \nThe President shall, not later than 120 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this section. (2) Notification to congress \nNot later than 10 days before the promulgation of regulations under this subsection, the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this section that the regulations are implementing.", "id": "H55F35413A6E5475AB382080A200D7CA4", "header": "Regulations", "nested": [], "links": [] }, { "text": "(g) Exceptions \n(1) Exception for intelligence activities \nSanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception to comply with international obligations and for law enforcement activities \nSanctions under this section shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist authorized law enforcement activity in the United States.", "id": "HC6596CABE3F04600B3E159456EA80FED", "header": "Exceptions", "nested": [], "links": [ { "text": "50 U.S.C. 3091 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3091" } ] } ], "links": [ { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1201(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1201" }, { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" }, { "text": "50 U.S.C. 3091 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3091" } ] }, { "text": "7. Sunset \nThis Act shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "H6607AB8354894DC897003FD2F1740FD1", "header": "Sunset", "nested": [], "links": [] } ]
7
1. Short title This Act may be cited as the Combating Houthi Threats and Aggression Act. 2. Statement of policy It is the policy of the United States to work with United States allies and partners to safeguard maritime security in the Red Sea and the Gulf of Aden, including by supporting interdiction efforts and by opposing attacks on international shipping that threaten the free flow of commerce, endanger innocent mariners, and violate international law, as such attacks harm the global economy, destabilize the Middle East and Africa region, and undermine United States national security interests. 3. Report on capability of the houthis to threaten united states national security and foreign policy goals (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the capability of the Houthis (also known as Ansar Allah ) to threaten United States national security and foreign policy goals. (b) Matters To be included The report required by subsection (a) shall include the following: (1) An assessment of senior Houthi leadership’ intentions and capacity to conduct and sustain military operations from Yemen that target the United States, Israel, or global shipping. (2) A description of the funding, materiel, training, and other forms of support the Houthis receive from Iran, Hezbollah, or any other entity acting for or on behalf of Iran, including contributions to advance the Houthis’ indigenous weapons production capability and existing weapons arsenal. (3) A description of the Houthis’ ballistic missile and unmanned delivery systems, including those that are covered under Category 1 or Category 2 of the Missile Control Technology Regime and the precision and reach of such weapons. (4) A description of the Houthis’ maritime capabilities, including sea missiles and drones. (5) An analysis of the Houthi’s current indigenous weapons production capabilities and how their control over the Al-Hudaydah port and Sana’a international airport enables them to sustain weapons production. (6) An assessment of the Houthis’ stockpiles and employment of commercial off-the-shelf (COTS) dual-use drone technology, and the countries of origin for these products. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate. 4. Report on houthi attacks that threaten freedom of navigation in the red sea and gulf of aden (a) In general Not later than 180 days after the day of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the following: (1) A summary of Houthi (also known as Ansar Allah ) attacks that threaten freedom of navigation in the Red Sea and Gulf of Aden. (2) An assessment of the impact that Houthi threats to freedom of navigation in the Red Sea and Gulf of Aden have on United States security interests. (3) An assessment of the impact that Houthi threats to freedom of navigation in the Red Sea and Gulf of Aden have on the global economy, including the United States economy. (4) An assessment of Iran’s role in the Houthis’ attacks that threaten freedom of navigation in the Red Sea and Gulf of Aden, including Iran’s provision of targeting assistance to the Houthis. (5) A description of China’s presence in the Red Sea and Gulf of Aden during the reporting period. (6) An assessment of how the Houthis’ attacks in the Red Sea and Gulf of Aden impact Russia, China, and Iran’s freedom of navigation in those waterways relative to the United States and our partners’ freedom of navigation. (b) Scope The initial report required by subsection (a) shall address the period beginning on October 7, 2023, and ending on the date that is 90 days after date of the enactment of this Act, and each subsequent report shall address the one-year period following the conclusion of the prior report. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate. 5. Report on violations of the united nations arms embargo against yemen authorized under united nations security council resolution 2216 (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the following: (1) A description of violations or attempted violations of the United Nations arms embargo against Yemen authorized under United Nations Security Council Resolution 2216 (2015) and successor resolutions. (2) A list of incidents in which the United States or other countries interdicted weapons and related components believed to be intended for the Houthis, including— (A) for each interdiction incident, what specific entity conducted the interdiction, the circumstances and location of such interdiction, what weapons or components were seized and the believed origins of such components, and under what authority each such seizure took place; (B) a description of what United States Government resources are currently devoted to identifying, disrupting, interdicting, or otherwise dismantling the flow of illicit weapons intended for the Houthis, and identifying under what authorities these activities take place; and (C) United States coordination with international partners on efforts to identify, disrupt, dismantle or interdict illicit weapons flows to the Houthis, including identifying United States security assistance and cooperation programs that contribute to the interdiction efforts of such partners. (b) Scope The initial report required by subsection (a) shall address the period beginning on January 1, 2022, and ending on the date that is 90 days after date of the enactment of this Act, and each subsequent report shall address the one-year period following the conclusion of the prior report. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate. 6. Sanctions with respect to any attacks by the houthis on international shipping in the red sea and gulf of aden and other military support to the houthis (a) In general The President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines, on or after the date of enactment of this Act— (1) to be responsible for or complicit in, or to have directly or indirectly engaged in, any attacks by the Houthis (also known as Ansar Allah ) that threaten international shipping in the Red Sea or Gulf of Aden; (2) knowingly engages in, or attempts to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to the conduct described in paragraph (1); or (3) knowingly engages in any activity that materially contributes to the supply, sale, or transfer directly or indirectly of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, to any foreign person engaging in the conduct described in paragraph (1). (b) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property The President shall exercise all authorities granted under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (a) shall be— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general The visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation. (ii) Immediate effect A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) )— (I) take effect immediately; and (II) cancel any other valid visa or entry documentation that is in the possession of the alien. (c) Penalties Any person that violates, or attempts to violate, subsection (b) or any regulation, license, or order issued pursuant to that subsection, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) Waiver (1) In general The President may waive, on a case-by-case basis, the application of sanctions under this section for periods not to exceed 180 days with respect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the national security interests of the United States. (2) Briefing Not later than 60 days after the issuance of a waiver under paragraph (1), and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the reasons for the waiver. (e) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (f) Regulations (1) In general The President shall, not later than 120 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this section. (2) Notification to congress Not later than 10 days before the promulgation of regulations under this subsection, the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this section that the regulations are implementing. (g) Exceptions (1) Exception for intelligence activities Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception to comply with international obligations and for law enforcement activities Sanctions under this section shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist authorized law enforcement activity in the United States. 7. Sunset This Act shall terminate on the date that is 5 years after the date of the enactment of this Act.
12,239
[ "Judiciary Committee", "Foreign Affairs Committee" ]
118hr785ih
118
hr
785
ih
To amend the Fair Labor Standards Act of 1938 to require paid rest breaks for certain construction employees, and for other purposes.
[ { "text": "1. Paid rest breaks for certain construction employees \n(a) Paid rest break \nThe Fair Labor Standards Act ( 29 U.S.C. 201 et seq. ) is amended by inserting after section 7 the following: 8. Paid rest breaks for construction employees \n(a) Requirements \nAn employer shall— (1) with respect to each construction employee of such employer— (A) provide at least one 15-minute paid rest break for every four hours of work to each such employee; and (B) at the time of hiring, provide notice in the primary language of such employee, an explanation that— (i) such employee is entitled to the paid rest breaks described in subparagraph (A); (ii) retaliation by such employer against such employee for requesting or taking such paid rest breaks is prohibited; and (iii) such employee has a right to file a complaint with the Secretary for any violation of this section by such employer; and (2) display a sign, in a conspicuous and accessible location, at the place of business of such employer and at the applicable construction work site that includes, in both English and Spanish, the information described in paragraph (1)(B). (b) Posted notice \nThe Secretary shall issue regulations with respect to the design and content of the sign referred to in subsection (a)(2). (c) Retaliation prohibited \nAn employer may not take retaliatory personnel action or otherwise discriminate against a construction employee if such employee— (1) requests or takes paid rest breaks in accordance with this section; or (2) files a complaint with the Secretary alleging a violation of this section. (d) Interaction with other laws \nNothing in this section shall be construed to excuse noncompliance with any Federal or State law, municipal ordinance, or collective bargaining agreement requiring longer rest breaks than those required under this section. (e) Definitions \nIn this section: (1) The term construction employee means an individual who is employed by an employer, or is hired as a contractor of such an employer, to perform general construction services. (2) The term general construction services means the— (A) erection of or preparation to erect a structure; or (B) remodeling, extension, repair, or demolition of a structure or other improvement of real property or a structure related to real property. (3) The term rest break means a break from work during work hours, but does not include a regular meal break period provided to a construction employee by an employer.. (b) Penalties \nSection 16(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(b) ) is amended by adding after the third sentence the following: If the Secretary makes a determination that an employer has violated section 8(a) of this Act, the Secretary may assess an administrative penalty to such employer if such employer fails to correct the violation not later than 30 days after the date on which such employer receives notice from the Secretary of such determination. Any employer that violates the provisions of section 8(c) of this Act shall be liable for such legal or equitable relief as may be appropriate, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages..", "id": "H555270C8804A422AA97C0EFC3B1BE4BD", "header": "Paid rest breaks for certain construction employees", "nested": [ { "text": "(a) Paid rest break \nThe Fair Labor Standards Act ( 29 U.S.C. 201 et seq. ) is amended by inserting after section 7 the following: 8. Paid rest breaks for construction employees \n(a) Requirements \nAn employer shall— (1) with respect to each construction employee of such employer— (A) provide at least one 15-minute paid rest break for every four hours of work to each such employee; and (B) at the time of hiring, provide notice in the primary language of such employee, an explanation that— (i) such employee is entitled to the paid rest breaks described in subparagraph (A); (ii) retaliation by such employer against such employee for requesting or taking such paid rest breaks is prohibited; and (iii) such employee has a right to file a complaint with the Secretary for any violation of this section by such employer; and (2) display a sign, in a conspicuous and accessible location, at the place of business of such employer and at the applicable construction work site that includes, in both English and Spanish, the information described in paragraph (1)(B). (b) Posted notice \nThe Secretary shall issue regulations with respect to the design and content of the sign referred to in subsection (a)(2). (c) Retaliation prohibited \nAn employer may not take retaliatory personnel action or otherwise discriminate against a construction employee if such employee— (1) requests or takes paid rest breaks in accordance with this section; or (2) files a complaint with the Secretary alleging a violation of this section. (d) Interaction with other laws \nNothing in this section shall be construed to excuse noncompliance with any Federal or State law, municipal ordinance, or collective bargaining agreement requiring longer rest breaks than those required under this section. (e) Definitions \nIn this section: (1) The term construction employee means an individual who is employed by an employer, or is hired as a contractor of such an employer, to perform general construction services. (2) The term general construction services means the— (A) erection of or preparation to erect a structure; or (B) remodeling, extension, repair, or demolition of a structure or other improvement of real property or a structure related to real property. (3) The term rest break means a break from work during work hours, but does not include a regular meal break period provided to a construction employee by an employer..", "id": "H662B85C1496D4C9A88DFFCC515A4CF60", "header": "Paid rest break", "nested": [], "links": [ { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" } ] }, { "text": "(b) Penalties \nSection 16(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(b) ) is amended by adding after the third sentence the following: If the Secretary makes a determination that an employer has violated section 8(a) of this Act, the Secretary may assess an administrative penalty to such employer if such employer fails to correct the violation not later than 30 days after the date on which such employer receives notice from the Secretary of such determination. Any employer that violates the provisions of section 8(c) of this Act shall be liable for such legal or equitable relief as may be appropriate, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages..", "id": "HCF43C7651CD44E37B77E70E784835667", "header": "Penalties", "nested": [], "links": [ { "text": "29 U.S.C. 216(b)", "legal-doc": "usc", "parsable-cite": "usc/29/216" } ] } ], "links": [ { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" }, { "text": "29 U.S.C. 216(b)", "legal-doc": "usc", "parsable-cite": "usc/29/216" } ] }, { "text": "8. Paid rest breaks for construction employees \n(a) Requirements \nAn employer shall— (1) with respect to each construction employee of such employer— (A) provide at least one 15-minute paid rest break for every four hours of work to each such employee; and (B) at the time of hiring, provide notice in the primary language of such employee, an explanation that— (i) such employee is entitled to the paid rest breaks described in subparagraph (A); (ii) retaliation by such employer against such employee for requesting or taking such paid rest breaks is prohibited; and (iii) such employee has a right to file a complaint with the Secretary for any violation of this section by such employer; and (2) display a sign, in a conspicuous and accessible location, at the place of business of such employer and at the applicable construction work site that includes, in both English and Spanish, the information described in paragraph (1)(B). (b) Posted notice \nThe Secretary shall issue regulations with respect to the design and content of the sign referred to in subsection (a)(2). (c) Retaliation prohibited \nAn employer may not take retaliatory personnel action or otherwise discriminate against a construction employee if such employee— (1) requests or takes paid rest breaks in accordance with this section; or (2) files a complaint with the Secretary alleging a violation of this section. (d) Interaction with other laws \nNothing in this section shall be construed to excuse noncompliance with any Federal or State law, municipal ordinance, or collective bargaining agreement requiring longer rest breaks than those required under this section. (e) Definitions \nIn this section: (1) The term construction employee means an individual who is employed by an employer, or is hired as a contractor of such an employer, to perform general construction services. (2) The term general construction services means the— (A) erection of or preparation to erect a structure; or (B) remodeling, extension, repair, or demolition of a structure or other improvement of real property or a structure related to real property. (3) The term rest break means a break from work during work hours, but does not include a regular meal break period provided to a construction employee by an employer.", "id": "HC53D6B6C12DC4D9899F0056BFC050FC3", "header": "Paid rest breaks for construction employees", "nested": [ { "text": "(a) Requirements \nAn employer shall— (1) with respect to each construction employee of such employer— (A) provide at least one 15-minute paid rest break for every four hours of work to each such employee; and (B) at the time of hiring, provide notice in the primary language of such employee, an explanation that— (i) such employee is entitled to the paid rest breaks described in subparagraph (A); (ii) retaliation by such employer against such employee for requesting or taking such paid rest breaks is prohibited; and (iii) such employee has a right to file a complaint with the Secretary for any violation of this section by such employer; and (2) display a sign, in a conspicuous and accessible location, at the place of business of such employer and at the applicable construction work site that includes, in both English and Spanish, the information described in paragraph (1)(B).", "id": "H273F5E9FE49642C1B41A670BDC53C685", "header": "Requirements", "nested": [], "links": [] }, { "text": "(b) Posted notice \nThe Secretary shall issue regulations with respect to the design and content of the sign referred to in subsection (a)(2).", "id": "H99683E27397142BCA197CDF731B1D830", "header": "Posted notice", "nested": [], "links": [] }, { "text": "(c) Retaliation prohibited \nAn employer may not take retaliatory personnel action or otherwise discriminate against a construction employee if such employee— (1) requests or takes paid rest breaks in accordance with this section; or (2) files a complaint with the Secretary alleging a violation of this section.", "id": "HFA5F0EDF2E5C444A80FA39460BB0B013", "header": "Retaliation prohibited", "nested": [], "links": [] }, { "text": "(d) Interaction with other laws \nNothing in this section shall be construed to excuse noncompliance with any Federal or State law, municipal ordinance, or collective bargaining agreement requiring longer rest breaks than those required under this section.", "id": "HE3FE5975BD5E40C6B6C7B0FB4FA09AD5", "header": "Interaction with other laws", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) The term construction employee means an individual who is employed by an employer, or is hired as a contractor of such an employer, to perform general construction services. (2) The term general construction services means the— (A) erection of or preparation to erect a structure; or (B) remodeling, extension, repair, or demolition of a structure or other improvement of real property or a structure related to real property. (3) The term rest break means a break from work during work hours, but does not include a regular meal break period provided to a construction employee by an employer.", "id": "HDA08AE9760AD44C5B90F0F80F2E535CE", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
2
1. Paid rest breaks for certain construction employees (a) Paid rest break The Fair Labor Standards Act ( 29 U.S.C. 201 et seq. ) is amended by inserting after section 7 the following: 8. Paid rest breaks for construction employees (a) Requirements An employer shall— (1) with respect to each construction employee of such employer— (A) provide at least one 15-minute paid rest break for every four hours of work to each such employee; and (B) at the time of hiring, provide notice in the primary language of such employee, an explanation that— (i) such employee is entitled to the paid rest breaks described in subparagraph (A); (ii) retaliation by such employer against such employee for requesting or taking such paid rest breaks is prohibited; and (iii) such employee has a right to file a complaint with the Secretary for any violation of this section by such employer; and (2) display a sign, in a conspicuous and accessible location, at the place of business of such employer and at the applicable construction work site that includes, in both English and Spanish, the information described in paragraph (1)(B). (b) Posted notice The Secretary shall issue regulations with respect to the design and content of the sign referred to in subsection (a)(2). (c) Retaliation prohibited An employer may not take retaliatory personnel action or otherwise discriminate against a construction employee if such employee— (1) requests or takes paid rest breaks in accordance with this section; or (2) files a complaint with the Secretary alleging a violation of this section. (d) Interaction with other laws Nothing in this section shall be construed to excuse noncompliance with any Federal or State law, municipal ordinance, or collective bargaining agreement requiring longer rest breaks than those required under this section. (e) Definitions In this section: (1) The term construction employee means an individual who is employed by an employer, or is hired as a contractor of such an employer, to perform general construction services. (2) The term general construction services means the— (A) erection of or preparation to erect a structure; or (B) remodeling, extension, repair, or demolition of a structure or other improvement of real property or a structure related to real property. (3) The term rest break means a break from work during work hours, but does not include a regular meal break period provided to a construction employee by an employer.. (b) Penalties Section 16(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(b) ) is amended by adding after the third sentence the following: If the Secretary makes a determination that an employer has violated section 8(a) of this Act, the Secretary may assess an administrative penalty to such employer if such employer fails to correct the violation not later than 30 days after the date on which such employer receives notice from the Secretary of such determination. Any employer that violates the provisions of section 8(c) of this Act shall be liable for such legal or equitable relief as may be appropriate, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.. 8. Paid rest breaks for construction employees (a) Requirements An employer shall— (1) with respect to each construction employee of such employer— (A) provide at least one 15-minute paid rest break for every four hours of work to each such employee; and (B) at the time of hiring, provide notice in the primary language of such employee, an explanation that— (i) such employee is entitled to the paid rest breaks described in subparagraph (A); (ii) retaliation by such employer against such employee for requesting or taking such paid rest breaks is prohibited; and (iii) such employee has a right to file a complaint with the Secretary for any violation of this section by such employer; and (2) display a sign, in a conspicuous and accessible location, at the place of business of such employer and at the applicable construction work site that includes, in both English and Spanish, the information described in paragraph (1)(B). (b) Posted notice The Secretary shall issue regulations with respect to the design and content of the sign referred to in subsection (a)(2). (c) Retaliation prohibited An employer may not take retaliatory personnel action or otherwise discriminate against a construction employee if such employee— (1) requests or takes paid rest breaks in accordance with this section; or (2) files a complaint with the Secretary alleging a violation of this section. (d) Interaction with other laws Nothing in this section shall be construed to excuse noncompliance with any Federal or State law, municipal ordinance, or collective bargaining agreement requiring longer rest breaks than those required under this section. (e) Definitions In this section: (1) The term construction employee means an individual who is employed by an employer, or is hired as a contractor of such an employer, to perform general construction services. (2) The term general construction services means the— (A) erection of or preparation to erect a structure; or (B) remodeling, extension, repair, or demolition of a structure or other improvement of real property or a structure related to real property. (3) The term rest break means a break from work during work hours, but does not include a regular meal break period provided to a construction employee by an employer.
5,522
[ "Education and the Workforce Committee" ]
118hr8069ih
118
hr
8,069
ih
To amend the Public Health Service Act to encourage qualified individuals to enter the forensic pathology workforce, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Strengthening the Medical Examiner and Coroner System Act of 2024.", "id": "H41F9F6344BF24EC2BBD86F5FAFAB66B2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Forensic medical needs \nPart E of title VII of the Public Health Service Act ( 42 U.S.C. 294n et seq. ) is amended by adding at the end the following: 4 Forensic pathology workforce \n779. Grants to address the forensic medicine service provider shortage \n(a) Definitions \nIn this section: (1) Forensic medicine service provider \nThe term forensic medicine service provider has the meaning given the term in section 6 of Billy's Law ( 34 U.S.C. 40506 note; Public Law 117–327 ). (2) Medicolegal death investigator \nThe term medicolegal death investigator means an individual who performs formal inquiry into the circumstances surrounding the death of a human being to assist in the determination of the cause and manner of death. (3) Secretary \nThe term Secretary means the Secretary, acting through the Collaborating Office of Medical Examiners and Coroners of the Centers for Disease Control and Prevention. (b) Purposes \nThe purposes of this section are— (1) to encourage and incentivize qualified medical school graduates to enter the practice of forensic pathology by supporting forensic pathology fellowships; (2) to encourage and incentivize qualified individuals to enter the field of medicolegal death investigation to conduct death investigations in support of forensic medicine service providers; and (3) to support qualified individuals who enter the field of forensic toxicology through employment in forensic toxicology laboratories in the acquisition of skills in pharmacology, advanced and emerging toxicological methods, and instrumentation needed to assist with the interpretation of toxicological findings. (c) Grants \nThe Secretary shall award grants to eligible entities described in subsection (d) to assist such entities in addressing their shortages by offering the training and fellowships described in subsection (e)(1). (d) Eligibility \nTo be eligible to receive a grant under this section, an entity shall be— (1) a graduate medical education program— (A) accredited by the Accreditation Council for Graduate Medical Education that offers a forensic pathology fellowship that is so accredited; or (B) that is seeking such accreditation for a forensic pathology fellowship; (2) a publicly funded medical examiner or coroner office that is accredited or seeking accreditation; or (3) a publicly funded forensic toxicology laboratory that supports medical examiner and coroner offices and that is accredited or seeking accreditation. (e) Use of grant funds \n(1) In general \nAn eligible entity that receives a grant under this section shall use the grant funds— (A) to provide payment to individuals selected by such entity for a forensic pathology fellowship for salary, fringe benefits, related supply expenses, and other educational expenses of such individuals; (B) provide training for medicolegal death investigators, including paying for the costs of continuing education for medicolegal death investigators for purposes of such individuals— (i) becoming certified by the American Board of Medicolegal Death Investigation (or another accredited certifying organization); and (ii) maintaining such certification; or (C) to assist eligible entities— (i) in providing the education and training to individuals employed by such entities necessary— (I) to gain initial competency, additional training, and continuing education in pharmacology and advanced and emerging toxicological methods and instrumentation needed to assist with the interpretation of toxicological findings; (II) to become certified by the American Board of Forensic Toxicology, the American Association of Clinical Chemistry, or another accredited certifying organization; or (III) to maintain such certification or to obtain recertification by such a certifying organization; or (ii) in obtaining accreditation by the Accreditation Council for Graduate Medical Education for forensic pathology fellowships. (2) Administrative costs \nAn eligible entity that receives a grant under this section may use not more than 15 percent of the total amount of the grant for administrative expenses, including grant management services. (f) Recipient requirements \nTo be eligible to receive a fellowship funded by a grant under this section, an individual shall— (1) (A) be enrolled in, or shall have completed, an anatomical pathology or anatomical and clinical pathology residency program accredited by the Accreditation Council for Graduate Medical Education; and (B) not be, and shall never have been, in default on any public or private student loan; (2) (A) be an individual who has completed a program of baccalaureate or postbaccalaureate education and earned a degree, or completed a concentration, in forensic science, natural science, anthropology, nursing, or other medical and forensic-related fields; and (B) be a coroner or medicolegal death investigator working full-time at, or in a contractual relationship with, a publicly funded medical examiner or coroner office who— (i) has not achieved, and is seeking, certification by an accredited certification organization described in subsection (e)(1)(B)(i); or (ii) who is seeking continuing education for purposes of maintaining such certification; (3) (A) have completed a program of baccalaureate or postbaccalaureate education and earned a degree, or completed a concentration, in forensic science or physical or natural sciences, with a chemistry, toxicology, or other closely related scientific or forensic component; and (B) be employed by the eligible entity as a toxicologist or pharmacologist. (g) Tax waiver \nThe payment amounts to an individual under this section or any other benefit received by the individual from the grant recipient shall not be taxable to the individual. (h) Geographic distribution \nIn awarding grants under this section, the Secretary shall take into consideration— (1) the geographic distribution of grant funding among the States; (2) the relative proportion of grant funding between rural and urban areas; and (3) the unique needs of rural communities, including— (A) communities with an incidence of individuals with opioid use disorder that is above the national average; and (B) communities with a shortage of forensic medicine service providers. (i) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Secretary to carry out this section $13,000,000 for each of fiscal years 2025 through 2029. (2) Allocations \nOf the amounts made available each fiscal year under paragraph (1), the Secretary shall allocate— (A) subject to paragraph (3), not less than $7,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(A); (B) not less than $3,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(B); and (C) not less than $3,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(C). (3) Fellowship minimum \nIn allocating amounts for grants to eligible entities carrying out the purpose described in subsection (e)(1)(A), the Secretary shall award sufficient grant funding to such entities to ensure that not fewer than 40 forensic pathology fellowships are funded..", "id": "H7151E666B45148E8A068779BC2467FF7", "header": "Forensic medical needs", "nested": [], "links": [ { "text": "42 U.S.C. 294n et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/294n" }, { "text": "34 U.S.C. 40506", "legal-doc": "usc", "parsable-cite": "usc/34/40506" }, { "text": "Public Law 117–327", "legal-doc": "public-law", "parsable-cite": "pl/117/327" } ] }, { "text": "779. Grants to address the forensic medicine service provider shortage \n(a) Definitions \nIn this section: (1) Forensic medicine service provider \nThe term forensic medicine service provider has the meaning given the term in section 6 of Billy's Law ( 34 U.S.C. 40506 note; Public Law 117–327 ). (2) Medicolegal death investigator \nThe term medicolegal death investigator means an individual who performs formal inquiry into the circumstances surrounding the death of a human being to assist in the determination of the cause and manner of death. (3) Secretary \nThe term Secretary means the Secretary, acting through the Collaborating Office of Medical Examiners and Coroners of the Centers for Disease Control and Prevention. (b) Purposes \nThe purposes of this section are— (1) to encourage and incentivize qualified medical school graduates to enter the practice of forensic pathology by supporting forensic pathology fellowships; (2) to encourage and incentivize qualified individuals to enter the field of medicolegal death investigation to conduct death investigations in support of forensic medicine service providers; and (3) to support qualified individuals who enter the field of forensic toxicology through employment in forensic toxicology laboratories in the acquisition of skills in pharmacology, advanced and emerging toxicological methods, and instrumentation needed to assist with the interpretation of toxicological findings. (c) Grants \nThe Secretary shall award grants to eligible entities described in subsection (d) to assist such entities in addressing their shortages by offering the training and fellowships described in subsection (e)(1). (d) Eligibility \nTo be eligible to receive a grant under this section, an entity shall be— (1) a graduate medical education program— (A) accredited by the Accreditation Council for Graduate Medical Education that offers a forensic pathology fellowship that is so accredited; or (B) that is seeking such accreditation for a forensic pathology fellowship; (2) a publicly funded medical examiner or coroner office that is accredited or seeking accreditation; or (3) a publicly funded forensic toxicology laboratory that supports medical examiner and coroner offices and that is accredited or seeking accreditation. (e) Use of grant funds \n(1) In general \nAn eligible entity that receives a grant under this section shall use the grant funds— (A) to provide payment to individuals selected by such entity for a forensic pathology fellowship for salary, fringe benefits, related supply expenses, and other educational expenses of such individuals; (B) provide training for medicolegal death investigators, including paying for the costs of continuing education for medicolegal death investigators for purposes of such individuals— (i) becoming certified by the American Board of Medicolegal Death Investigation (or another accredited certifying organization); and (ii) maintaining such certification; or (C) to assist eligible entities— (i) in providing the education and training to individuals employed by such entities necessary— (I) to gain initial competency, additional training, and continuing education in pharmacology and advanced and emerging toxicological methods and instrumentation needed to assist with the interpretation of toxicological findings; (II) to become certified by the American Board of Forensic Toxicology, the American Association of Clinical Chemistry, or another accredited certifying organization; or (III) to maintain such certification or to obtain recertification by such a certifying organization; or (ii) in obtaining accreditation by the Accreditation Council for Graduate Medical Education for forensic pathology fellowships. (2) Administrative costs \nAn eligible entity that receives a grant under this section may use not more than 15 percent of the total amount of the grant for administrative expenses, including grant management services. (f) Recipient requirements \nTo be eligible to receive a fellowship funded by a grant under this section, an individual shall— (1) (A) be enrolled in, or shall have completed, an anatomical pathology or anatomical and clinical pathology residency program accredited by the Accreditation Council for Graduate Medical Education; and (B) not be, and shall never have been, in default on any public or private student loan; (2) (A) be an individual who has completed a program of baccalaureate or postbaccalaureate education and earned a degree, or completed a concentration, in forensic science, natural science, anthropology, nursing, or other medical and forensic-related fields; and (B) be a coroner or medicolegal death investigator working full-time at, or in a contractual relationship with, a publicly funded medical examiner or coroner office who— (i) has not achieved, and is seeking, certification by an accredited certification organization described in subsection (e)(1)(B)(i); or (ii) who is seeking continuing education for purposes of maintaining such certification; (3) (A) have completed a program of baccalaureate or postbaccalaureate education and earned a degree, or completed a concentration, in forensic science or physical or natural sciences, with a chemistry, toxicology, or other closely related scientific or forensic component; and (B) be employed by the eligible entity as a toxicologist or pharmacologist. (g) Tax waiver \nThe payment amounts to an individual under this section or any other benefit received by the individual from the grant recipient shall not be taxable to the individual. (h) Geographic distribution \nIn awarding grants under this section, the Secretary shall take into consideration— (1) the geographic distribution of grant funding among the States; (2) the relative proportion of grant funding between rural and urban areas; and (3) the unique needs of rural communities, including— (A) communities with an incidence of individuals with opioid use disorder that is above the national average; and (B) communities with a shortage of forensic medicine service providers. (i) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Secretary to carry out this section $13,000,000 for each of fiscal years 2025 through 2029. (2) Allocations \nOf the amounts made available each fiscal year under paragraph (1), the Secretary shall allocate— (A) subject to paragraph (3), not less than $7,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(A); (B) not less than $3,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(B); and (C) not less than $3,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(C). (3) Fellowship minimum \nIn allocating amounts for grants to eligible entities carrying out the purpose described in subsection (e)(1)(A), the Secretary shall award sufficient grant funding to such entities to ensure that not fewer than 40 forensic pathology fellowships are funded.", "id": "HB5E576EF5A26452DB22B6350F5A047AD", "header": "Grants to address the forensic medicine service provider shortage", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Forensic medicine service provider \nThe term forensic medicine service provider has the meaning given the term in section 6 of Billy's Law ( 34 U.S.C. 40506 note; Public Law 117–327 ). (2) Medicolegal death investigator \nThe term medicolegal death investigator means an individual who performs formal inquiry into the circumstances surrounding the death of a human being to assist in the determination of the cause and manner of death. (3) Secretary \nThe term Secretary means the Secretary, acting through the Collaborating Office of Medical Examiners and Coroners of the Centers for Disease Control and Prevention.", "id": "H8287423B021941E1A7D6E79483E2EECF", "header": "Definitions", "nested": [], "links": [ { "text": "34 U.S.C. 40506", "legal-doc": "usc", "parsable-cite": "usc/34/40506" }, { "text": "Public Law 117–327", "legal-doc": "public-law", "parsable-cite": "pl/117/327" } ] }, { "text": "(b) Purposes \nThe purposes of this section are— (1) to encourage and incentivize qualified medical school graduates to enter the practice of forensic pathology by supporting forensic pathology fellowships; (2) to encourage and incentivize qualified individuals to enter the field of medicolegal death investigation to conduct death investigations in support of forensic medicine service providers; and (3) to support qualified individuals who enter the field of forensic toxicology through employment in forensic toxicology laboratories in the acquisition of skills in pharmacology, advanced and emerging toxicological methods, and instrumentation needed to assist with the interpretation of toxicological findings.", "id": "H9FAE7B36A5A44660946338B285AE8B02", "header": "Purposes", "nested": [], "links": [] }, { "text": "(c) Grants \nThe Secretary shall award grants to eligible entities described in subsection (d) to assist such entities in addressing their shortages by offering the training and fellowships described in subsection (e)(1).", "id": "H414E19067E5146AA89961ED0C407E3B1", "header": "Grants", "nested": [], "links": [] }, { "text": "(d) Eligibility \nTo be eligible to receive a grant under this section, an entity shall be— (1) a graduate medical education program— (A) accredited by the Accreditation Council for Graduate Medical Education that offers a forensic pathology fellowship that is so accredited; or (B) that is seeking such accreditation for a forensic pathology fellowship; (2) a publicly funded medical examiner or coroner office that is accredited or seeking accreditation; or (3) a publicly funded forensic toxicology laboratory that supports medical examiner and coroner offices and that is accredited or seeking accreditation.", "id": "H98D5B3D9957C4F44B256E8869CB47EE3", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(e) Use of grant funds \n(1) In general \nAn eligible entity that receives a grant under this section shall use the grant funds— (A) to provide payment to individuals selected by such entity for a forensic pathology fellowship for salary, fringe benefits, related supply expenses, and other educational expenses of such individuals; (B) provide training for medicolegal death investigators, including paying for the costs of continuing education for medicolegal death investigators for purposes of such individuals— (i) becoming certified by the American Board of Medicolegal Death Investigation (or another accredited certifying organization); and (ii) maintaining such certification; or (C) to assist eligible entities— (i) in providing the education and training to individuals employed by such entities necessary— (I) to gain initial competency, additional training, and continuing education in pharmacology and advanced and emerging toxicological methods and instrumentation needed to assist with the interpretation of toxicological findings; (II) to become certified by the American Board of Forensic Toxicology, the American Association of Clinical Chemistry, or another accredited certifying organization; or (III) to maintain such certification or to obtain recertification by such a certifying organization; or (ii) in obtaining accreditation by the Accreditation Council for Graduate Medical Education for forensic pathology fellowships. (2) Administrative costs \nAn eligible entity that receives a grant under this section may use not more than 15 percent of the total amount of the grant for administrative expenses, including grant management services.", "id": "HFD02AFDBD2EC4EFEB0C8D05B5A03A1EB", "header": "Use of grant funds", "nested": [], "links": [] }, { "text": "(f) Recipient requirements \nTo be eligible to receive a fellowship funded by a grant under this section, an individual shall— (1) (A) be enrolled in, or shall have completed, an anatomical pathology or anatomical and clinical pathology residency program accredited by the Accreditation Council for Graduate Medical Education; and (B) not be, and shall never have been, in default on any public or private student loan; (2) (A) be an individual who has completed a program of baccalaureate or postbaccalaureate education and earned a degree, or completed a concentration, in forensic science, natural science, anthropology, nursing, or other medical and forensic-related fields; and (B) be a coroner or medicolegal death investigator working full-time at, or in a contractual relationship with, a publicly funded medical examiner or coroner office who— (i) has not achieved, and is seeking, certification by an accredited certification organization described in subsection (e)(1)(B)(i); or (ii) who is seeking continuing education for purposes of maintaining such certification; (3) (A) have completed a program of baccalaureate or postbaccalaureate education and earned a degree, or completed a concentration, in forensic science or physical or natural sciences, with a chemistry, toxicology, or other closely related scientific or forensic component; and (B) be employed by the eligible entity as a toxicologist or pharmacologist.", "id": "H71CDE38A7497462E836CAA7D00775C89", "header": "Recipient requirements", "nested": [], "links": [] }, { "text": "(g) Tax waiver \nThe payment amounts to an individual under this section or any other benefit received by the individual from the grant recipient shall not be taxable to the individual.", "id": "H4A870ABE0D9747A6A5401B12CFA99BC2", "header": "Tax waiver", "nested": [], "links": [] }, { "text": "(h) Geographic distribution \nIn awarding grants under this section, the Secretary shall take into consideration— (1) the geographic distribution of grant funding among the States; (2) the relative proportion of grant funding between rural and urban areas; and (3) the unique needs of rural communities, including— (A) communities with an incidence of individuals with opioid use disorder that is above the national average; and (B) communities with a shortage of forensic medicine service providers.", "id": "HFF777472ED48419A94CF863C75228BA2", "header": "Geographic distribution", "nested": [], "links": [] }, { "text": "(i) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Secretary to carry out this section $13,000,000 for each of fiscal years 2025 through 2029. (2) Allocations \nOf the amounts made available each fiscal year under paragraph (1), the Secretary shall allocate— (A) subject to paragraph (3), not less than $7,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(A); (B) not less than $3,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(B); and (C) not less than $3,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(C). (3) Fellowship minimum \nIn allocating amounts for grants to eligible entities carrying out the purpose described in subsection (e)(1)(A), the Secretary shall award sufficient grant funding to such entities to ensure that not fewer than 40 forensic pathology fellowships are funded.", "id": "H9CE1237DE62A45AF8F7755B307ABB49B", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "34 U.S.C. 40506", "legal-doc": "usc", "parsable-cite": "usc/34/40506" }, { "text": "Public Law 117–327", "legal-doc": "public-law", "parsable-cite": "pl/117/327" } ] } ]
3
1. Short title This Act may be cited as the Strengthening the Medical Examiner and Coroner System Act of 2024. 2. Forensic medical needs Part E of title VII of the Public Health Service Act ( 42 U.S.C. 294n et seq. ) is amended by adding at the end the following: 4 Forensic pathology workforce 779. Grants to address the forensic medicine service provider shortage (a) Definitions In this section: (1) Forensic medicine service provider The term forensic medicine service provider has the meaning given the term in section 6 of Billy's Law ( 34 U.S.C. 40506 note; Public Law 117–327 ). (2) Medicolegal death investigator The term medicolegal death investigator means an individual who performs formal inquiry into the circumstances surrounding the death of a human being to assist in the determination of the cause and manner of death. (3) Secretary The term Secretary means the Secretary, acting through the Collaborating Office of Medical Examiners and Coroners of the Centers for Disease Control and Prevention. (b) Purposes The purposes of this section are— (1) to encourage and incentivize qualified medical school graduates to enter the practice of forensic pathology by supporting forensic pathology fellowships; (2) to encourage and incentivize qualified individuals to enter the field of medicolegal death investigation to conduct death investigations in support of forensic medicine service providers; and (3) to support qualified individuals who enter the field of forensic toxicology through employment in forensic toxicology laboratories in the acquisition of skills in pharmacology, advanced and emerging toxicological methods, and instrumentation needed to assist with the interpretation of toxicological findings. (c) Grants The Secretary shall award grants to eligible entities described in subsection (d) to assist such entities in addressing their shortages by offering the training and fellowships described in subsection (e)(1). (d) Eligibility To be eligible to receive a grant under this section, an entity shall be— (1) a graduate medical education program— (A) accredited by the Accreditation Council for Graduate Medical Education that offers a forensic pathology fellowship that is so accredited; or (B) that is seeking such accreditation for a forensic pathology fellowship; (2) a publicly funded medical examiner or coroner office that is accredited or seeking accreditation; or (3) a publicly funded forensic toxicology laboratory that supports medical examiner and coroner offices and that is accredited or seeking accreditation. (e) Use of grant funds (1) In general An eligible entity that receives a grant under this section shall use the grant funds— (A) to provide payment to individuals selected by such entity for a forensic pathology fellowship for salary, fringe benefits, related supply expenses, and other educational expenses of such individuals; (B) provide training for medicolegal death investigators, including paying for the costs of continuing education for medicolegal death investigators for purposes of such individuals— (i) becoming certified by the American Board of Medicolegal Death Investigation (or another accredited certifying organization); and (ii) maintaining such certification; or (C) to assist eligible entities— (i) in providing the education and training to individuals employed by such entities necessary— (I) to gain initial competency, additional training, and continuing education in pharmacology and advanced and emerging toxicological methods and instrumentation needed to assist with the interpretation of toxicological findings; (II) to become certified by the American Board of Forensic Toxicology, the American Association of Clinical Chemistry, or another accredited certifying organization; or (III) to maintain such certification or to obtain recertification by such a certifying organization; or (ii) in obtaining accreditation by the Accreditation Council for Graduate Medical Education for forensic pathology fellowships. (2) Administrative costs An eligible entity that receives a grant under this section may use not more than 15 percent of the total amount of the grant for administrative expenses, including grant management services. (f) Recipient requirements To be eligible to receive a fellowship funded by a grant under this section, an individual shall— (1) (A) be enrolled in, or shall have completed, an anatomical pathology or anatomical and clinical pathology residency program accredited by the Accreditation Council for Graduate Medical Education; and (B) not be, and shall never have been, in default on any public or private student loan; (2) (A) be an individual who has completed a program of baccalaureate or postbaccalaureate education and earned a degree, or completed a concentration, in forensic science, natural science, anthropology, nursing, or other medical and forensic-related fields; and (B) be a coroner or medicolegal death investigator working full-time at, or in a contractual relationship with, a publicly funded medical examiner or coroner office who— (i) has not achieved, and is seeking, certification by an accredited certification organization described in subsection (e)(1)(B)(i); or (ii) who is seeking continuing education for purposes of maintaining such certification; (3) (A) have completed a program of baccalaureate or postbaccalaureate education and earned a degree, or completed a concentration, in forensic science or physical or natural sciences, with a chemistry, toxicology, or other closely related scientific or forensic component; and (B) be employed by the eligible entity as a toxicologist or pharmacologist. (g) Tax waiver The payment amounts to an individual under this section or any other benefit received by the individual from the grant recipient shall not be taxable to the individual. (h) Geographic distribution In awarding grants under this section, the Secretary shall take into consideration— (1) the geographic distribution of grant funding among the States; (2) the relative proportion of grant funding between rural and urban areas; and (3) the unique needs of rural communities, including— (A) communities with an incidence of individuals with opioid use disorder that is above the national average; and (B) communities with a shortage of forensic medicine service providers. (i) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $13,000,000 for each of fiscal years 2025 through 2029. (2) Allocations Of the amounts made available each fiscal year under paragraph (1), the Secretary shall allocate— (A) subject to paragraph (3), not less than $7,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(A); (B) not less than $3,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(B); and (C) not less than $3,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(C). (3) Fellowship minimum In allocating amounts for grants to eligible entities carrying out the purpose described in subsection (e)(1)(A), the Secretary shall award sufficient grant funding to such entities to ensure that not fewer than 40 forensic pathology fellowships are funded.. 779. Grants to address the forensic medicine service provider shortage (a) Definitions In this section: (1) Forensic medicine service provider The term forensic medicine service provider has the meaning given the term in section 6 of Billy's Law ( 34 U.S.C. 40506 note; Public Law 117–327 ). (2) Medicolegal death investigator The term medicolegal death investigator means an individual who performs formal inquiry into the circumstances surrounding the death of a human being to assist in the determination of the cause and manner of death. (3) Secretary The term Secretary means the Secretary, acting through the Collaborating Office of Medical Examiners and Coroners of the Centers for Disease Control and Prevention. (b) Purposes The purposes of this section are— (1) to encourage and incentivize qualified medical school graduates to enter the practice of forensic pathology by supporting forensic pathology fellowships; (2) to encourage and incentivize qualified individuals to enter the field of medicolegal death investigation to conduct death investigations in support of forensic medicine service providers; and (3) to support qualified individuals who enter the field of forensic toxicology through employment in forensic toxicology laboratories in the acquisition of skills in pharmacology, advanced and emerging toxicological methods, and instrumentation needed to assist with the interpretation of toxicological findings. (c) Grants The Secretary shall award grants to eligible entities described in subsection (d) to assist such entities in addressing their shortages by offering the training and fellowships described in subsection (e)(1). (d) Eligibility To be eligible to receive a grant under this section, an entity shall be— (1) a graduate medical education program— (A) accredited by the Accreditation Council for Graduate Medical Education that offers a forensic pathology fellowship that is so accredited; or (B) that is seeking such accreditation for a forensic pathology fellowship; (2) a publicly funded medical examiner or coroner office that is accredited or seeking accreditation; or (3) a publicly funded forensic toxicology laboratory that supports medical examiner and coroner offices and that is accredited or seeking accreditation. (e) Use of grant funds (1) In general An eligible entity that receives a grant under this section shall use the grant funds— (A) to provide payment to individuals selected by such entity for a forensic pathology fellowship for salary, fringe benefits, related supply expenses, and other educational expenses of such individuals; (B) provide training for medicolegal death investigators, including paying for the costs of continuing education for medicolegal death investigators for purposes of such individuals— (i) becoming certified by the American Board of Medicolegal Death Investigation (or another accredited certifying organization); and (ii) maintaining such certification; or (C) to assist eligible entities— (i) in providing the education and training to individuals employed by such entities necessary— (I) to gain initial competency, additional training, and continuing education in pharmacology and advanced and emerging toxicological methods and instrumentation needed to assist with the interpretation of toxicological findings; (II) to become certified by the American Board of Forensic Toxicology, the American Association of Clinical Chemistry, or another accredited certifying organization; or (III) to maintain such certification or to obtain recertification by such a certifying organization; or (ii) in obtaining accreditation by the Accreditation Council for Graduate Medical Education for forensic pathology fellowships. (2) Administrative costs An eligible entity that receives a grant under this section may use not more than 15 percent of the total amount of the grant for administrative expenses, including grant management services. (f) Recipient requirements To be eligible to receive a fellowship funded by a grant under this section, an individual shall— (1) (A) be enrolled in, or shall have completed, an anatomical pathology or anatomical and clinical pathology residency program accredited by the Accreditation Council for Graduate Medical Education; and (B) not be, and shall never have been, in default on any public or private student loan; (2) (A) be an individual who has completed a program of baccalaureate or postbaccalaureate education and earned a degree, or completed a concentration, in forensic science, natural science, anthropology, nursing, or other medical and forensic-related fields; and (B) be a coroner or medicolegal death investigator working full-time at, or in a contractual relationship with, a publicly funded medical examiner or coroner office who— (i) has not achieved, and is seeking, certification by an accredited certification organization described in subsection (e)(1)(B)(i); or (ii) who is seeking continuing education for purposes of maintaining such certification; (3) (A) have completed a program of baccalaureate or postbaccalaureate education and earned a degree, or completed a concentration, in forensic science or physical or natural sciences, with a chemistry, toxicology, or other closely related scientific or forensic component; and (B) be employed by the eligible entity as a toxicologist or pharmacologist. (g) Tax waiver The payment amounts to an individual under this section or any other benefit received by the individual from the grant recipient shall not be taxable to the individual. (h) Geographic distribution In awarding grants under this section, the Secretary shall take into consideration— (1) the geographic distribution of grant funding among the States; (2) the relative proportion of grant funding between rural and urban areas; and (3) the unique needs of rural communities, including— (A) communities with an incidence of individuals with opioid use disorder that is above the national average; and (B) communities with a shortage of forensic medicine service providers. (i) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $13,000,000 for each of fiscal years 2025 through 2029. (2) Allocations Of the amounts made available each fiscal year under paragraph (1), the Secretary shall allocate— (A) subject to paragraph (3), not less than $7,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(A); (B) not less than $3,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(B); and (C) not less than $3,000,000 for grants to eligible entities carrying out the purpose described in subsection (e)(1)(C). (3) Fellowship minimum In allocating amounts for grants to eligible entities carrying out the purpose described in subsection (e)(1)(A), the Secretary shall award sufficient grant funding to such entities to ensure that not fewer than 40 forensic pathology fellowships are funded.
14,374
[ "Ways and Means Committee", "Energy and Commerce Committee" ]
118hr5093ih
118
hr
5,093
ih
To amend title XVIII of the Social Security Act to preserve sole community hospital determinations made by the Secretary of Health and Human Services, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Patient Accessibility and Access To Community Healthcare Act or the PAATCH Act.", "id": "H071B8097067C49BCB840F00A651185D3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Preservation of sole community hospital determinations made by the Secretary of Health and Human Services \nSection 1886(d)(5)(D)(iii) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(D)(iii) ) is amended— (1) in subclause (II), by striking at the end or ; (2) in subclause (III), by striking the period at the end and inserting , or ; and (3) by adding at the end the following new subclause: (IV) for the 5-year period beginning on the date of the enactment of this subclause, that met either of the requirements specified in subclauses (I) through (III) (as in effect on the date of the enactment of this subclause) on or before March 13, 2020..", "id": "H93D001E913C64DF08306BC8CEC0EDE4B", "header": "Preservation of sole community hospital determinations made by the Secretary of Health and Human Services", "nested": [], "links": [ { "text": "42 U.S.C. 1395ww(d)(5)(D)(iii)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" } ] } ]
2
1. Short title This Act may be cited as the Patient Accessibility and Access To Community Healthcare Act or the PAATCH Act. 2. Preservation of sole community hospital determinations made by the Secretary of Health and Human Services Section 1886(d)(5)(D)(iii) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(D)(iii) ) is amended— (1) in subclause (II), by striking at the end or ; (2) in subclause (III), by striking the period at the end and inserting , or ; and (3) by adding at the end the following new subclause: (IV) for the 5-year period beginning on the date of the enactment of this subclause, that met either of the requirements specified in subclauses (I) through (III) (as in effect on the date of the enactment of this subclause) on or before March 13, 2020..
778
[ "Ways and Means Committee" ]
118hr5280ih
118
hr
5,280
ih
To amend title 28, United States Code, to provide for the expedited review of actions to which the President is a party, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Expediting Civil Litigation Against the Executive Act of 2023.", "id": "H75EACCEEE674404D84206F66FF8B739C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Expedited review of actions to which the President is a party \n(a) In general \nChapter 190 of title 28, United States Code, is amended by adding at the end the following: 5002. Expedited review of actions to which the President is a party \n(a) In general \nWith respect to a covered civil action, the following shall apply: (1) The court shall advance on the docket and expedite to the greatest possible extent the disposition of such civil action. (2) Upon the request of a party, the civil action shall be heard by a three-judge panel pursuant to section 2284. (3) An appeal may be taken directly to the Supreme Court of the United States from any final judgment in such a civil action, and if it has not previously ruled on the question, the Supreme Court shall accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal to the greatest extent possible. (b) Definition \nIn this section, the term covered civil action means a civil action in which— (1) (A) the President has a personal financial interest; or (B) the President’s conduct is alleged to constitute sexual harassment, sexual assault, or other sexual misconduct; (2) the President is properly joined as a party; and (3) the complainant has stated a valid claim upon which relief can be granted.. (b) Clerical amendment \nThe table of sections for chapter 190 of title 28, United States Code, is amended by inserting after the item related to section 5001 the following: 5002. Expedited review of actions to which the President is a party..", "id": "HD45F891608494EF5B6E49B0A2D81B545", "header": "Expedited review of actions to which the President is a party", "nested": [ { "text": "(a) In general \nChapter 190 of title 28, United States Code, is amended by adding at the end the following: 5002. Expedited review of actions to which the President is a party \n(a) In general \nWith respect to a covered civil action, the following shall apply: (1) The court shall advance on the docket and expedite to the greatest possible extent the disposition of such civil action. (2) Upon the request of a party, the civil action shall be heard by a three-judge panel pursuant to section 2284. (3) An appeal may be taken directly to the Supreme Court of the United States from any final judgment in such a civil action, and if it has not previously ruled on the question, the Supreme Court shall accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal to the greatest extent possible. (b) Definition \nIn this section, the term covered civil action means a civil action in which— (1) (A) the President has a personal financial interest; or (B) the President’s conduct is alleged to constitute sexual harassment, sexual assault, or other sexual misconduct; (2) the President is properly joined as a party; and (3) the complainant has stated a valid claim upon which relief can be granted..", "id": "H8305FC92BCD748448EE33F3233FF522E", "header": "In general", "nested": [], "links": [ { "text": "Chapter 190", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/190" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 190 of title 28, United States Code, is amended by inserting after the item related to section 5001 the following: 5002. Expedited review of actions to which the President is a party..", "id": "H9D4369B9173B417EBB80A0DAA612997A", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 190", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/190" } ] } ], "links": [ { "text": "Chapter 190", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/190" }, { "text": "chapter 190", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/190" } ] }, { "text": "5002. Expedited review of actions to which the President is a party \n(a) In general \nWith respect to a covered civil action, the following shall apply: (1) The court shall advance on the docket and expedite to the greatest possible extent the disposition of such civil action. (2) Upon the request of a party, the civil action shall be heard by a three-judge panel pursuant to section 2284. (3) An appeal may be taken directly to the Supreme Court of the United States from any final judgment in such a civil action, and if it has not previously ruled on the question, the Supreme Court shall accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal to the greatest extent possible. (b) Definition \nIn this section, the term covered civil action means a civil action in which— (1) (A) the President has a personal financial interest; or (B) the President’s conduct is alleged to constitute sexual harassment, sexual assault, or other sexual misconduct; (2) the President is properly joined as a party; and (3) the complainant has stated a valid claim upon which relief can be granted.", "id": "H52237D7E35A04AAFBAA0138B0B388530", "header": "Expedited review of actions to which the President is a party", "nested": [ { "text": "(a) In general \nWith respect to a covered civil action, the following shall apply: (1) The court shall advance on the docket and expedite to the greatest possible extent the disposition of such civil action. (2) Upon the request of a party, the civil action shall be heard by a three-judge panel pursuant to section 2284. (3) An appeal may be taken directly to the Supreme Court of the United States from any final judgment in such a civil action, and if it has not previously ruled on the question, the Supreme Court shall accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal to the greatest extent possible.", "id": "HEBBAEBDEAC774EDAB6D447DA5F1217C2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definition \nIn this section, the term covered civil action means a civil action in which— (1) (A) the President has a personal financial interest; or (B) the President’s conduct is alleged to constitute sexual harassment, sexual assault, or other sexual misconduct; (2) the President is properly joined as a party; and (3) the complainant has stated a valid claim upon which relief can be granted.", "id": "H684D44199B0F4D7AA8D79E9CFDFF562E", "header": "Definition", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Expediting Civil Litigation Against the Executive Act of 2023. 2. Expedited review of actions to which the President is a party (a) In general Chapter 190 of title 28, United States Code, is amended by adding at the end the following: 5002. Expedited review of actions to which the President is a party (a) In general With respect to a covered civil action, the following shall apply: (1) The court shall advance on the docket and expedite to the greatest possible extent the disposition of such civil action. (2) Upon the request of a party, the civil action shall be heard by a three-judge panel pursuant to section 2284. (3) An appeal may be taken directly to the Supreme Court of the United States from any final judgment in such a civil action, and if it has not previously ruled on the question, the Supreme Court shall accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal to the greatest extent possible. (b) Definition In this section, the term covered civil action means a civil action in which— (1) (A) the President has a personal financial interest; or (B) the President’s conduct is alleged to constitute sexual harassment, sexual assault, or other sexual misconduct; (2) the President is properly joined as a party; and (3) the complainant has stated a valid claim upon which relief can be granted.. (b) Clerical amendment The table of sections for chapter 190 of title 28, United States Code, is amended by inserting after the item related to section 5001 the following: 5002. Expedited review of actions to which the President is a party.. 5002. Expedited review of actions to which the President is a party (a) In general With respect to a covered civil action, the following shall apply: (1) The court shall advance on the docket and expedite to the greatest possible extent the disposition of such civil action. (2) Upon the request of a party, the civil action shall be heard by a three-judge panel pursuant to section 2284. (3) An appeal may be taken directly to the Supreme Court of the United States from any final judgment in such a civil action, and if it has not previously ruled on the question, the Supreme Court shall accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal to the greatest extent possible. (b) Definition In this section, the term covered civil action means a civil action in which— (1) (A) the President has a personal financial interest; or (B) the President’s conduct is alleged to constitute sexual harassment, sexual assault, or other sexual misconduct; (2) the President is properly joined as a party; and (3) the complainant has stated a valid claim upon which relief can be granted.
2,771
[ "Judiciary Committee" ]
118hr7098ih
118
hr
7,098
ih
To direct the Secretary of Defense to conduct a study to identify the private entities participating in Skillbridge that offer positions in registered apprenticeship programs to members of the Armed Forces.
[ { "text": "1. Short title \nThis Act may be cited as the Servicemember Apprenticeship Act.", "id": "HDC98108ED16B44088584B821313E549C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Skillbridge: study on apprenticeship programs \n(a) Study \nNot later than September 30, 2024, the Secretary of Defense, in consultation with the Secretary of the Department in which the Coast Guard is operating, shall conduct a study to identify the private entities participating in Skillbridge that offer positions in registered apprenticeship programs to covered members. (b) Recruitment \nThe Secretary shall consult with officials and employees of the Department of Labor who have experience with registered apprenticeship programs to facilitate the Secretary entering into agreements with entities that offer positions described in subsection (a) in areas where the Secretary determines few such positions are available to covered members. (c) Definitions \nIn this section: (1) The term covered member means a member of the Armed Forces eligible for Skillbridge. (2) The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (3) The term Skillbridge means an employment skills training program under section 1143(e) of title 10, United States Code.", "id": "H809DB32595AC42E3A3D67D155C2FC1D2", "header": "Skillbridge: study on apprenticeship programs", "nested": [ { "text": "(a) Study \nNot later than September 30, 2024, the Secretary of Defense, in consultation with the Secretary of the Department in which the Coast Guard is operating, shall conduct a study to identify the private entities participating in Skillbridge that offer positions in registered apprenticeship programs to covered members.", "id": "H3545D9AC35A24A63920E4F9ED48E6C6C", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Recruitment \nThe Secretary shall consult with officials and employees of the Department of Labor who have experience with registered apprenticeship programs to facilitate the Secretary entering into agreements with entities that offer positions described in subsection (a) in areas where the Secretary determines few such positions are available to covered members.", "id": "HC23148A8E8A3463380DBEF1344BE6851", "header": "Recruitment", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) The term covered member means a member of the Armed Forces eligible for Skillbridge. (2) The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (3) The term Skillbridge means an employment skills training program under section 1143(e) of title 10, United States Code.", "id": "H43D4875C215C4BEFAB9053FE0A266AA1", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 50 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/50" } ] } ], "links": [ { "text": "29 U.S.C. 50 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/50" } ] } ]
2
1. Short title This Act may be cited as the Servicemember Apprenticeship Act. 2. Skillbridge: study on apprenticeship programs (a) Study Not later than September 30, 2024, the Secretary of Defense, in consultation with the Secretary of the Department in which the Coast Guard is operating, shall conduct a study to identify the private entities participating in Skillbridge that offer positions in registered apprenticeship programs to covered members. (b) Recruitment The Secretary shall consult with officials and employees of the Department of Labor who have experience with registered apprenticeship programs to facilitate the Secretary entering into agreements with entities that offer positions described in subsection (a) in areas where the Secretary determines few such positions are available to covered members. (c) Definitions In this section: (1) The term covered member means a member of the Armed Forces eligible for Skillbridge. (2) The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (3) The term Skillbridge means an employment skills training program under section 1143(e) of title 10, United States Code.
1,299
[ "Armed Services Committee" ]
118hr973ih
118
hr
973
ih
To award a Congressional Gold Medal to Thomas W. Dortch, Jr., in recognition of his unique and substantial contributions across America in lifting marginalized people, communities, and institutions that continue to struggle for economic mobility, access to greater opportunities, equity, and equality for all people.
[ { "text": "1. Short title \nThis Act may be cited as Thomas W. Dortch, Jr. Congressional Gold Medal Act.", "id": "HB9611987E72C4AC5AAC2E38B2020BD5D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) Thomas W. Dortch, Jr., was born April 12, 1950, in Toccoa, Georgia, to Lizzie Dortch and Thomas W. Dortch, Sr., and went on to become an influential leader and mentor as well as a successful businessperson and crusader for equal justice. (2) After graduating from Whitman Street High School in 1968, Dortch attended Fort Valley State University in Fort Valley, Georgia, and graduated with a bachelor of arts in sociology in 1972. That year, he began his formal career by seeking to aid disenfranchised people through proposing projects for the State of Georgia. In 1974, he became the associate director of the Georgia Democratic Party. In 1978, Dortch began working as an administrative aide for Senator Sam Nunn of Georgia and eventually became State Director, the first African American to serve in this position. Dortch worked tirelessly to represent the interests of small businesses, minorities, and other marginalized individuals and institutions. (3) In 1986, Dortch joined the 100 Black Men of America, an international mentoring program intended to improve the quality of life and opportunities for education and employment for African Americans. He served as chairman of 100 Black Men of Atlanta and became the chairman of 100 Black Men of America’s national board of directors. That same year, he earned his master of arts in criminal justice administration from Clark Atlanta University and married Carole Dortch. (4) In 1994, after more than 16 years of government service, Dortch left his position to pursue his own business interests. He became CEO of the consulting firm TWD, Inc., and Atlanta Transportation Systems, Inc., a Fulton County paratransit company. He still holds both positions. (5) Dortch has won numerous awards highlighting his achievements, including a Presidential Citation for volunteerism from President Barack Obama, the Martin Luther King, Jr., Distinguished Service Award, and the Concerned Black Clergy’s Salute to Black Fathers Leadership Award. Dortch has four children. His unique and substantial contributions across America in lifting marginalized people, communities, and institutions that continue to struggle for economic mobility, access to greater opportunities, equity, and equality for all people. (6) Dortch is an institution builder that included founding the National Black College Alumni Hall of Fame Foundation, Inc., cofounding the Georgia Association of Minority Entrepreneurs (GAME) to fill a void as an advocacy organization for minority business development, and cofounding the Greater Atlanta Economic Alliance as a capacity building and business development organization for the construction and transportation industries. (7) Dortch is the recipient of numerous awards and honors that celebrate his efforts, a partial list includes: listed in the 2001, 2002, 2003, and 2004 May editions of Ebony magazine as one of the 100 Most Influential African Americans; listed in Spring 2001 through 2014 Publications of Atlanta Business Chronicle as one of the 100 Most Influential Atlantans; 2008 Community Service Professional of the Year Award; 2008 FraserNet Community Service Award; and 2008 Global Leadership Empowerment Award. (8) Dortch’s volunteer board service includes serving on the Board of Trustees of Leadership Atlanta, Vice Chairman of the Board, Grady Memorial Hospital Corporation, Chairman of the Board, Friendship Force International, Chairman of the Board, Fulton/DeKalb County Hospital Authority; 2010 was inducted into Atlanta Convention and Visitors Bureau’s Atlanta Hospitality Hall of Fame; three-term Chairman of the Board, The Atlanta Business League: Chair, Fort Valley State University Foundation Board, Member of Operation Hope Board of Trustees, Florida Agricultural and Mechanical University Board of Trustees, Talladega College Board of Trustees, Clark Atlanta University Board of Trustees, and Chairman of the Board, National Coalition on Black Civic Participation. (9) In 2019, Dortch was inducted into the International Civil Rights Walk of Fame. The Civil Rights Walk of Fame was created to recognize the courageous soldiers of justice who sacrificed and struggled to make equality a reality for all. Dortch’s footstep impression joined those of civil and human rights icons, such as Rosa Parks, Archbishop Emeritus Desmond Tutu, Ambassador Andrew Young, Congressman John Lewis, and others. (10) Dortch’s philanthropic and investment advice and counsel, particularly to corporate America, have benefitted countless minority organizations, institutions, and communities across America to realize and grow their programming and impact. (11) Dortch received honorary doctors degrees from Fayetteville State University, Jarvis Christian College, Fort Valley State University, University of Maryland Eastern Shore, and Livingstone College. (12) Dortch was recently honored by Clark Atlanta University and the National Coalition on Black Civic Participation in 2021 with the creation of the NCBCP Thomas W. Dortch, Jr., Institute for Leadership, Civic Engagement, Economic Empowerment, and Social Justice.", "id": "H1EEF701586BF47E586E4E1C3D84D2DA6", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Congressional gold medal \n(a) Presentation authorization \nThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Thomas W. Dortch, Jr., in recognition of his unique and substantial contributions across America in lifting marginalized people, communities, and institutions that continue to struggle for economic mobility, access to greater opportunities, equity, and equality for all people. (b) Design and striking \nFor the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.", "id": "HB24C497D9CC448BDA418557948CC9DB6", "header": "Congressional gold medal", "nested": [ { "text": "(a) Presentation authorization \nThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Thomas W. Dortch, Jr., in recognition of his unique and substantial contributions across America in lifting marginalized people, communities, and institutions that continue to struggle for economic mobility, access to greater opportunities, equity, and equality for all people.", "id": "HB0C13A606D934C06A57890CAEA3C21EA", "header": "Presentation authorization", "nested": [], "links": [] }, { "text": "(b) Design and striking \nFor the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.", "id": "HD710BDF4A3F24892ACCA99D56BB0B57B", "header": "Design and striking", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Duplicate medals \nThe Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses.", "id": "H92D30AECE7DE43ECB9856987C9B7B8EC", "header": "Duplicate medals", "nested": [], "links": [] }, { "text": "5. Status of medals \n(a) National medals \nThe medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items \nFor purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "HDC5ABAE2EC2B42A1916C0D2348D546C3", "header": "Status of medals", "nested": [ { "text": "(a) National medals \nThe medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.", "id": "HF2C60E0B6B5840A8AD2C1078EC0773E0", "header": "National medals", "nested": [], "links": [ { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/51" } ] }, { "text": "(b) Numismatic items \nFor purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "H6342392D58474CCAB0EEE06B7311E0E9", "header": "Numismatic items", "nested": [], "links": [] } ], "links": [ { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/51" } ] }, { "text": "6. Authority to use fund amounts; proceeds of sale \n(a) Authority To use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.", "id": "H9B2931C43274413FA7E3FEA60D8EBCC8", "header": "Authority to use fund amounts; proceeds of sale", "nested": [ { "text": "(a) Authority To use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act.", "id": "HACC75642126B4AFB820BC82563934417", "header": "Authority To use fund amounts", "nested": [], "links": [] }, { "text": "(b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.", "id": "HFBC000AC911649E782BFA3730875DFA4", "header": "Proceeds of sale", "nested": [], "links": [] } ], "links": [] } ]
6
1. Short title This Act may be cited as Thomas W. Dortch, Jr. Congressional Gold Medal Act. 2. Findings The Congress finds the following: (1) Thomas W. Dortch, Jr., was born April 12, 1950, in Toccoa, Georgia, to Lizzie Dortch and Thomas W. Dortch, Sr., and went on to become an influential leader and mentor as well as a successful businessperson and crusader for equal justice. (2) After graduating from Whitman Street High School in 1968, Dortch attended Fort Valley State University in Fort Valley, Georgia, and graduated with a bachelor of arts in sociology in 1972. That year, he began his formal career by seeking to aid disenfranchised people through proposing projects for the State of Georgia. In 1974, he became the associate director of the Georgia Democratic Party. In 1978, Dortch began working as an administrative aide for Senator Sam Nunn of Georgia and eventually became State Director, the first African American to serve in this position. Dortch worked tirelessly to represent the interests of small businesses, minorities, and other marginalized individuals and institutions. (3) In 1986, Dortch joined the 100 Black Men of America, an international mentoring program intended to improve the quality of life and opportunities for education and employment for African Americans. He served as chairman of 100 Black Men of Atlanta and became the chairman of 100 Black Men of America’s national board of directors. That same year, he earned his master of arts in criminal justice administration from Clark Atlanta University and married Carole Dortch. (4) In 1994, after more than 16 years of government service, Dortch left his position to pursue his own business interests. He became CEO of the consulting firm TWD, Inc., and Atlanta Transportation Systems, Inc., a Fulton County paratransit company. He still holds both positions. (5) Dortch has won numerous awards highlighting his achievements, including a Presidential Citation for volunteerism from President Barack Obama, the Martin Luther King, Jr., Distinguished Service Award, and the Concerned Black Clergy’s Salute to Black Fathers Leadership Award. Dortch has four children. His unique and substantial contributions across America in lifting marginalized people, communities, and institutions that continue to struggle for economic mobility, access to greater opportunities, equity, and equality for all people. (6) Dortch is an institution builder that included founding the National Black College Alumni Hall of Fame Foundation, Inc., cofounding the Georgia Association of Minority Entrepreneurs (GAME) to fill a void as an advocacy organization for minority business development, and cofounding the Greater Atlanta Economic Alliance as a capacity building and business development organization for the construction and transportation industries. (7) Dortch is the recipient of numerous awards and honors that celebrate his efforts, a partial list includes: listed in the 2001, 2002, 2003, and 2004 May editions of Ebony magazine as one of the 100 Most Influential African Americans; listed in Spring 2001 through 2014 Publications of Atlanta Business Chronicle as one of the 100 Most Influential Atlantans; 2008 Community Service Professional of the Year Award; 2008 FraserNet Community Service Award; and 2008 Global Leadership Empowerment Award. (8) Dortch’s volunteer board service includes serving on the Board of Trustees of Leadership Atlanta, Vice Chairman of the Board, Grady Memorial Hospital Corporation, Chairman of the Board, Friendship Force International, Chairman of the Board, Fulton/DeKalb County Hospital Authority; 2010 was inducted into Atlanta Convention and Visitors Bureau’s Atlanta Hospitality Hall of Fame; three-term Chairman of the Board, The Atlanta Business League: Chair, Fort Valley State University Foundation Board, Member of Operation Hope Board of Trustees, Florida Agricultural and Mechanical University Board of Trustees, Talladega College Board of Trustees, Clark Atlanta University Board of Trustees, and Chairman of the Board, National Coalition on Black Civic Participation. (9) In 2019, Dortch was inducted into the International Civil Rights Walk of Fame. The Civil Rights Walk of Fame was created to recognize the courageous soldiers of justice who sacrificed and struggled to make equality a reality for all. Dortch’s footstep impression joined those of civil and human rights icons, such as Rosa Parks, Archbishop Emeritus Desmond Tutu, Ambassador Andrew Young, Congressman John Lewis, and others. (10) Dortch’s philanthropic and investment advice and counsel, particularly to corporate America, have benefitted countless minority organizations, institutions, and communities across America to realize and grow their programming and impact. (11) Dortch received honorary doctors degrees from Fayetteville State University, Jarvis Christian College, Fort Valley State University, University of Maryland Eastern Shore, and Livingstone College. (12) Dortch was recently honored by Clark Atlanta University and the National Coalition on Black Civic Participation in 2021 with the creation of the NCBCP Thomas W. Dortch, Jr., Institute for Leadership, Civic Engagement, Economic Empowerment, and Social Justice. 3. Congressional gold medal (a) Presentation authorization The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Thomas W. Dortch, Jr., in recognition of his unique and substantial contributions across America in lifting marginalized people, communities, and institutions that continue to struggle for economic mobility, access to greater opportunities, equity, and equality for all people. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.
7,096
[ "Financial Services Committee" ]
118hr3053ih
118
hr
3,053
ih
To prohibit contributions to the United Nations Green Climate Fund, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the No Taxpayer Funding for United Nations Green Climate Fund Act.", "id": "H902115C72AA143EAAFA859F74A2A1069", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition \n(a) In general \nNotwithstanding any other provision of law, the Secretary of State— (1) shall withhold from mandatory United States contributions to the United Nations, in each fiscal year, an amount that represents the same proportion to the total United States contribution to the United Nations as the proportion of the United Nations budget for such fiscal year that will be made available to the United Nations Green Climate fund in that fiscal year; and (2) may not make any voluntary contribution to the United Nations Green Climate Fund. (b) Automatic rescission \nAmounts withheld from contributions pursuant to the prohibition under subsection (a)— (1) shall, on the date on which the balance of such United States contribution to the United Nations is made, be rescinded; and (2) may not be considered, on or after such date, to be arrears to be repaid to the United Nations or to any entity of the United Nations.", "id": "H90C78FA486B2426BA168CBF24E6EA73A", "header": "Prohibition", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, the Secretary of State— (1) shall withhold from mandatory United States contributions to the United Nations, in each fiscal year, an amount that represents the same proportion to the total United States contribution to the United Nations as the proportion of the United Nations budget for such fiscal year that will be made available to the United Nations Green Climate fund in that fiscal year; and (2) may not make any voluntary contribution to the United Nations Green Climate Fund.", "id": "H4A675ED465DB480DB908B5D1116C453D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Automatic rescission \nAmounts withheld from contributions pursuant to the prohibition under subsection (a)— (1) shall, on the date on which the balance of such United States contribution to the United Nations is made, be rescinded; and (2) may not be considered, on or after such date, to be arrears to be repaid to the United Nations or to any entity of the United Nations.", "id": "H24BBBFF23CE140D0A120716D2E01AEA8", "header": "Automatic rescission", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the No Taxpayer Funding for United Nations Green Climate Fund Act. 2. Prohibition (a) In general Notwithstanding any other provision of law, the Secretary of State— (1) shall withhold from mandatory United States contributions to the United Nations, in each fiscal year, an amount that represents the same proportion to the total United States contribution to the United Nations as the proportion of the United Nations budget for such fiscal year that will be made available to the United Nations Green Climate fund in that fiscal year; and (2) may not make any voluntary contribution to the United Nations Green Climate Fund. (b) Automatic rescission Amounts withheld from contributions pursuant to the prohibition under subsection (a)— (1) shall, on the date on which the balance of such United States contribution to the United Nations is made, be rescinded; and (2) may not be considered, on or after such date, to be arrears to be repaid to the United Nations or to any entity of the United Nations.
1,048
[ "Foreign Affairs Committee" ]
118hr5181ih
118
hr
5,181
ih
To amend the Food and Nutrition Act of 2008 to modify the thrifty food plan to apply to the urban and rural parts of the State of Hawaii.
[ { "text": "1. Short title \nThis Act may be cited as the Feeding Rural Families Act of 2023.", "id": "HD05E68137AB243EB8AC77E48EFFD7764", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendment \nSection 3(u)(2) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(u)(2) ) is amended— (1) by inserting urban and rural parts of before Hawaii the 1st place it appears, and (2) by inserting urban and rural before Hawaii the 2d place it appears.", "id": "H28AD59BE63D7442FB195C3F1A88998DA", "header": "Amendment", "nested": [], "links": [ { "text": "7 U.S.C. 2012(u)(2)", "legal-doc": "usc", "parsable-cite": "usc/7/2012" } ] } ]
2
1. Short title This Act may be cited as the Feeding Rural Families Act of 2023. 2. Amendment Section 3(u)(2) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(u)(2) ) is amended— (1) by inserting urban and rural parts of before Hawaii the 1st place it appears, and (2) by inserting urban and rural before Hawaii the 2d place it appears.
342
[ "Agriculture Committee" ]
118hr1991ih
118
hr
1,991
ih
To provide for a limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Mental Health for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Mental Health for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Health and Human Services, National Institutes of Health National Institute of Mental Health for fiscal year 2024 may not exceed $1,812,796,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Mental Health for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Mental Health for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Health and Human Services, National Institutes of Health National Institute of Mental Health for fiscal year 2024 may not exceed $1,812,796,000.
443
[ "Energy and Commerce Committee" ]
118hr5717ih
118
hr
5,717
ih
To provide that sanctuary jurisdictions that provide benefits to aliens who are present in the United States without lawful status under the immigration laws are ineligible for Federal funds intended to benefit such aliens.
[ { "text": "1. Short title \nThis Act may be cited as the No Bailout for Sanctuary Cities Act.", "id": "H0BFD26B329BD4A7BA59BE7AD869A94FC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Sanctuary jurisdiction defined \n(a) In general \nExcept as provided under subsection (b), for purposes of this Act, the term sanctuary jurisdiction means any State or political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from— (1) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or (2) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the release of, an individual. (b) Exception \nA State or political subdivision of a State shall not be deemed a sanctuary jurisdiction based solely on its having a policy whereby its officials will not share information regarding, or comply with a request made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer regarding, an individual who comes forward as a victim or a witness to a criminal offense.", "id": "H5B1FF54831214B739F0F3FA3E3264249", "header": "Sanctuary jurisdiction defined", "nested": [ { "text": "(a) In general \nExcept as provided under subsection (b), for purposes of this Act, the term sanctuary jurisdiction means any State or political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from— (1) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or (2) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the release of, an individual.", "id": "H1539F30CF57D46F8ACB934BADE6FD1EC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exception \nA State or political subdivision of a State shall not be deemed a sanctuary jurisdiction based solely on its having a policy whereby its officials will not share information regarding, or comply with a request made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer regarding, an individual who comes forward as a victim or a witness to a criminal offense.", "id": "H1464199254424D0298358E8B29500D0A", "header": "Exception", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Sanctuary jurisdictions ineligible for certain Federal funds \nBeginning in the fiscal year that begins after the date of enactment of this Act, a sanctuary jurisdiction is ineligible to receive any Federal funds that the sanctuary jurisdiction intends to use for the benefit (including the provision of food, shelter, healthcare services, legal services, and transportation) of aliens who are present in the United States without lawful status under the immigration laws (as such terms are defined in section 101 of the Immigration and Nationality Act).", "id": "HFF045E98ADB24F37A495A5DFCE3008FE", "header": "Sanctuary jurisdictions ineligible for certain Federal funds", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the No Bailout for Sanctuary Cities Act. 2. Sanctuary jurisdiction defined (a) In general Except as provided under subsection (b), for purposes of this Act, the term sanctuary jurisdiction means any State or political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from— (1) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or (2) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the release of, an individual. (b) Exception A State or political subdivision of a State shall not be deemed a sanctuary jurisdiction based solely on its having a policy whereby its officials will not share information regarding, or comply with a request made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer regarding, an individual who comes forward as a victim or a witness to a criminal offense. 3. Sanctuary jurisdictions ineligible for certain Federal funds Beginning in the fiscal year that begins after the date of enactment of this Act, a sanctuary jurisdiction is ineligible to receive any Federal funds that the sanctuary jurisdiction intends to use for the benefit (including the provision of food, shelter, healthcare services, legal services, and transportation) of aliens who are present in the United States without lawful status under the immigration laws (as such terms are defined in section 101 of the Immigration and Nationality Act).
1,899
[ "Judiciary Committee" ]
118hr5826eh
118
hr
5,826
eh
To require a report on sanctions under the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the No Paydays for Hostage-Takers Act.", "id": "H42FEC139D09045C290BC8BE478D28DF8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The Islamic Republic of Iran has a long history of hostage-taking and wrongful detention of United States nationals, including its illegal detention of 52 American diplomats from 1979 to 1981. (2) The Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 et seq. ), named in honor of Robert Levinson, the longest-held hostage in United States history who is presumed to have been killed by the regime while in Iranian custody, authorizes sanctions with respect to foreign persons who are responsible for or complicit in hostage-taking or unlawful or wrongful detention of United States nationals abroad.", "id": "HD7F252D87AEF4476928811731EAD9767", "header": "Findings", "nested": [], "links": [ { "text": "22 U.S.C. 1741 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/1741" } ] }, { "text": "3. Statement of policy \nIt shall be the policy of the United States to undertake additional actions and impose strict penalties to deter the Government of Iran and other hostile governments and non-state actors from hostage-taking or wrongfully detaining United States nationals.", "id": "H84A82BDD51E44394B0043F87A739486F", "header": "Statement of policy", "nested": [], "links": [] }, { "text": "4. Report and certification on restricted Iranian funds released to Qatar \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, and every 180 days thereafter for 6 years, the President shall submit to the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate the following: (1) A report on the $6,000,000,000 in funds transferred from restricted Iranian accounts in the Republic of South Korea to restricted accounts in Qatar on or after August 9, 2023. (2) A certification as to whether credible evidence or intelligence exists that any of the funds transferred have been used for any purpose other than humanitarian purposes. (3) A certification as to whether credible evidence or intelligence exists that the funds transferred have enabled the Government of Iran to increase spending on defense, intelligence, or malign foreign activities. (b) Matters to be included \nThe report required by subsection (a)(1) shall include the following: (1) An itemized list of all transactions involving the use of funds transferred, including the value of such transactions, the parties to such transactions, the financial institutions involved, the goods purchased in each transaction, the destinations and end user of such goods, the date on which the United States was notified of such transaction, and the date the transaction occurred. (2) The quantity of funds described in subsection (a)(1) in restricted accounts in Qatar at the beginning and end of each reporting period. (3) A thorough description of the process the United States Government utilized during the reporting period to review transactions involving the use of funds transferred in order to verify that such transactions were humanitarian in nature.", "id": "H55BA98D765F547BAB3EF52A1E4C41DF5", "header": "Report and certification on restricted Iranian funds released to Qatar", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of the enactment of this Act, and every 180 days thereafter for 6 years, the President shall submit to the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate the following: (1) A report on the $6,000,000,000 in funds transferred from restricted Iranian accounts in the Republic of South Korea to restricted accounts in Qatar on or after August 9, 2023. (2) A certification as to whether credible evidence or intelligence exists that any of the funds transferred have been used for any purpose other than humanitarian purposes. (3) A certification as to whether credible evidence or intelligence exists that the funds transferred have enabled the Government of Iran to increase spending on defense, intelligence, or malign foreign activities.", "id": "H4B0AF7D2B98C4E98AA3DAE47B0069980", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Matters to be included \nThe report required by subsection (a)(1) shall include the following: (1) An itemized list of all transactions involving the use of funds transferred, including the value of such transactions, the parties to such transactions, the financial institutions involved, the goods purchased in each transaction, the destinations and end user of such goods, the date on which the United States was notified of such transaction, and the date the transaction occurred. (2) The quantity of funds described in subsection (a)(1) in restricted accounts in Qatar at the beginning and end of each reporting period. (3) A thorough description of the process the United States Government utilized during the reporting period to review transactions involving the use of funds transferred in order to verify that such transactions were humanitarian in nature.", "id": "HC5EE32C1C73F4BB7AE397DFA45ACCDD3", "header": "Matters to be included", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Review and determination and reports on sanctions under the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act \n(a) Review and determination \nNot later than 180 days after the date of the enactment of this Act, and on an annual basis thereafter for 6 years, the President shall— (1) review all cases of the hostage-taking of a United States national in Iran or at the direction of the Government of Iran and all cases of the unlawful or wrongful detention of a United States national in Iran or at the direction of the Government of Iran that have occurred during the preceding 10-year period; and (2) make a determination as to whether any foreign person, based on credible evidence— (A) is responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the hostage-taking of the United States national or the unlawful or wrongful detention of the United States national; or (B) knowingly provides financial, material, or technological support for, or goods or services in support of, an activity described in subparagraph (A). (b) Reports \nNot later than 180 days after the date of the enactment of this Act, and on an annual basis thereafter for 6 years, the President shall submit to the appropriate congressional committees a report that— (1) identifies all foreign persons with respect to which the President has made a determination under subsection (a)(2); and (2) with respect to each such foreign person— (A) states whether sanctions have been imposed under section 306 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741d ) or will be imposed within 30 days of the date of the submission of the report; and (B) for whom sanctions have not been imposed or will not be imposed under section 306 of such Act, provides a description of the specific authority under which otherwise applicable sanctions are being waived, have otherwise been determined not to apply, or are not being imposed and a complete justification of the decision to waive or otherwise not apply the sanctions authorized by such sanctions programs and authorities.", "id": "HF853063972E44E048ABF00C44C17EB2E", "header": "Review and determination and reports on sanctions under the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act", "nested": [ { "text": "(a) Review and determination \nNot later than 180 days after the date of the enactment of this Act, and on an annual basis thereafter for 6 years, the President shall— (1) review all cases of the hostage-taking of a United States national in Iran or at the direction of the Government of Iran and all cases of the unlawful or wrongful detention of a United States national in Iran or at the direction of the Government of Iran that have occurred during the preceding 10-year period; and (2) make a determination as to whether any foreign person, based on credible evidence— (A) is responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the hostage-taking of the United States national or the unlawful or wrongful detention of the United States national; or (B) knowingly provides financial, material, or technological support for, or goods or services in support of, an activity described in subparagraph (A).", "id": "HEDAA4B6092434D1981C1A4878E60CB56", "header": "Review and determination", "nested": [], "links": [] }, { "text": "(b) Reports \nNot later than 180 days after the date of the enactment of this Act, and on an annual basis thereafter for 6 years, the President shall submit to the appropriate congressional committees a report that— (1) identifies all foreign persons with respect to which the President has made a determination under subsection (a)(2); and (2) with respect to each such foreign person— (A) states whether sanctions have been imposed under section 306 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741d ) or will be imposed within 30 days of the date of the submission of the report; and (B) for whom sanctions have not been imposed or will not be imposed under section 306 of such Act, provides a description of the specific authority under which otherwise applicable sanctions are being waived, have otherwise been determined not to apply, or are not being imposed and a complete justification of the decision to waive or otherwise not apply the sanctions authorized by such sanctions programs and authorities.", "id": "HBB79688961E143CC855DFE410AA506AB", "header": "Reports", "nested": [], "links": [ { "text": "22 U.S.C. 1741d", "legal-doc": "usc", "parsable-cite": "usc/22/1741d" } ] } ], "links": [ { "text": "22 U.S.C. 1741d", "legal-doc": "usc", "parsable-cite": "usc/22/1741d" } ] }, { "text": "6. Requirement to limit travel of Iranian diplomats at the United Nations \n(a) Findings \nCongress finds the following: (1) United States visa restrictions on sanctioned individuals often contain exceptions for activities in order to permit the United States to comply with the Agreement regarding the headquarters of the United Nations signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States. (2) Section 6 of Public Law 80–357 (commonly known as the United Nations Headquarters Agreement Act ) provides Nothing in the agreement shall be construed as in any way diminishing, abridging, or weakening the right of the United States to safeguard its own security.. (3) Congress has directed the President to use the President’s authority, including the authorities contained in section 6 of Public Law 80–357 , to deny any individual’s admission to the United States as a representative to the United Nations if the President determines that such individual has been found to have been engaged in espionage activities or a terrorist activity directed against the United States or its allies and may pose a threat to United States national security interests. (b) Sense of congress \nIt is the sense of Congress that Iran’s longstanding hostage-taking and wrongful detention of United States nationals, assassination plots against United States nationals outside and within the United States, and intelligence activities are a security or terrorist threat to the United States and United States interests and shall be a primary consideration in limiting travel of Iranian diplomats seeking admission to the United States for United Nations activities and their family members. (c) Denial of visas \nSection 407(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 8 U.S.C. 1102 note) is amended— (1) by striking (1) and inserting (1)(A) ; (2) by striking and at the end and inserting or ; and (3) by adding further at the end the following: (B) has been sanctioned pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism) or Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking property of weapons of mass destruction proliferators and their supporters) as of the date of the enactment of the No Paydays for Hostage-Takers Act; and. (d) Report \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the President shall submit to the appropriate congressional committees a report on whether the President has taken action to restrict the travel of Iranian diplomats seeking admission to the United States for United Nations activities and their family members and identifying each such instance in which visas were denied or travel was restricted.", "id": "HADAC9BE8047A411DA72075379B0F7664", "header": "Requirement to limit travel of Iranian diplomats at the United Nations", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) United States visa restrictions on sanctioned individuals often contain exceptions for activities in order to permit the United States to comply with the Agreement regarding the headquarters of the United Nations signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States. (2) Section 6 of Public Law 80–357 (commonly known as the United Nations Headquarters Agreement Act ) provides Nothing in the agreement shall be construed as in any way diminishing, abridging, or weakening the right of the United States to safeguard its own security.. (3) Congress has directed the President to use the President’s authority, including the authorities contained in section 6 of Public Law 80–357 , to deny any individual’s admission to the United States as a representative to the United Nations if the President determines that such individual has been found to have been engaged in espionage activities or a terrorist activity directed against the United States or its allies and may pose a threat to United States national security interests.", "id": "HFCA32A9D45F84DDB94457F4DA36AE4BB", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 80–357", "legal-doc": "public-law", "parsable-cite": "pl/80/357" }, { "text": "Public Law 80–357", "legal-doc": "public-law", "parsable-cite": "pl/80/357" } ] }, { "text": "(b) Sense of congress \nIt is the sense of Congress that Iran’s longstanding hostage-taking and wrongful detention of United States nationals, assassination plots against United States nationals outside and within the United States, and intelligence activities are a security or terrorist threat to the United States and United States interests and shall be a primary consideration in limiting travel of Iranian diplomats seeking admission to the United States for United Nations activities and their family members.", "id": "HCBCF0A3B65E041388D73B89D09D8ACB4", "header": "Sense of congress", "nested": [], "links": [] }, { "text": "(c) Denial of visas \nSection 407(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 8 U.S.C. 1102 note) is amended— (1) by striking (1) and inserting (1)(A) ; (2) by striking and at the end and inserting or ; and (3) by adding further at the end the following: (B) has been sanctioned pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism) or Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking property of weapons of mass destruction proliferators and their supporters) as of the date of the enactment of the No Paydays for Hostage-Takers Act; and.", "id": "H59FCDA8EB66D49A3A926F39B91D50745", "header": "Denial of visas", "nested": [], "links": [ { "text": "8 U.S.C. 1102", "legal-doc": "usc", "parsable-cite": "usc/8/1102" } ] }, { "text": "(d) Report \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the President shall submit to the appropriate congressional committees a report on whether the President has taken action to restrict the travel of Iranian diplomats seeking admission to the United States for United Nations activities and their family members and identifying each such instance in which visas were denied or travel was restricted.", "id": "HA8593485685A41F9B144EEFBD4996C3A", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 80–357", "legal-doc": "public-law", "parsable-cite": "pl/80/357" }, { "text": "Public Law 80–357", "legal-doc": "public-law", "parsable-cite": "pl/80/357" }, { "text": "8 U.S.C. 1102", "legal-doc": "usc", "parsable-cite": "usc/8/1102" } ] }, { "text": "7. Report on blocked Iranian assets \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the President shall submit to the appropriate congressional committees a report that includes the following: (1) An itemized list of any identifiable assets with a valuation of more than $100,000 belonging to Iranian individuals and entities that are or have been blocked or otherwise frozen pursuant to any sanctions program under any jurisdiction globally, in the prior 2 years. (2) Any changes to the status of such assets, including unblocking, unfreezing, or transferring such assets, in the prior 2 years. (3) With respect to any changes identified in paragraph (2), whether the United States Government took any action, including waiving of sanctions, that related to such unblocking or unfreezing, and a justification for any such United States actions.", "id": "HBD5F15BFD53A46A7B9E7B3DF7F1BEBDB", "header": "Report on blocked Iranian assets", "nested": [], "links": [] }, { "text": "8. Report on international efforts to freeze and seize Iranian assets \n(a) Sense of congress \nIt is the sense of Congress that the Secretary of State, the Secretary of the Treasury, and the Attorney General should, to the extent practicable— (1) carry out a coordinated international effort to find, restrain, freeze, and where appropriate and legally authorized, seize, confiscate or forfeit the assets of those individuals and entities that have been sanctioned in connection with Iran’s malign activities, including hostage-taking, wrongful detention, and human rights violations; and (2) work with foreign governments— (A) to share intelligence of financial investigations, as appropriate; (B) to oversee the assets identified pursuant to paragraph (1); and (C) to provide technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures. (b) Report \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the President shall submit to the appropriate congressional committees a report on actions described in subsection (a).", "id": "HF3371D5AF2354C54B75DB3F0236B05D9", "header": "Report on international efforts to freeze and seize Iranian assets", "nested": [ { "text": "(a) Sense of congress \nIt is the sense of Congress that the Secretary of State, the Secretary of the Treasury, and the Attorney General should, to the extent practicable— (1) carry out a coordinated international effort to find, restrain, freeze, and where appropriate and legally authorized, seize, confiscate or forfeit the assets of those individuals and entities that have been sanctioned in connection with Iran’s malign activities, including hostage-taking, wrongful detention, and human rights violations; and (2) work with foreign governments— (A) to share intelligence of financial investigations, as appropriate; (B) to oversee the assets identified pursuant to paragraph (1); and (C) to provide technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures.", "id": "H850200FB0E594A67AFCB53E111A25BD0", "header": "Sense of congress", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the President shall submit to the appropriate congressional committees a report on actions described in subsection (a).", "id": "HD004DB22A2F34B7EBD5ACCCB36B7D815", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Determination and report on invalidating United States passports for travel to Iran \n(a) Findings \nCongress finds the following: (1) The Secretary of State maintains authority to restrict the use of United States passports for travel to or use in a country or area which the Secretary has determined is a country or area in which there is imminent danger to the public health or physical safety of United States travelers, in accordance with section 51.63 of title 22, Code of Federal Regulations. (2) In 2017, the Secretary of State declared United States passports invalid for travel to, in, or through North Korea, unless specially validated for such travel, after United States citizen Otto Warmbier suffered grievous injuries in North Korean custody, which led to his death. (3) The ban on use of United States passports for travel to North Korea was renewed in 2023. (b) Sense of congress \nIt is the sense of Congress that the Secretary of State should declare United States passports invalid for travel to, in, or through Iran due to the imminent danger to the public health and physical safety of United States travelers stemming from the threat of wrongful detention or being taken hostage by the Iranian regime. (c) Determination and report \nNot later than 90 days after the date of enactment of this Act and annually thereafter for 3 years, the Secretary of State shall determine and report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate— (1) whether the travel of United States persons to Iran presents an imminent danger to the public health or physical safety of United States travelers; and (2) whether the Secretary is exercising his authority to declare United States passports invalid for travel to, in, or through Iran.", "id": "H1D8671AA69F044EDBE8BB159CCB8C75B", "header": "Determination and report on invalidating United States passports for travel to Iran", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) The Secretary of State maintains authority to restrict the use of United States passports for travel to or use in a country or area which the Secretary has determined is a country or area in which there is imminent danger to the public health or physical safety of United States travelers, in accordance with section 51.63 of title 22, Code of Federal Regulations. (2) In 2017, the Secretary of State declared United States passports invalid for travel to, in, or through North Korea, unless specially validated for such travel, after United States citizen Otto Warmbier suffered grievous injuries in North Korean custody, which led to his death. (3) The ban on use of United States passports for travel to North Korea was renewed in 2023.", "id": "HB56C603692E6401E90D5BEB8344BAC6F", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of congress \nIt is the sense of Congress that the Secretary of State should declare United States passports invalid for travel to, in, or through Iran due to the imminent danger to the public health and physical safety of United States travelers stemming from the threat of wrongful detention or being taken hostage by the Iranian regime.", "id": "H2C80FFD108D54A65B3A87E4ED7DBA300", "header": "Sense of congress", "nested": [], "links": [] }, { "text": "(c) Determination and report \nNot later than 90 days after the date of enactment of this Act and annually thereafter for 3 years, the Secretary of State shall determine and report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate— (1) whether the travel of United States persons to Iran presents an imminent danger to the public health or physical safety of United States travelers; and (2) whether the Secretary is exercising his authority to declare United States passports invalid for travel to, in, or through Iran.", "id": "H5CAE6E1F09D0414DA78F194BB93B253F", "header": "Determination and report", "nested": [], "links": [] } ], "links": [] }, { "text": "10. Strategy to deter hostage-taking \nNot later than 180 days after the date of the enactment of this Act, the President shall develop and submit to Congress a strategy to deter and prevent wrongful detention and hostage-taking by United States adversaries, including identifying penalties for wrongful detention and hostage-taking, identifying clear United States Government policies barring the payment of ransom or transactions that could be viewed as ransom by the United States Government, and detailing plans to coordinate with United States allies and partners on such strategy.", "id": "H161DF916DB754B90A0E6965E689D4D3F", "header": "Strategy to deter hostage-taking", "nested": [], "links": [] }, { "text": "11. Definitions \nIn this Act: (1) Appropriate congressional committees \nthe term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. (2) Foreign person \nThe term foreign person — (A) means an individual or entity that is not a United States person; and (B) includes a foreign state (as such term is defined in section 1603 of title 28, United States Code). (3) United states national \nThe term United States national has the meaning given that term in section 307(2) of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741e(2) ).", "id": "H4827D9359459491A9E88623617C439FD", "header": "Definitions", "nested": [], "links": [ { "text": "22 U.S.C. 1741e(2)", "legal-doc": "usc", "parsable-cite": "usc/22/1741e" } ] } ]
11
1. Short title This Act may be cited as the No Paydays for Hostage-Takers Act. 2. Findings Congress finds the following: (1) The Islamic Republic of Iran has a long history of hostage-taking and wrongful detention of United States nationals, including its illegal detention of 52 American diplomats from 1979 to 1981. (2) The Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 et seq. ), named in honor of Robert Levinson, the longest-held hostage in United States history who is presumed to have been killed by the regime while in Iranian custody, authorizes sanctions with respect to foreign persons who are responsible for or complicit in hostage-taking or unlawful or wrongful detention of United States nationals abroad. 3. Statement of policy It shall be the policy of the United States to undertake additional actions and impose strict penalties to deter the Government of Iran and other hostile governments and non-state actors from hostage-taking or wrongfully detaining United States nationals. 4. Report and certification on restricted Iranian funds released to Qatar (a) In general Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter for 6 years, the President shall submit to the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate the following: (1) A report on the $6,000,000,000 in funds transferred from restricted Iranian accounts in the Republic of South Korea to restricted accounts in Qatar on or after August 9, 2023. (2) A certification as to whether credible evidence or intelligence exists that any of the funds transferred have been used for any purpose other than humanitarian purposes. (3) A certification as to whether credible evidence or intelligence exists that the funds transferred have enabled the Government of Iran to increase spending on defense, intelligence, or malign foreign activities. (b) Matters to be included The report required by subsection (a)(1) shall include the following: (1) An itemized list of all transactions involving the use of funds transferred, including the value of such transactions, the parties to such transactions, the financial institutions involved, the goods purchased in each transaction, the destinations and end user of such goods, the date on which the United States was notified of such transaction, and the date the transaction occurred. (2) The quantity of funds described in subsection (a)(1) in restricted accounts in Qatar at the beginning and end of each reporting period. (3) A thorough description of the process the United States Government utilized during the reporting period to review transactions involving the use of funds transferred in order to verify that such transactions were humanitarian in nature. 5. Review and determination and reports on sanctions under the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (a) Review and determination Not later than 180 days after the date of the enactment of this Act, and on an annual basis thereafter for 6 years, the President shall— (1) review all cases of the hostage-taking of a United States national in Iran or at the direction of the Government of Iran and all cases of the unlawful or wrongful detention of a United States national in Iran or at the direction of the Government of Iran that have occurred during the preceding 10-year period; and (2) make a determination as to whether any foreign person, based on credible evidence— (A) is responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the hostage-taking of the United States national or the unlawful or wrongful detention of the United States national; or (B) knowingly provides financial, material, or technological support for, or goods or services in support of, an activity described in subparagraph (A). (b) Reports Not later than 180 days after the date of the enactment of this Act, and on an annual basis thereafter for 6 years, the President shall submit to the appropriate congressional committees a report that— (1) identifies all foreign persons with respect to which the President has made a determination under subsection (a)(2); and (2) with respect to each such foreign person— (A) states whether sanctions have been imposed under section 306 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741d ) or will be imposed within 30 days of the date of the submission of the report; and (B) for whom sanctions have not been imposed or will not be imposed under section 306 of such Act, provides a description of the specific authority under which otherwise applicable sanctions are being waived, have otherwise been determined not to apply, or are not being imposed and a complete justification of the decision to waive or otherwise not apply the sanctions authorized by such sanctions programs and authorities. 6. Requirement to limit travel of Iranian diplomats at the United Nations (a) Findings Congress finds the following: (1) United States visa restrictions on sanctioned individuals often contain exceptions for activities in order to permit the United States to comply with the Agreement regarding the headquarters of the United Nations signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States. (2) Section 6 of Public Law 80–357 (commonly known as the United Nations Headquarters Agreement Act ) provides Nothing in the agreement shall be construed as in any way diminishing, abridging, or weakening the right of the United States to safeguard its own security.. (3) Congress has directed the President to use the President’s authority, including the authorities contained in section 6 of Public Law 80–357 , to deny any individual’s admission to the United States as a representative to the United Nations if the President determines that such individual has been found to have been engaged in espionage activities or a terrorist activity directed against the United States or its allies and may pose a threat to United States national security interests. (b) Sense of congress It is the sense of Congress that Iran’s longstanding hostage-taking and wrongful detention of United States nationals, assassination plots against United States nationals outside and within the United States, and intelligence activities are a security or terrorist threat to the United States and United States interests and shall be a primary consideration in limiting travel of Iranian diplomats seeking admission to the United States for United Nations activities and their family members. (c) Denial of visas Section 407(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 8 U.S.C. 1102 note) is amended— (1) by striking (1) and inserting (1)(A) ; (2) by striking and at the end and inserting or ; and (3) by adding further at the end the following: (B) has been sanctioned pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism) or Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking property of weapons of mass destruction proliferators and their supporters) as of the date of the enactment of the No Paydays for Hostage-Takers Act; and. (d) Report Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the President shall submit to the appropriate congressional committees a report on whether the President has taken action to restrict the travel of Iranian diplomats seeking admission to the United States for United Nations activities and their family members and identifying each such instance in which visas were denied or travel was restricted. 7. Report on blocked Iranian assets Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the President shall submit to the appropriate congressional committees a report that includes the following: (1) An itemized list of any identifiable assets with a valuation of more than $100,000 belonging to Iranian individuals and entities that are or have been blocked or otherwise frozen pursuant to any sanctions program under any jurisdiction globally, in the prior 2 years. (2) Any changes to the status of such assets, including unblocking, unfreezing, or transferring such assets, in the prior 2 years. (3) With respect to any changes identified in paragraph (2), whether the United States Government took any action, including waiving of sanctions, that related to such unblocking or unfreezing, and a justification for any such United States actions. 8. Report on international efforts to freeze and seize Iranian assets (a) Sense of congress It is the sense of Congress that the Secretary of State, the Secretary of the Treasury, and the Attorney General should, to the extent practicable— (1) carry out a coordinated international effort to find, restrain, freeze, and where appropriate and legally authorized, seize, confiscate or forfeit the assets of those individuals and entities that have been sanctioned in connection with Iran’s malign activities, including hostage-taking, wrongful detention, and human rights violations; and (2) work with foreign governments— (A) to share intelligence of financial investigations, as appropriate; (B) to oversee the assets identified pursuant to paragraph (1); and (C) to provide technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures. (b) Report Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the President shall submit to the appropriate congressional committees a report on actions described in subsection (a). 9. Determination and report on invalidating United States passports for travel to Iran (a) Findings Congress finds the following: (1) The Secretary of State maintains authority to restrict the use of United States passports for travel to or use in a country or area which the Secretary has determined is a country or area in which there is imminent danger to the public health or physical safety of United States travelers, in accordance with section 51.63 of title 22, Code of Federal Regulations. (2) In 2017, the Secretary of State declared United States passports invalid for travel to, in, or through North Korea, unless specially validated for such travel, after United States citizen Otto Warmbier suffered grievous injuries in North Korean custody, which led to his death. (3) The ban on use of United States passports for travel to North Korea was renewed in 2023. (b) Sense of congress It is the sense of Congress that the Secretary of State should declare United States passports invalid for travel to, in, or through Iran due to the imminent danger to the public health and physical safety of United States travelers stemming from the threat of wrongful detention or being taken hostage by the Iranian regime. (c) Determination and report Not later than 90 days after the date of enactment of this Act and annually thereafter for 3 years, the Secretary of State shall determine and report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate— (1) whether the travel of United States persons to Iran presents an imminent danger to the public health or physical safety of United States travelers; and (2) whether the Secretary is exercising his authority to declare United States passports invalid for travel to, in, or through Iran. 10. Strategy to deter hostage-taking Not later than 180 days after the date of the enactment of this Act, the President shall develop and submit to Congress a strategy to deter and prevent wrongful detention and hostage-taking by United States adversaries, including identifying penalties for wrongful detention and hostage-taking, identifying clear United States Government policies barring the payment of ransom or transactions that could be viewed as ransom by the United States Government, and detailing plans to coordinate with United States allies and partners on such strategy. 11. Definitions In this Act: (1) Appropriate congressional committees the term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. (2) Foreign person The term foreign person — (A) means an individual or entity that is not a United States person; and (B) includes a foreign state (as such term is defined in section 1603 of title 28, United States Code). (3) United states national The term United States national has the meaning given that term in section 307(2) of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741e(2) ).
13,209
[ "Foreign Relations Committee", "Foreign Affairs Committee", "Judiciary Committee" ]
118hr5651ih
118
hr
5,651
ih
To deny asylum to members of a Communist or other totalitarian party, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the No Asylum for CCP Spies Act.", "id": "H4ADE6CBEBA124D19855E82C5A31C8F25", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Denial of asylum to members of a Communist or other totalitarian party \nSection 208(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (v), by striking or at the end; (B) in clause (vi), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (vii) the alien is described in section 212(a)(3)(D)(i), except as provided in subparagraph (B)(iii) and subject to ; and (2) in subparagraph (B), by adding at the end the following: (iii) Exception to party membership \nNotwithstanding subparagraph (A)(vii), an alien who is described in section 212(a)(3)(D)(i) may be granted asylum pursuant to paragraph (1) if— (I) the alien— (aa) has, before applying for asylum and through a service approved by the Federal Government, publicly renounced his or her membership in the Communist or totalitarian party of which the alien was a member or with which the alien was affiliated and denounces such party during the asylum adjudication process; and (bb) establishes, to the satisfaction of the Attorney General or the Secretary of Homeland Security, that the membership or affiliation of the alien with a Communist or totalitarian party is or was involuntary, limited to a period when the alien was younger than 16 years of age, automatic, by operation of law, without the alien's personal acquiescence, or solely for the purpose of obtaining employment, food rations, or other living essentials; and (II) the Attorney General or the Secretary of Homeland Security, in consultation with the Director of National Intelligence, determines that the alien is not a danger to the security of the United States. (iv) Waiver \n(I) In general \nIn the case of an alien described in section 212(a)(3)(D)(i) who is not eligible for asylum under clause (iii), the Attorney General or the Secretary of Homeland Security may waive the application of such section if the Attorney General or the Secretary, in consultation with the Director of National Intelligence, determines that such alien has significant information relating to national security. (II) Conditions \nAn alien may only be granted a waiver under this clause if— (aa) the alien, through a service approved by the Federal Government, publicly renounces his or her membership in the Communist or totalitarian party of which the alien was a member or with which the alien was affiliated and denounces such party during the asylum adjudication process; and (bb) the Attorney General or the Secretary of Homeland Security, in consultation with the Director of National Intelligence, determines that the alien is not a danger to the security of the United States..", "id": "H812D9868A86E42EABBA4C874AB8CFC02", "header": "Denial of asylum to members of a Communist or other totalitarian party", "nested": [], "links": [ { "text": "8 U.S.C. 1158(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1158" } ] } ]
2
1. Short title This Act may be cited as the No Asylum for CCP Spies Act. 2. Denial of asylum to members of a Communist or other totalitarian party Section 208(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (v), by striking or at the end; (B) in clause (vi), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (vii) the alien is described in section 212(a)(3)(D)(i), except as provided in subparagraph (B)(iii) and subject to ; and (2) in subparagraph (B), by adding at the end the following: (iii) Exception to party membership Notwithstanding subparagraph (A)(vii), an alien who is described in section 212(a)(3)(D)(i) may be granted asylum pursuant to paragraph (1) if— (I) the alien— (aa) has, before applying for asylum and through a service approved by the Federal Government, publicly renounced his or her membership in the Communist or totalitarian party of which the alien was a member or with which the alien was affiliated and denounces such party during the asylum adjudication process; and (bb) establishes, to the satisfaction of the Attorney General or the Secretary of Homeland Security, that the membership or affiliation of the alien with a Communist or totalitarian party is or was involuntary, limited to a period when the alien was younger than 16 years of age, automatic, by operation of law, without the alien's personal acquiescence, or solely for the purpose of obtaining employment, food rations, or other living essentials; and (II) the Attorney General or the Secretary of Homeland Security, in consultation with the Director of National Intelligence, determines that the alien is not a danger to the security of the United States. (iv) Waiver (I) In general In the case of an alien described in section 212(a)(3)(D)(i) who is not eligible for asylum under clause (iii), the Attorney General or the Secretary of Homeland Security may waive the application of such section if the Attorney General or the Secretary, in consultation with the Director of National Intelligence, determines that such alien has significant information relating to national security. (II) Conditions An alien may only be granted a waiver under this clause if— (aa) the alien, through a service approved by the Federal Government, publicly renounces his or her membership in the Communist or totalitarian party of which the alien was a member or with which the alien was affiliated and denounces such party during the asylum adjudication process; and (bb) the Attorney General or the Secretary of Homeland Security, in consultation with the Director of National Intelligence, determines that the alien is not a danger to the security of the United States..
2,785
[ "Judiciary Committee" ]
118hr3117ih
118
hr
3,117
ih
To establish a program for the Secretary of Housing and Urban Development to make grants to States and continua of care to carry out conversions of structures for use as emergency shelters and housing for homeless persons and families, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Hotel to Housing Conversion Act of 2023.", "id": "H54AE7B721CDC4E9D994DD4591E97CE3B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Grants for converting structures for use as emergency shelters and housing for homeless persons and families \n(a) Authority \nThe Secretary of Housing and Urban Development shall carry out a program under this section to make grants to States and continua of care for distribution to units of local government and private nonprofit organizations to assist in carrying out conversions of structures for use as emergency, temporary, and transitional housing and emergency shelters for homeless persons and families. (b) Use of grant amounts \nAmounts from a grant under this section shall be used only in connection with the conversion of hotels, motels, or vacant, blighted, or unused residential properties for use as housing or shelter as provided in subsection (a), including for— (1) the acquisition (by purchase or lease), rehabilitation, renovation, or other conversion of such structures; (2) operating costs in connection with use of such structures as housing or shelters; and (3) providing supportive services, as such term is defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ), homelessness prevention services, and housing counseling services in connection with the converted housing or shelter. (c) Application; selection \nThe Secretary shall provide for States and continua of care to apply for grants under this section and shall select States and continua of care to receive such grants based on a competition that takes into account— (1) the level of housing instability in the jurisdiction of the applicant and the need— (A) for emergency, transitional, or permanent housing or emergency shelters for homeless persons and families; (B) to address safety and public health needs of such persons and families; and (C) for supportive services for such persons and families; and (2) the effectiveness of the proposed method of distribution of grant amounts to units of local government and private nonprofit organizations in addressing such needs. (d) Reports \nThe Secretary shall require each recipient of a grant under this section to submit a report to the Secretary, upon the expiration of the 12-month period beginning upon the award of such grant, detailing how grant amounts were used and describing the effect of such use on the level of homelessness in the jurisdiction of the recipient. (e) Definitions \nFor purposes of this section, the following definitions shall apply: (1) Continuum of care \nThe term continuum of care means a collaborative applicant established and operating for a geographic area for purposes of the Continuum of Care Program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ). (2) Emergency housing \nThe term emergency housing means housing that is provided on a short-term and temporary basis to address emergency situations. Such term does not include transitional or permanent housing, as such terms are defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). (3) Emergency shelter; private nonprofit organization; State \nThe terms emergency shelter , private nonprofit organization , and State have the meanings given such terms in section 321 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11351 ). (4) Homeless \nThe term homeless has the meaning given such term in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ). (5) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development. (6) Permanent housing; transitional housing \nThe terms permanent housing and transitional housing have the meanings given such term in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). (f) Authorization of appropriations \nThere is authorized to be appropriated for grants under this section $750,000,000 for each of fiscal years 2024 through 2028.", "id": "HD5C1DB66F4244519A8EBB30256B63DE2", "header": "Grants for converting structures for use as emergency shelters and housing for homeless persons and families", "nested": [ { "text": "(a) Authority \nThe Secretary of Housing and Urban Development shall carry out a program under this section to make grants to States and continua of care for distribution to units of local government and private nonprofit organizations to assist in carrying out conversions of structures for use as emergency, temporary, and transitional housing and emergency shelters for homeless persons and families.", "id": "H6F1A920E35D74088B678D55DA59B5744", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Use of grant amounts \nAmounts from a grant under this section shall be used only in connection with the conversion of hotels, motels, or vacant, blighted, or unused residential properties for use as housing or shelter as provided in subsection (a), including for— (1) the acquisition (by purchase or lease), rehabilitation, renovation, or other conversion of such structures; (2) operating costs in connection with use of such structures as housing or shelters; and (3) providing supportive services, as such term is defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ), homelessness prevention services, and housing counseling services in connection with the converted housing or shelter.", "id": "HEA3BB4A7AF0647739A302B35C6C0F689", "header": "Use of grant amounts", "nested": [], "links": [ { "text": "42 U.S.C. 11360", "legal-doc": "usc", "parsable-cite": "usc/42/11360" } ] }, { "text": "(c) Application; selection \nThe Secretary shall provide for States and continua of care to apply for grants under this section and shall select States and continua of care to receive such grants based on a competition that takes into account— (1) the level of housing instability in the jurisdiction of the applicant and the need— (A) for emergency, transitional, or permanent housing or emergency shelters for homeless persons and families; (B) to address safety and public health needs of such persons and families; and (C) for supportive services for such persons and families; and (2) the effectiveness of the proposed method of distribution of grant amounts to units of local government and private nonprofit organizations in addressing such needs.", "id": "H906629E8367840299218AC1E534ECA9C", "header": "Application; selection", "nested": [], "links": [] }, { "text": "(d) Reports \nThe Secretary shall require each recipient of a grant under this section to submit a report to the Secretary, upon the expiration of the 12-month period beginning upon the award of such grant, detailing how grant amounts were used and describing the effect of such use on the level of homelessness in the jurisdiction of the recipient.", "id": "HC4C420DFF8E3437F8456713961DA414B", "header": "Reports", "nested": [], "links": [] }, { "text": "(e) Definitions \nFor purposes of this section, the following definitions shall apply: (1) Continuum of care \nThe term continuum of care means a collaborative applicant established and operating for a geographic area for purposes of the Continuum of Care Program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ). (2) Emergency housing \nThe term emergency housing means housing that is provided on a short-term and temporary basis to address emergency situations. Such term does not include transitional or permanent housing, as such terms are defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). (3) Emergency shelter; private nonprofit organization; State \nThe terms emergency shelter , private nonprofit organization , and State have the meanings given such terms in section 321 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11351 ). (4) Homeless \nThe term homeless has the meaning given such term in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ). (5) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development. (6) Permanent housing; transitional housing \nThe terms permanent housing and transitional housing have the meanings given such term in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ).", "id": "HD12DE13DE2D8421CA062CA25A7C4A5D2", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 11381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/11381" }, { "text": "42 U.S.C. 11360", "legal-doc": "usc", "parsable-cite": "usc/42/11360" }, { "text": "42 U.S.C. 11351", "legal-doc": "usc", "parsable-cite": "usc/42/11351" }, { "text": "42 U.S.C. 11302", "legal-doc": "usc", "parsable-cite": "usc/42/11302" }, { "text": "42 U.S.C. 11360", "legal-doc": "usc", "parsable-cite": "usc/42/11360" } ] }, { "text": "(f) Authorization of appropriations \nThere is authorized to be appropriated for grants under this section $750,000,000 for each of fiscal years 2024 through 2028.", "id": "H92E6CFFADA7F492196F5C64688BAF9A6", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 11360", "legal-doc": "usc", "parsable-cite": "usc/42/11360" }, { "text": "42 U.S.C. 11381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/11381" }, { "text": "42 U.S.C. 11360", "legal-doc": "usc", "parsable-cite": "usc/42/11360" }, { "text": "42 U.S.C. 11351", "legal-doc": "usc", "parsable-cite": "usc/42/11351" }, { "text": "42 U.S.C. 11302", "legal-doc": "usc", "parsable-cite": "usc/42/11302" }, { "text": "42 U.S.C. 11360", "legal-doc": "usc", "parsable-cite": "usc/42/11360" } ] } ]
2
1. Short title This Act may be cited as the Hotel to Housing Conversion Act of 2023. 2. Grants for converting structures for use as emergency shelters and housing for homeless persons and families (a) Authority The Secretary of Housing and Urban Development shall carry out a program under this section to make grants to States and continua of care for distribution to units of local government and private nonprofit organizations to assist in carrying out conversions of structures for use as emergency, temporary, and transitional housing and emergency shelters for homeless persons and families. (b) Use of grant amounts Amounts from a grant under this section shall be used only in connection with the conversion of hotels, motels, or vacant, blighted, or unused residential properties for use as housing or shelter as provided in subsection (a), including for— (1) the acquisition (by purchase or lease), rehabilitation, renovation, or other conversion of such structures; (2) operating costs in connection with use of such structures as housing or shelters; and (3) providing supportive services, as such term is defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ), homelessness prevention services, and housing counseling services in connection with the converted housing or shelter. (c) Application; selection The Secretary shall provide for States and continua of care to apply for grants under this section and shall select States and continua of care to receive such grants based on a competition that takes into account— (1) the level of housing instability in the jurisdiction of the applicant and the need— (A) for emergency, transitional, or permanent housing or emergency shelters for homeless persons and families; (B) to address safety and public health needs of such persons and families; and (C) for supportive services for such persons and families; and (2) the effectiveness of the proposed method of distribution of grant amounts to units of local government and private nonprofit organizations in addressing such needs. (d) Reports The Secretary shall require each recipient of a grant under this section to submit a report to the Secretary, upon the expiration of the 12-month period beginning upon the award of such grant, detailing how grant amounts were used and describing the effect of such use on the level of homelessness in the jurisdiction of the recipient. (e) Definitions For purposes of this section, the following definitions shall apply: (1) Continuum of care The term continuum of care means a collaborative applicant established and operating for a geographic area for purposes of the Continuum of Care Program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ). (2) Emergency housing The term emergency housing means housing that is provided on a short-term and temporary basis to address emergency situations. Such term does not include transitional or permanent housing, as such terms are defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). (3) Emergency shelter; private nonprofit organization; State The terms emergency shelter , private nonprofit organization , and State have the meanings given such terms in section 321 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11351 ). (4) Homeless The term homeless has the meaning given such term in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ). (5) Secretary The term Secretary means the Secretary of Housing and Urban Development. (6) Permanent housing; transitional housing The terms permanent housing and transitional housing have the meanings given such term in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). (f) Authorization of appropriations There is authorized to be appropriated for grants under this section $750,000,000 for each of fiscal years 2024 through 2028.
3,983
[ "Financial Services Committee" ]
118hr3236ih
118
hr
3,236
ih
To ensure that Federal laws that enable Federal, State, and local law enforcement agencies to access firearms apply equally to Tribal law enforcement agencies.
[ { "text": "1. Short title \nThis Act may be cited as the Tribal Police Department Parity Act.", "id": "HF0D01A6130B248E6B1B361A0A9300725", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Tribal law enforcement access to firearms \n(a) Amendments to title 18 , United States Code \n(1) Transfer and possession of post-1986 machineguns \nSection 922(o)(2)(A) of title 18, United States Code, is amended— (A) by striking or a State, or and inserting , a State or ; and (B) by inserting before ; or the following: , or an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or any department or agency thereof. (2) Transportation, shipment, receipt, possession, and importation of firearms and ammunition \nSection 925(a)(1) of such title is amended— (A) by striking or any State and inserting , any State ; and (B) by inserting before the period at the end the following: , or any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or any department or agency thereof. (b) Amendments to Internal Revenue Code of 1986 \n(1) Transfer tax exemption \nSection 5853(a) of the Internal Revenue Code of 1986 is amended by inserting , Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) after any State. (2) Making tax exemption \nSection 5853(b) of such Code is amended by inserting , Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) after any State. (3) Effective date \nThe amendments made by this subsection shall apply to any firearm transferred or made after the date of enactment of this Act.", "id": "H160FCE4A894C4F3D971E6ABEEEAC5BFB", "header": "Tribal law enforcement access to firearms", "nested": [ { "text": "(a) Amendments to title 18 , United States Code \n(1) Transfer and possession of post-1986 machineguns \nSection 922(o)(2)(A) of title 18, United States Code, is amended— (A) by striking or a State, or and inserting , a State or ; and (B) by inserting before ; or the following: , or an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or any department or agency thereof. (2) Transportation, shipment, receipt, possession, and importation of firearms and ammunition \nSection 925(a)(1) of such title is amended— (A) by striking or any State and inserting , any State ; and (B) by inserting before the period at the end the following: , or any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or any department or agency thereof.", "id": "H557F4E2CAE764AFDA5275B1D18EFE1E4", "header": "Amendments to title 18, United States Code", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "(b) Amendments to Internal Revenue Code of 1986 \n(1) Transfer tax exemption \nSection 5853(a) of the Internal Revenue Code of 1986 is amended by inserting , Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) after any State. (2) Making tax exemption \nSection 5853(b) of such Code is amended by inserting , Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) after any State. (3) Effective date \nThe amendments made by this subsection shall apply to any firearm transferred or made after the date of enactment of this Act.", "id": "H4C7B2B7AD4F140E9AFA25FD3BC88A9B9", "header": "Amendments to Internal Revenue Code of 1986", "nested": [], "links": [ { "text": "Section 5853(a)", "legal-doc": "usc", "parsable-cite": "usc/26/5853" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] } ], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "Section 5853(a)", "legal-doc": "usc", "parsable-cite": "usc/26/5853" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] } ]
2
1. Short title This Act may be cited as the Tribal Police Department Parity Act. 2. Tribal law enforcement access to firearms (a) Amendments to title 18 , United States Code (1) Transfer and possession of post-1986 machineguns Section 922(o)(2)(A) of title 18, United States Code, is amended— (A) by striking or a State, or and inserting , a State or ; and (B) by inserting before ; or the following: , or an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or any department or agency thereof. (2) Transportation, shipment, receipt, possession, and importation of firearms and ammunition Section 925(a)(1) of such title is amended— (A) by striking or any State and inserting , any State ; and (B) by inserting before the period at the end the following: , or any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or any department or agency thereof. (b) Amendments to Internal Revenue Code of 1986 (1) Transfer tax exemption Section 5853(a) of the Internal Revenue Code of 1986 is amended by inserting , Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) after any State. (2) Making tax exemption Section 5853(b) of such Code is amended by inserting , Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) after any State. (3) Effective date The amendments made by this subsection shall apply to any firearm transferred or made after the date of enactment of this Act.
1,654
[ "Judiciary Committee", "Ways and Means Committee" ]
118hr4325ih
118
hr
4,325
ih
To amend title 38, United States Code, to expand the Center for Minority Veterans and the Advisory Committee on Minority Veterans to include services for historically underserved veterans, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Historically Underserved Veterans Inclusion Act of 2023.", "id": "H7D1F309F4C5148B58397AFEAC6C28B4C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Expansion of Center for Minority Veterans and Advisory Committee on Minority Veterans of the Department of Veterans Affairs \n(a) Center for Minority and Historically Underserved Veterans \nSection 317 of title 38, United States Code, is amended— (1) in the heading, by inserting and Historically Underserved after Minority ; (2) by inserting Executive before Director each place it appears; (3) in subsection (a)— (A) by inserting and Historically Underserved after Minority ; and (B) by striking the Center a and inserting the Center an ; (4) in subsection (d), by striking veterans who are minorities each place it appears and inserting covered veterans ; (5) in subsection (g)— (A) in paragraph (1)— (i) by striking veterans who are minorities means and inserting covered veterans ; and (ii) by inserting and veterans who are historically underserved after minority group members ; and (B) in paragraph (2)— (i) by striking The term and inserting The terms ; (ii) by inserting and veterans who are historically underserved after minority group member ; (iii) by striking has the meaning given such term and inserting have the meanings given such terms ; and (iv) by striking section 544(d) and inserting section 544. (b) Advisory Committee on Minority and Historically Underserved Veterans \nSection 544 of title 38, United States Code, is amended— (1) in the heading, by inserting and Historically Underserved after Minority ; (2) by striking veterans who are minority group members each place it appears and inserting covered veterans ; (3) in subsection (a)— (A) in paragraph (1), by inserting and Historically Underserved after Minority ; (B) in paragraph (2)— (i) in subparagraph (A)(v)— (I) by striking women ; and (II) by inserting who are women before and are ; and (ii) in subparagraph (B), by adding at the end the following new clauses: (vii) The Secretary of Housing and Urban Development (or a representative of the Secretary of Housing and Urban Development designated by the Secretary of Housing and Urban Development). (viii) The Secretary of Education (or a representative of the Secretary of Education designated by the Secretary of Education). (ix) The Attorney General (or a representative of the Attorney General designated by the Attorney General). (x) The Administrator of the Small Business Administration (or a representative of the Administrator of the Small Business Administration designated by the Administrator of the Small Business Administration). (xi) The Director of the Office of National Drug Control Policy (or a representative of the Director of the Office of National Drug Control Policy designated by the Director of the Office of National Drug Control Policy). ; and (C) by adding at the end the following new paragraph: (5) The duties of the Committee are to advise the Secretary on the following: (A) Modifying programs of the Department relating to policy, regulations, and legislative affairs to improve the representation of covered veterans within the Department. (B) Expanding benefits and services under the laws administered by the Secretary for covered veterans, including such benefits and services relating to health care, suicide prevention, and homelessness. (C) Incorporating research and practices from outreach programs to improve the provision of health care and burial benefits under the laws administered by the Secretary to covered veterans. (D) Addressing issues raised by State and local organizations that serve covered veterans. (E) Issuing, to private, non-profit, and faith-based organizations that serve covered veterans, guidance relating to addressing the needs of covered veterans. (F) Helping covered veterans receive benefits and services under the laws administered by the Secretary to which covered veterans are entitled. (G) Improving the methods by which covered veterans may submit feedback to the Department with respect to policies and regulations of the Secretary, including through stakeholder forums, social media, and virtual town halls. (H) Developing outreach and engagement to covered veterans. (I) Commemorating the contributions of covered veterans to their respective communities. (J) To explore options on how the Secretary may incorporate lessons learned utilizing journey mapping, human center design, social determinants of wellness metrics, or other means to illustrate the life experience cycle of minority and historically underserved veterans to create a more holistic understanding of important life cycle events and their impact. ; (4) by striking subsection (e); (5) by redesignating subsection (d) as subsection (e); (6) by inserting after subsection (c) the following new subsection: (d) (1) The Secretary shall, on a biennial basis, carry out a review to identify any disparities among groups of veterans in the receipt of benefits under the laws administered by the Secretary. In carrying out any such review, the Secretary shall consider relevant recommendations from the Committee and data analysis conducted by the Department. (2) Not later than 120 days after the date on which Secretary completes any such review, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report that includes, if applicable, recommendations with respect to extending services of Center for Minority and Historically Underserved Veterans under section 517 of this title to groups of veterans the Secretary determines to be historically underserved pursuant to such review. ; and (7) in subsection (e) (as so redesignated)— (A) by striking section, and all that follows through who is— and inserting section: ; (B) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively (and adjusting the margins accordingly); (C) by inserting before subparagraph (A) (as so redesignated) the following new paragraphs: (1) The term covered veterans means veterans who are minority group members and veterans who are historically underserved. (2) The term minority group member means an individual who is— ; (D) in paragraph (2) (as added by subparagraph (C))— (i) in subparagraph (D) (as so redesignated), by striking or ; (ii) in subparagraph (E) (as so redesignated), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end of the following new subparagraphs: (F) Middle Eastern or North African American; or (G) identified with more than one race or ethnicity described in subparagraphs (A) through (F). ; and (E) by adding after paragraph (2) (as added by subparagraph (D)) the following new paragraph: (3) The term veterans who are historically underserved means veterans the Committee determines have experienced difficulty in receiving benefits under the laws administered by the Secretary to which such veterans are entitled on the basis of one or more of the following: (A) Sexual orientation. (B) Gender identity. (C) English language proficiency. (D) United States citizenship. (E) Religion. (F) Membership in a group of veterans the Secretary determines appropriate pursuant to the biennial review required under subsection (d)..", "id": "H36E0FE31DB9745BDBFD8D23F8D55F304", "header": "Expansion of Center for Minority Veterans and Advisory Committee on Minority Veterans of the Department of Veterans Affairs", "nested": [ { "text": "(a) Center for Minority and Historically Underserved Veterans \nSection 317 of title 38, United States Code, is amended— (1) in the heading, by inserting and Historically Underserved after Minority ; (2) by inserting Executive before Director each place it appears; (3) in subsection (a)— (A) by inserting and Historically Underserved after Minority ; and (B) by striking the Center a and inserting the Center an ; (4) in subsection (d), by striking veterans who are minorities each place it appears and inserting covered veterans ; (5) in subsection (g)— (A) in paragraph (1)— (i) by striking veterans who are minorities means and inserting covered veterans ; and (ii) by inserting and veterans who are historically underserved after minority group members ; and (B) in paragraph (2)— (i) by striking The term and inserting The terms ; (ii) by inserting and veterans who are historically underserved after minority group member ; (iii) by striking has the meaning given such term and inserting have the meanings given such terms ; and (iv) by striking section 544(d) and inserting section 544.", "id": "H73228B350C624BE28751DFE2D5FDFFC2", "header": "Center for Minority and Historically Underserved Veterans", "nested": [], "links": [] }, { "text": "(b) Advisory Committee on Minority and Historically Underserved Veterans \nSection 544 of title 38, United States Code, is amended— (1) in the heading, by inserting and Historically Underserved after Minority ; (2) by striking veterans who are minority group members each place it appears and inserting covered veterans ; (3) in subsection (a)— (A) in paragraph (1), by inserting and Historically Underserved after Minority ; (B) in paragraph (2)— (i) in subparagraph (A)(v)— (I) by striking women ; and (II) by inserting who are women before and are ; and (ii) in subparagraph (B), by adding at the end the following new clauses: (vii) The Secretary of Housing and Urban Development (or a representative of the Secretary of Housing and Urban Development designated by the Secretary of Housing and Urban Development). (viii) The Secretary of Education (or a representative of the Secretary of Education designated by the Secretary of Education). (ix) The Attorney General (or a representative of the Attorney General designated by the Attorney General). (x) The Administrator of the Small Business Administration (or a representative of the Administrator of the Small Business Administration designated by the Administrator of the Small Business Administration). (xi) The Director of the Office of National Drug Control Policy (or a representative of the Director of the Office of National Drug Control Policy designated by the Director of the Office of National Drug Control Policy). ; and (C) by adding at the end the following new paragraph: (5) The duties of the Committee are to advise the Secretary on the following: (A) Modifying programs of the Department relating to policy, regulations, and legislative affairs to improve the representation of covered veterans within the Department. (B) Expanding benefits and services under the laws administered by the Secretary for covered veterans, including such benefits and services relating to health care, suicide prevention, and homelessness. (C) Incorporating research and practices from outreach programs to improve the provision of health care and burial benefits under the laws administered by the Secretary to covered veterans. (D) Addressing issues raised by State and local organizations that serve covered veterans. (E) Issuing, to private, non-profit, and faith-based organizations that serve covered veterans, guidance relating to addressing the needs of covered veterans. (F) Helping covered veterans receive benefits and services under the laws administered by the Secretary to which covered veterans are entitled. (G) Improving the methods by which covered veterans may submit feedback to the Department with respect to policies and regulations of the Secretary, including through stakeholder forums, social media, and virtual town halls. (H) Developing outreach and engagement to covered veterans. (I) Commemorating the contributions of covered veterans to their respective communities. (J) To explore options on how the Secretary may incorporate lessons learned utilizing journey mapping, human center design, social determinants of wellness metrics, or other means to illustrate the life experience cycle of minority and historically underserved veterans to create a more holistic understanding of important life cycle events and their impact. ; (4) by striking subsection (e); (5) by redesignating subsection (d) as subsection (e); (6) by inserting after subsection (c) the following new subsection: (d) (1) The Secretary shall, on a biennial basis, carry out a review to identify any disparities among groups of veterans in the receipt of benefits under the laws administered by the Secretary. In carrying out any such review, the Secretary shall consider relevant recommendations from the Committee and data analysis conducted by the Department. (2) Not later than 120 days after the date on which Secretary completes any such review, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report that includes, if applicable, recommendations with respect to extending services of Center for Minority and Historically Underserved Veterans under section 517 of this title to groups of veterans the Secretary determines to be historically underserved pursuant to such review. ; and (7) in subsection (e) (as so redesignated)— (A) by striking section, and all that follows through who is— and inserting section: ; (B) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively (and adjusting the margins accordingly); (C) by inserting before subparagraph (A) (as so redesignated) the following new paragraphs: (1) The term covered veterans means veterans who are minority group members and veterans who are historically underserved. (2) The term minority group member means an individual who is— ; (D) in paragraph (2) (as added by subparagraph (C))— (i) in subparagraph (D) (as so redesignated), by striking or ; (ii) in subparagraph (E) (as so redesignated), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end of the following new subparagraphs: (F) Middle Eastern or North African American; or (G) identified with more than one race or ethnicity described in subparagraphs (A) through (F). ; and (E) by adding after paragraph (2) (as added by subparagraph (D)) the following new paragraph: (3) The term veterans who are historically underserved means veterans the Committee determines have experienced difficulty in receiving benefits under the laws administered by the Secretary to which such veterans are entitled on the basis of one or more of the following: (A) Sexual orientation. (B) Gender identity. (C) English language proficiency. (D) United States citizenship. (E) Religion. (F) Membership in a group of veterans the Secretary determines appropriate pursuant to the biennial review required under subsection (d)..", "id": "H8ED2A47E82FE4D5390F7050EFA3A6207", "header": "Advisory Committee on Minority and Historically Underserved Veterans", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Historically Underserved Veterans Inclusion Act of 2023. 2. Expansion of Center for Minority Veterans and Advisory Committee on Minority Veterans of the Department of Veterans Affairs (a) Center for Minority and Historically Underserved Veterans Section 317 of title 38, United States Code, is amended— (1) in the heading, by inserting and Historically Underserved after Minority ; (2) by inserting Executive before Director each place it appears; (3) in subsection (a)— (A) by inserting and Historically Underserved after Minority ; and (B) by striking the Center a and inserting the Center an ; (4) in subsection (d), by striking veterans who are minorities each place it appears and inserting covered veterans ; (5) in subsection (g)— (A) in paragraph (1)— (i) by striking veterans who are minorities means and inserting covered veterans ; and (ii) by inserting and veterans who are historically underserved after minority group members ; and (B) in paragraph (2)— (i) by striking The term and inserting The terms ; (ii) by inserting and veterans who are historically underserved after minority group member ; (iii) by striking has the meaning given such term and inserting have the meanings given such terms ; and (iv) by striking section 544(d) and inserting section 544. (b) Advisory Committee on Minority and Historically Underserved Veterans Section 544 of title 38, United States Code, is amended— (1) in the heading, by inserting and Historically Underserved after Minority ; (2) by striking veterans who are minority group members each place it appears and inserting covered veterans ; (3) in subsection (a)— (A) in paragraph (1), by inserting and Historically Underserved after Minority ; (B) in paragraph (2)— (i) in subparagraph (A)(v)— (I) by striking women ; and (II) by inserting who are women before and are ; and (ii) in subparagraph (B), by adding at the end the following new clauses: (vii) The Secretary of Housing and Urban Development (or a representative of the Secretary of Housing and Urban Development designated by the Secretary of Housing and Urban Development). (viii) The Secretary of Education (or a representative of the Secretary of Education designated by the Secretary of Education). (ix) The Attorney General (or a representative of the Attorney General designated by the Attorney General). (x) The Administrator of the Small Business Administration (or a representative of the Administrator of the Small Business Administration designated by the Administrator of the Small Business Administration). (xi) The Director of the Office of National Drug Control Policy (or a representative of the Director of the Office of National Drug Control Policy designated by the Director of the Office of National Drug Control Policy). ; and (C) by adding at the end the following new paragraph: (5) The duties of the Committee are to advise the Secretary on the following: (A) Modifying programs of the Department relating to policy, regulations, and legislative affairs to improve the representation of covered veterans within the Department. (B) Expanding benefits and services under the laws administered by the Secretary for covered veterans, including such benefits and services relating to health care, suicide prevention, and homelessness. (C) Incorporating research and practices from outreach programs to improve the provision of health care and burial benefits under the laws administered by the Secretary to covered veterans. (D) Addressing issues raised by State and local organizations that serve covered veterans. (E) Issuing, to private, non-profit, and faith-based organizations that serve covered veterans, guidance relating to addressing the needs of covered veterans. (F) Helping covered veterans receive benefits and services under the laws administered by the Secretary to which covered veterans are entitled. (G) Improving the methods by which covered veterans may submit feedback to the Department with respect to policies and regulations of the Secretary, including through stakeholder forums, social media, and virtual town halls. (H) Developing outreach and engagement to covered veterans. (I) Commemorating the contributions of covered veterans to their respective communities. (J) To explore options on how the Secretary may incorporate lessons learned utilizing journey mapping, human center design, social determinants of wellness metrics, or other means to illustrate the life experience cycle of minority and historically underserved veterans to create a more holistic understanding of important life cycle events and their impact. ; (4) by striking subsection (e); (5) by redesignating subsection (d) as subsection (e); (6) by inserting after subsection (c) the following new subsection: (d) (1) The Secretary shall, on a biennial basis, carry out a review to identify any disparities among groups of veterans in the receipt of benefits under the laws administered by the Secretary. In carrying out any such review, the Secretary shall consider relevant recommendations from the Committee and data analysis conducted by the Department. (2) Not later than 120 days after the date on which Secretary completes any such review, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report that includes, if applicable, recommendations with respect to extending services of Center for Minority and Historically Underserved Veterans under section 517 of this title to groups of veterans the Secretary determines to be historically underserved pursuant to such review. ; and (7) in subsection (e) (as so redesignated)— (A) by striking section, and all that follows through who is— and inserting section: ; (B) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively (and adjusting the margins accordingly); (C) by inserting before subparagraph (A) (as so redesignated) the following new paragraphs: (1) The term covered veterans means veterans who are minority group members and veterans who are historically underserved. (2) The term minority group member means an individual who is— ; (D) in paragraph (2) (as added by subparagraph (C))— (i) in subparagraph (D) (as so redesignated), by striking or ; (ii) in subparagraph (E) (as so redesignated), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end of the following new subparagraphs: (F) Middle Eastern or North African American; or (G) identified with more than one race or ethnicity described in subparagraphs (A) through (F). ; and (E) by adding after paragraph (2) (as added by subparagraph (D)) the following new paragraph: (3) The term veterans who are historically underserved means veterans the Committee determines have experienced difficulty in receiving benefits under the laws administered by the Secretary to which such veterans are entitled on the basis of one or more of the following: (A) Sexual orientation. (B) Gender identity. (C) English language proficiency. (D) United States citizenship. (E) Religion. (F) Membership in a group of veterans the Secretary determines appropriate pursuant to the biennial review required under subsection (d)..
7,253
[ "Veterans' Affairs Committee" ]
118hr7706ih
118
hr
7,706
ih
To provide that funds made available under the Infrastructure Investment and Jobs Act for lead service line replacement projects be provided to disadvantaged communities in the form of forgivable loans or grants, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Safe Drinking Water for Disadvantaged Communities Act.", "id": "H1B5A5FFE1A2F41B8BF05243156B9A2DA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Disbursement of funds \nNotwithstanding any other provision of law, all funds made available under the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ) for lead service line replacement projects and associated activities directly connected to the identification, planning, design, and replacement of lead service lines shall be disbursed in the form of forgivable loans or grants to disadvantaged communities (as defined in section 1452(d)(3) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(d)(3) )).", "id": "H64F3EB80953F4B9A900159458316E8EE", "header": "Disbursement of funds", "nested": [], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" }, { "text": "42 U.S.C. 300j–12", "legal-doc": "usc", "parsable-cite": "usc/42/300j-12" }, { "text": "42 U.S.C. 300j–12(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/300j-12" } ] } ]
2
1. Short title This Act may be cited as the Safe Drinking Water for Disadvantaged Communities Act. 2. Disbursement of funds Notwithstanding any other provision of law, all funds made available under the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ) for lead service line replacement projects and associated activities directly connected to the identification, planning, design, and replacement of lead service lines shall be disbursed in the form of forgivable loans or grants to disadvantaged communities (as defined in section 1452(d)(3) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(d)(3) )).
760
[ "Energy and Commerce Committee" ]
118hr4950ih
118
hr
4,950
ih
To amend title XIX of the Social Security Act to encourage appropriate prescribing under Medicaid for victims of opioid overdose.
[ { "text": "1. Short title \nThis Act may be cited as the Improving Medicaid Programs' Response to Overdose Victims and Enhancing Addiction Care Act or the IMPROVE Addiction Care Act.", "id": "HF5FF62A831434F0992E54AEA8D688654", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Encouraging appropriate prescribing under medicaid for victims of opioid overdose \n(a) In general \nSection 1927(g)(2) of the Social Security Act ( 42 U.S.C. 1396r–8(g)(2) ) is amended by adding at the end the following new subparagraph: (E) Additional drug use review requirements \nAs part of a State’s prospective and retrospective drug use review under subparagraphs (A) and (B), as applicable, the State shall, not later than 24 months after the date of enactment of this subparagraph, develop and implement, or review and update, protocols to, subject to any applicable State or Federal privacy or confidentiality protections that could preclude such protocols— (i) identify individuals receiving benefits under this title who have experienced a nonfatal opioid-related overdose within a look-back period (to be determined by the Secretary except that such period shall not be less than 1 year and shall not exceed 5 years), to the extent that such data is available, and make a good faith effort to connect these individuals to treatment options and recovery support services that have been determined appropriate by the Secretary; (ii) if an individual receiving benefits under this title experiences a fatal overdose that is opioid-related (without regard to whether such overdose was related to a covered outpatient drug), or, if specified by the Secretary, related to any other drug (including a drug that is not a covered outpatient drug), not later than 6 months after the date of such overdose— (I) provide notice of such overdose to each provider that, during the period (to be established by the Secretary) preceding such overdose, prescribed opioids (or such other specified drug, if applicable) to such individual, to the extent that such data is available; and (II) provide each such provider with educational materials on prescribing opioids (or such other specified drugs, if applicable); (iii) ensure that a provider who is treating an individual receiving benefits under this title has notice of the individual's diagnosis or history of opioid use disorder, opioid poisoning diagnosis, history of nonfatal opioid-related overdose, or a diagnosis or history of a substance use disorder or overdose for such other specified drug, if applicable, to the extent such data is available; and (iv) perform ongoing retrospective drug utilization reviews and offer provider education that is informed by such reviews (which may include education provided under an educational outreach program established under subparagraph (D) or through an intervention described in paragraph (3)(C)(iii)) regarding appropriate prescribing practices for individuals receiving benefits under this title with a diagnosis or history of opioid use disorder, a history of nonfatal opioid-related overdose, an opioid poisoning diagnosis, or a diagnosis or history of a substance use disorder or overdose for such other specified drug, if applicable. Nothing in this subparagraph shall be construed as requiring a State to develop and implement additional protocols if the State establishes to the satisfaction of the Secretary that the State has in place existing protocols meeting or exceeding the standards set forth in this subparagraph.. (b) Technical amendments \nSection 1932(i) of the Social Security Act ( 42 U.S.C. 1396u–2(i) ) is amended— (1) by striking section 483.3(s)(4) and inserting section 438.3(s)(4) ; and (2) by striking 483.3(s)(5) and inserting 438.3(s)(5).", "id": "HD2CC7722E38C4000A11A296EE0F63F76", "header": "Encouraging appropriate prescribing under medicaid for victims of opioid overdose", "nested": [ { "text": "(a) In general \nSection 1927(g)(2) of the Social Security Act ( 42 U.S.C. 1396r–8(g)(2) ) is amended by adding at the end the following new subparagraph: (E) Additional drug use review requirements \nAs part of a State’s prospective and retrospective drug use review under subparagraphs (A) and (B), as applicable, the State shall, not later than 24 months after the date of enactment of this subparagraph, develop and implement, or review and update, protocols to, subject to any applicable State or Federal privacy or confidentiality protections that could preclude such protocols— (i) identify individuals receiving benefits under this title who have experienced a nonfatal opioid-related overdose within a look-back period (to be determined by the Secretary except that such period shall not be less than 1 year and shall not exceed 5 years), to the extent that such data is available, and make a good faith effort to connect these individuals to treatment options and recovery support services that have been determined appropriate by the Secretary; (ii) if an individual receiving benefits under this title experiences a fatal overdose that is opioid-related (without regard to whether such overdose was related to a covered outpatient drug), or, if specified by the Secretary, related to any other drug (including a drug that is not a covered outpatient drug), not later than 6 months after the date of such overdose— (I) provide notice of such overdose to each provider that, during the period (to be established by the Secretary) preceding such overdose, prescribed opioids (or such other specified drug, if applicable) to such individual, to the extent that such data is available; and (II) provide each such provider with educational materials on prescribing opioids (or such other specified drugs, if applicable); (iii) ensure that a provider who is treating an individual receiving benefits under this title has notice of the individual's diagnosis or history of opioid use disorder, opioid poisoning diagnosis, history of nonfatal opioid-related overdose, or a diagnosis or history of a substance use disorder or overdose for such other specified drug, if applicable, to the extent such data is available; and (iv) perform ongoing retrospective drug utilization reviews and offer provider education that is informed by such reviews (which may include education provided under an educational outreach program established under subparagraph (D) or through an intervention described in paragraph (3)(C)(iii)) regarding appropriate prescribing practices for individuals receiving benefits under this title with a diagnosis or history of opioid use disorder, a history of nonfatal opioid-related overdose, an opioid poisoning diagnosis, or a diagnosis or history of a substance use disorder or overdose for such other specified drug, if applicable. Nothing in this subparagraph shall be construed as requiring a State to develop and implement additional protocols if the State establishes to the satisfaction of the Secretary that the State has in place existing protocols meeting or exceeding the standards set forth in this subparagraph..", "id": "HBE508C8E27BB44168BFC5D9088390870", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1396r–8(g)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] }, { "text": "(b) Technical amendments \nSection 1932(i) of the Social Security Act ( 42 U.S.C. 1396u–2(i) ) is amended— (1) by striking section 483.3(s)(4) and inserting section 438.3(s)(4) ; and (2) by striking 483.3(s)(5) and inserting 438.3(s)(5).", "id": "H0198F9D2C742469E920F058D9A6D8771", "header": "Technical amendments", "nested": [], "links": [ { "text": "42 U.S.C. 1396u–2(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-2" } ] } ], "links": [ { "text": "42 U.S.C. 1396r–8(g)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" }, { "text": "42 U.S.C. 1396u–2(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-2" } ] } ]
2
1. Short title This Act may be cited as the Improving Medicaid Programs' Response to Overdose Victims and Enhancing Addiction Care Act or the IMPROVE Addiction Care Act. 2. Encouraging appropriate prescribing under medicaid for victims of opioid overdose (a) In general Section 1927(g)(2) of the Social Security Act ( 42 U.S.C. 1396r–8(g)(2) ) is amended by adding at the end the following new subparagraph: (E) Additional drug use review requirements As part of a State’s prospective and retrospective drug use review under subparagraphs (A) and (B), as applicable, the State shall, not later than 24 months after the date of enactment of this subparagraph, develop and implement, or review and update, protocols to, subject to any applicable State or Federal privacy or confidentiality protections that could preclude such protocols— (i) identify individuals receiving benefits under this title who have experienced a nonfatal opioid-related overdose within a look-back period (to be determined by the Secretary except that such period shall not be less than 1 year and shall not exceed 5 years), to the extent that such data is available, and make a good faith effort to connect these individuals to treatment options and recovery support services that have been determined appropriate by the Secretary; (ii) if an individual receiving benefits under this title experiences a fatal overdose that is opioid-related (without regard to whether such overdose was related to a covered outpatient drug), or, if specified by the Secretary, related to any other drug (including a drug that is not a covered outpatient drug), not later than 6 months after the date of such overdose— (I) provide notice of such overdose to each provider that, during the period (to be established by the Secretary) preceding such overdose, prescribed opioids (or such other specified drug, if applicable) to such individual, to the extent that such data is available; and (II) provide each such provider with educational materials on prescribing opioids (or such other specified drugs, if applicable); (iii) ensure that a provider who is treating an individual receiving benefits under this title has notice of the individual's diagnosis or history of opioid use disorder, opioid poisoning diagnosis, history of nonfatal opioid-related overdose, or a diagnosis or history of a substance use disorder or overdose for such other specified drug, if applicable, to the extent such data is available; and (iv) perform ongoing retrospective drug utilization reviews and offer provider education that is informed by such reviews (which may include education provided under an educational outreach program established under subparagraph (D) or through an intervention described in paragraph (3)(C)(iii)) regarding appropriate prescribing practices for individuals receiving benefits under this title with a diagnosis or history of opioid use disorder, a history of nonfatal opioid-related overdose, an opioid poisoning diagnosis, or a diagnosis or history of a substance use disorder or overdose for such other specified drug, if applicable. Nothing in this subparagraph shall be construed as requiring a State to develop and implement additional protocols if the State establishes to the satisfaction of the Secretary that the State has in place existing protocols meeting or exceeding the standards set forth in this subparagraph.. (b) Technical amendments Section 1932(i) of the Social Security Act ( 42 U.S.C. 1396u–2(i) ) is amended— (1) by striking section 483.3(s)(4) and inserting section 438.3(s)(4) ; and (2) by striking 483.3(s)(5) and inserting 438.3(s)(5).
3,642
[ "Energy and Commerce Committee" ]
118hr4970ih
118
hr
4,970
ih
To provide an exclusion from gross income for compensation for expenses and losses resulting from certain wildfires.
[ { "text": "1. Short title \nThis Act may be cited as the Protect Innocent Victims Of Taxation After Fire Act.", "id": "HECF2D7CC5C244D19A6F2FB026E77600D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Exclusion from gross income for compensation for losses or damages resulting from certain wildfires \n(a) In general \nFor purposes of the Internal Revenue Code of 1986, gross income shall not include any amount received by an individual as a qualified wildfire relief payment. (b) Qualified wildfire relief payment \nFor purposes of this section— (1) In general \nThe term qualified wildfire relief payment means any amount paid to or for the benefit of an individual as compensation for expenses or losses incurred as a result of a qualified wildfire disaster, but only to the extent any expense or loss compensated by such payment is not otherwise compensated by insurance or otherwise. (2) Qualified wildfire disaster \nThe term qualified wildfire disaster means any federally declared disaster (as defined in section 165(i)(5)(A) of the Internal Revenue Code of 1986) declared, after December 31, 2014, as a result any forest or range fire. (c) Denial of double benefit \nNotwithstanding any other provision of the Internal Revenue Code of 1986, no deduction or credit shall be allowed (to the person for whose benefit a qualified wildfire relief payment is made) for, or by reason of, any expenditure to the extent of the amount excluded under this section with respect to such expenditure. (d) Limitation on application \nThis section shall only apply to qualified wildfire relief payments received by the individual during taxable years beginning after December 31, 2019, and before January 1, 2026.", "id": "H92757F0A16ED4E999C7BB86E490E4DAB", "header": "Exclusion from gross income for compensation for losses or damages resulting from certain wildfires", "nested": [ { "text": "(a) In general \nFor purposes of the Internal Revenue Code of 1986, gross income shall not include any amount received by an individual as a qualified wildfire relief payment.", "id": "HB0780C16895B4B66A2595C191DB4937E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Qualified wildfire relief payment \nFor purposes of this section— (1) In general \nThe term qualified wildfire relief payment means any amount paid to or for the benefit of an individual as compensation for expenses or losses incurred as a result of a qualified wildfire disaster, but only to the extent any expense or loss compensated by such payment is not otherwise compensated by insurance or otherwise. (2) Qualified wildfire disaster \nThe term qualified wildfire disaster means any federally declared disaster (as defined in section 165(i)(5)(A) of the Internal Revenue Code of 1986) declared, after December 31, 2014, as a result any forest or range fire.", "id": "H57E4E369A9664E8D95BFB5D554E2B75A", "header": "Qualified wildfire relief payment", "nested": [], "links": [ { "text": "section 165(i)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/165" } ] }, { "text": "(c) Denial of double benefit \nNotwithstanding any other provision of the Internal Revenue Code of 1986, no deduction or credit shall be allowed (to the person for whose benefit a qualified wildfire relief payment is made) for, or by reason of, any expenditure to the extent of the amount excluded under this section with respect to such expenditure.", "id": "H5BF875FBF98C466293245D6464981344", "header": "Denial of double benefit", "nested": [], "links": [] }, { "text": "(d) Limitation on application \nThis section shall only apply to qualified wildfire relief payments received by the individual during taxable years beginning after December 31, 2019, and before January 1, 2026.", "id": "HF031027BBC0E438A9F2133AA5E1843A4", "header": "Limitation on application", "nested": [], "links": [] } ], "links": [ { "text": "section 165(i)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/165" } ] } ]
2
1. Short title This Act may be cited as the Protect Innocent Victims Of Taxation After Fire Act. 2. Exclusion from gross income for compensation for losses or damages resulting from certain wildfires (a) In general For purposes of the Internal Revenue Code of 1986, gross income shall not include any amount received by an individual as a qualified wildfire relief payment. (b) Qualified wildfire relief payment For purposes of this section— (1) In general The term qualified wildfire relief payment means any amount paid to or for the benefit of an individual as compensation for expenses or losses incurred as a result of a qualified wildfire disaster, but only to the extent any expense or loss compensated by such payment is not otherwise compensated by insurance or otherwise. (2) Qualified wildfire disaster The term qualified wildfire disaster means any federally declared disaster (as defined in section 165(i)(5)(A) of the Internal Revenue Code of 1986) declared, after December 31, 2014, as a result any forest or range fire. (c) Denial of double benefit Notwithstanding any other provision of the Internal Revenue Code of 1986, no deduction or credit shall be allowed (to the person for whose benefit a qualified wildfire relief payment is made) for, or by reason of, any expenditure to the extent of the amount excluded under this section with respect to such expenditure. (d) Limitation on application This section shall only apply to qualified wildfire relief payments received by the individual during taxable years beginning after December 31, 2019, and before January 1, 2026.
1,601
[ "Ways and Means Committee" ]
118hr3743ih
118
hr
3,743
ih
To amend the FAA Reauthorization Act of 2018 to extend the advisory committee on the air travel needs of passengers with disabilities.
[ { "text": "1. Advisory committee on the air travel needs of passengers with disabilities \nSection 439(g) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 41705 note) is amended to read as follows: (g) Termination \nThe Advisory Committee established under this section shall terminate on the date that is 5 years after the date of enactment of this subsection..", "id": "HAB735321399E4CD9A3FE79633D77F5D3", "header": "Advisory committee on the air travel needs of passengers with disabilities", "nested": [], "links": [ { "text": "49 U.S.C. 41705", "legal-doc": "usc", "parsable-cite": "usc/49/41705" } ] } ]
1
1. Advisory committee on the air travel needs of passengers with disabilities Section 439(g) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 41705 note) is amended to read as follows: (g) Termination The Advisory Committee established under this section shall terminate on the date that is 5 years after the date of enactment of this subsection..
351
[ "Transportation and Infrastructure Committee" ]
118hr4450ih
118
hr
4,450
ih
To require the Secretary of the Treasury to conduct a study and submit a report on certain risks to United States investors in the event of hostilities in Taiwan or the Taiwan Strait.
[ { "text": "1. Short title \nThis Act may be cited as the Mitigating Investor Risk Act of 2023.", "id": "HBE78219C9E9145EBBB7979B2B74540DE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Study and report on investor risk exposure in the event of hostilities in Taiwan or the Taiwan strait \n(a) Study \nThe Secretary of the Treasury shall conduct a study to assess the risk posed by the exposure of United States investors to investments in People’s Republic of China companies in the event of hostilities in Taiwan or the Taiwan Strait. (b) Report \nNot later than one year after the date of 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 a report on the findings of the study conducted under subsection (a) and any recommendations for mitigating the risk posed by the exposure of United States investors to investments in People’s Republic of China companies.", "id": "HCE58EF1817F942D49C1F66E6FFA178F8", "header": "Study and report on investor risk exposure in the event of hostilities in Taiwan or the Taiwan strait", "nested": [ { "text": "(a) Study \nThe Secretary of the Treasury shall conduct a study to assess the risk posed by the exposure of United States investors to investments in People’s Republic of China companies in the event of hostilities in Taiwan or the Taiwan Strait.", "id": "HD1669D46A6ED475DA8165B9EB4EE363D", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than one year after the date of 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 a report on the findings of the study conducted under subsection (a) and any recommendations for mitigating the risk posed by the exposure of United States investors to investments in People’s Republic of China companies.", "id": "H3F97C29DE93944A3A4C37FA2C900C941", "header": "Report", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Mitigating Investor Risk Act of 2023. 2. Study and report on investor risk exposure in the event of hostilities in Taiwan or the Taiwan strait (a) Study The Secretary of the Treasury shall conduct a study to assess the risk posed by the exposure of United States investors to investments in People’s Republic of China companies in the event of hostilities in Taiwan or the Taiwan Strait. (b) Report Not later than one year after the date of 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 a report on the findings of the study conducted under subsection (a) and any recommendations for mitigating the risk posed by the exposure of United States investors to investments in People’s Republic of China companies.
902
[ "Financial Services Committee" ]
118hr2309ih
118
hr
2,309
ih
To provide for a limitation on availability of funds for Department of State, Administration of Foreign Affairs, International Center, Washington, District of Columbia for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Department of State, Administration of Foreign Affairs, International Center, Washington, District of Columbia for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of State, Administration of Foreign Affairs, International Center, Washington, District of Columbia for fiscal year 2024 may not exceed $1,806,600.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for Department of State, Administration of Foreign Affairs, International Center, Washington, District of Columbia for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Department of State, Administration of Foreign Affairs, International Center, Washington, District of Columbia for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of State, Administration of Foreign Affairs, International Center, Washington, District of Columbia for fiscal year 2024 may not exceed $1,806,600.
447
[ "Foreign Affairs Committee" ]
118hr5530ih
118
hr
5,530
ih
To provide for certain limitations to the authority of the Secretary of Veterans Affairs to make changes to the Department of Veterans Affairs rate of payment or reimbursement provided for transportation of veterans and other eligible individuals on special modes of transportation, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the VA Emergency Transportation Access Act.", "id": "H6C7D6D3DF11B4030AD37E72B96868117", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Authority for changes to Department of Veterans Affairs rate of payment or reimbursement provided for transportation of veterans and other eligible individuals on special modes of transportation \n(a) In general \nThe Secretary of Veterans Affairs may not change the rate of payment or reimbursement provided for the transportation of a veteran or other eligible individual on a special mode of transportation, as in effect on January 1, 2023, unless— (1) such change would increase the rate of such payment or reimbursement; or (2) before the effective date of such change, the Secretary— (A) conducts a thorough review and analysis of— (i) the economic effect of the change on the Department of Veterans Affairs; (ii) the economic effect of the change on the industry associated with the special mode of transportation that would be affected by the change; and (iii) the effect of the change on access to care for veterans; (B) develops a formal process to ensure that any change made to such rate does not reduce the access to care for veterans; and (C) ensures that the new rate reflects, at a minimum, the actual cost of such transportation. (b) Consultation requirement \nThe Secretary shall carry out any review under subsection (a)(2)(A) and develop any process under subsection (a)(2)(B) in consultation with a committee made up of each of the following, who shall be appointed by the Secretary: (1) Relevant industry experts. (2) Representatives of the Centers for Medicare and Medicaid Services. (3) Department employees with subject matter expertise in transportation, access to care, integrated veteran care, rural veterans, Native American veterans, and other matters determine appropriate by the Secretary. (4) Representatives of veteran service organizations. (c) Template and process for affected contracts \nNot later than two years before the effective date of any change made to the rate of payment or reimbursement for special modes of transportation pursuant to subsection (a) that affects the rate payable under any contract of the Department, the Secretary shall— (1) establish a template and a standardized process for entering into and making changes to rates in effect under such contract; (2) issue guidance about the use of such template and process within the Department and across the industry associated with special modes of transportation; and (3) submit to Congress a report that includes a description of the template and process. (d) Special mode of transportation \nIn this section, the term special mode of transportation — (1) means an ambulance, ambulette, air ambulance, wheelchair van, or other mode of transportation specially designed to transport disabled persons; and (2) does not include— (A) a mode of transportation not specifically designed to transport disabled persons, such as a bus, subway, taxi, train, or airplane; or (B) a modified, privately owned vehicle, with special adaptive equipment or that is capable of transporting disabled persons.", "id": "H5BA5168518014567818D6868A7BD7E6C", "header": "Authority for changes to Department of Veterans Affairs rate of payment or reimbursement provided for transportation of veterans and other eligible individuals on special modes of transportation", "nested": [ { "text": "(a) In general \nThe Secretary of Veterans Affairs may not change the rate of payment or reimbursement provided for the transportation of a veteran or other eligible individual on a special mode of transportation, as in effect on January 1, 2023, unless— (1) such change would increase the rate of such payment or reimbursement; or (2) before the effective date of such change, the Secretary— (A) conducts a thorough review and analysis of— (i) the economic effect of the change on the Department of Veterans Affairs; (ii) the economic effect of the change on the industry associated with the special mode of transportation that would be affected by the change; and (iii) the effect of the change on access to care for veterans; (B) develops a formal process to ensure that any change made to such rate does not reduce the access to care for veterans; and (C) ensures that the new rate reflects, at a minimum, the actual cost of such transportation.", "id": "H66F4AB6DFB834E088FFDF18B93C55F5C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Consultation requirement \nThe Secretary shall carry out any review under subsection (a)(2)(A) and develop any process under subsection (a)(2)(B) in consultation with a committee made up of each of the following, who shall be appointed by the Secretary: (1) Relevant industry experts. (2) Representatives of the Centers for Medicare and Medicaid Services. (3) Department employees with subject matter expertise in transportation, access to care, integrated veteran care, rural veterans, Native American veterans, and other matters determine appropriate by the Secretary. (4) Representatives of veteran service organizations.", "id": "H3256FF008CD6478DAE4CA44F445DCD75", "header": "Consultation requirement", "nested": [], "links": [] }, { "text": "(c) Template and process for affected contracts \nNot later than two years before the effective date of any change made to the rate of payment or reimbursement for special modes of transportation pursuant to subsection (a) that affects the rate payable under any contract of the Department, the Secretary shall— (1) establish a template and a standardized process for entering into and making changes to rates in effect under such contract; (2) issue guidance about the use of such template and process within the Department and across the industry associated with special modes of transportation; and (3) submit to Congress a report that includes a description of the template and process.", "id": "HD4FC7A23FFD94C18B857F8BB94B9E432", "header": "Template and process for affected contracts", "nested": [], "links": [] }, { "text": "(d) Special mode of transportation \nIn this section, the term special mode of transportation — (1) means an ambulance, ambulette, air ambulance, wheelchair van, or other mode of transportation specially designed to transport disabled persons; and (2) does not include— (A) a mode of transportation not specifically designed to transport disabled persons, such as a bus, subway, taxi, train, or airplane; or (B) a modified, privately owned vehicle, with special adaptive equipment or that is capable of transporting disabled persons.", "id": "HAD3C0FDA314A4801A9365C990F31CDFE", "header": "Special mode of transportation", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the VA Emergency Transportation Access Act. 2. Authority for changes to Department of Veterans Affairs rate of payment or reimbursement provided for transportation of veterans and other eligible individuals on special modes of transportation (a) In general The Secretary of Veterans Affairs may not change the rate of payment or reimbursement provided for the transportation of a veteran or other eligible individual on a special mode of transportation, as in effect on January 1, 2023, unless— (1) such change would increase the rate of such payment or reimbursement; or (2) before the effective date of such change, the Secretary— (A) conducts a thorough review and analysis of— (i) the economic effect of the change on the Department of Veterans Affairs; (ii) the economic effect of the change on the industry associated with the special mode of transportation that would be affected by the change; and (iii) the effect of the change on access to care for veterans; (B) develops a formal process to ensure that any change made to such rate does not reduce the access to care for veterans; and (C) ensures that the new rate reflects, at a minimum, the actual cost of such transportation. (b) Consultation requirement The Secretary shall carry out any review under subsection (a)(2)(A) and develop any process under subsection (a)(2)(B) in consultation with a committee made up of each of the following, who shall be appointed by the Secretary: (1) Relevant industry experts. (2) Representatives of the Centers for Medicare and Medicaid Services. (3) Department employees with subject matter expertise in transportation, access to care, integrated veteran care, rural veterans, Native American veterans, and other matters determine appropriate by the Secretary. (4) Representatives of veteran service organizations. (c) Template and process for affected contracts Not later than two years before the effective date of any change made to the rate of payment or reimbursement for special modes of transportation pursuant to subsection (a) that affects the rate payable under any contract of the Department, the Secretary shall— (1) establish a template and a standardized process for entering into and making changes to rates in effect under such contract; (2) issue guidance about the use of such template and process within the Department and across the industry associated with special modes of transportation; and (3) submit to Congress a report that includes a description of the template and process. (d) Special mode of transportation In this section, the term special mode of transportation — (1) means an ambulance, ambulette, air ambulance, wheelchair van, or other mode of transportation specially designed to transport disabled persons; and (2) does not include— (A) a mode of transportation not specifically designed to transport disabled persons, such as a bus, subway, taxi, train, or airplane; or (B) a modified, privately owned vehicle, with special adaptive equipment or that is capable of transporting disabled persons.
3,083
[ "Veterans' Affairs Committee" ]
118hr5040ih
118
hr
5,040
ih
To amend the Intelligence Reform and Terrorism Prevention Act of 2004 to limit the consideration or marihuana use when making a security clearance or employment suitability determination, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Cannabis Users’ Restoration of Eligibility Act or the CURE Act.", "id": "HD037B0E1FDDB456D8A7D7708567D3DE5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitation on adverse security clearance and suitability determinations based on marihuana use \n(a) In general \nSubsection (a)(1) of section 3002 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3343 ) is amended by striking the period at the end and inserting the following: , but does not include marihuana notwithstanding such section 102.. (b) Review of security clearance denial based on marihuana use \nSuch section 3002 is further amended by adding at the end the following: (e) Limitation on adverse security clearance and suitability determinations based on marihuana use \n(1) Prohibition \nNotwithstanding any other law, rule, or regulation, current or past use of marihuana by a covered person may not be used in any determination with respect to whether such person is— (A) eligible for a security clearance; or (B) suitable for Federal employment, including under any suitability determination pursuant to part 731 of title 5, Code of Federal Regulations (or any successor regulations). (2) Review and reassessment \n(A) In general \nNot later than one year after the date of enactment of this Act, each Federal agency shall establish a process to review each decision, made on or after January 1, 2008, to deny an individual— (i) a security clearance; or (ii) Federal employment as a result of an adverse suitability determination. (B) Publicly available \nAny process established pursuant to subparagraph (A) shall be made available on the public website of the agency. (C) Reconsideration \nUpon receiving a request from any individual who was so denied a security clearance or employment (as the case may be), not later than 90 days after the date such request is so received— (i) the Federal agency that denied such clearance or employment shall review the decision; and (ii) if such review reveals that the denial was based on past or present marihuana use, such agency shall reconsider such individual’s security clearance or employment application. (3) Appeal \n(A) In general \nIf a Federal agency denies an individual a security clearance or employment under a reconsideration pursuant to paragraph (2)(C), such individual may, not later than 30 days after the date of such denial, appeal the Federal agency determination to the Merit Systems Protection Board. (B) MSPB determination \nNot later than 120 days after receiving an appeal under subparagraph (A)— (i) the Board shall review the Federal agency reconsideration determination; and (ii) if the Board determines that such determination was primarily based on prior or current marihuana use, the Board shall order the Federal agency to immediately redetermine the individual’s request for reconsideration, consistent with the requirements of this subsection. (C) Limitation on judicial review \nAny decision by the Board under subparagraph (B) shall be final and not subject to judicial review. (4) Marihuana defined \nIn this section, the term marihuana has the meaning given that term in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) )..", "id": "H94A377E4752349C2AFC1BEE5741E3595", "header": "Limitation on adverse security clearance and suitability determinations based on marihuana use", "nested": [ { "text": "(a) In general \nSubsection (a)(1) of section 3002 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3343 ) is amended by striking the period at the end and inserting the following: , but does not include marihuana notwithstanding such section 102..", "id": "H7C216EC957214B7C9FE4EAC601341141", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 3343", "legal-doc": "usc", "parsable-cite": "usc/50/3343" } ] }, { "text": "(b) Review of security clearance denial based on marihuana use \nSuch section 3002 is further amended by adding at the end the following: (e) Limitation on adverse security clearance and suitability determinations based on marihuana use \n(1) Prohibition \nNotwithstanding any other law, rule, or regulation, current or past use of marihuana by a covered person may not be used in any determination with respect to whether such person is— (A) eligible for a security clearance; or (B) suitable for Federal employment, including under any suitability determination pursuant to part 731 of title 5, Code of Federal Regulations (or any successor regulations). (2) Review and reassessment \n(A) In general \nNot later than one year after the date of enactment of this Act, each Federal agency shall establish a process to review each decision, made on or after January 1, 2008, to deny an individual— (i) a security clearance; or (ii) Federal employment as a result of an adverse suitability determination. (B) Publicly available \nAny process established pursuant to subparagraph (A) shall be made available on the public website of the agency. (C) Reconsideration \nUpon receiving a request from any individual who was so denied a security clearance or employment (as the case may be), not later than 90 days after the date such request is so received— (i) the Federal agency that denied such clearance or employment shall review the decision; and (ii) if such review reveals that the denial was based on past or present marihuana use, such agency shall reconsider such individual’s security clearance or employment application. (3) Appeal \n(A) In general \nIf a Federal agency denies an individual a security clearance or employment under a reconsideration pursuant to paragraph (2)(C), such individual may, not later than 30 days after the date of such denial, appeal the Federal agency determination to the Merit Systems Protection Board. (B) MSPB determination \nNot later than 120 days after receiving an appeal under subparagraph (A)— (i) the Board shall review the Federal agency reconsideration determination; and (ii) if the Board determines that such determination was primarily based on prior or current marihuana use, the Board shall order the Federal agency to immediately redetermine the individual’s request for reconsideration, consistent with the requirements of this subsection. (C) Limitation on judicial review \nAny decision by the Board under subparagraph (B) shall be final and not subject to judicial review. (4) Marihuana defined \nIn this section, the term marihuana has the meaning given that term in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) )..", "id": "H22EC746330C84A489CCD896F45300ECB", "header": "Review of security clearance denial based on marihuana use", "nested": [], "links": [ { "text": "21 U.S.C. 802(16)", "legal-doc": "usc", "parsable-cite": "usc/21/802" } ] } ], "links": [ { "text": "50 U.S.C. 3343", "legal-doc": "usc", "parsable-cite": "usc/50/3343" }, { "text": "21 U.S.C. 802(16)", "legal-doc": "usc", "parsable-cite": "usc/21/802" } ] } ]
2
1. Short title This Act may be cited as the Cannabis Users’ Restoration of Eligibility Act or the CURE Act. 2. Limitation on adverse security clearance and suitability determinations based on marihuana use (a) In general Subsection (a)(1) of section 3002 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3343 ) is amended by striking the period at the end and inserting the following: , but does not include marihuana notwithstanding such section 102.. (b) Review of security clearance denial based on marihuana use Such section 3002 is further amended by adding at the end the following: (e) Limitation on adverse security clearance and suitability determinations based on marihuana use (1) Prohibition Notwithstanding any other law, rule, or regulation, current or past use of marihuana by a covered person may not be used in any determination with respect to whether such person is— (A) eligible for a security clearance; or (B) suitable for Federal employment, including under any suitability determination pursuant to part 731 of title 5, Code of Federal Regulations (or any successor regulations). (2) Review and reassessment (A) In general Not later than one year after the date of enactment of this Act, each Federal agency shall establish a process to review each decision, made on or after January 1, 2008, to deny an individual— (i) a security clearance; or (ii) Federal employment as a result of an adverse suitability determination. (B) Publicly available Any process established pursuant to subparagraph (A) shall be made available on the public website of the agency. (C) Reconsideration Upon receiving a request from any individual who was so denied a security clearance or employment (as the case may be), not later than 90 days after the date such request is so received— (i) the Federal agency that denied such clearance or employment shall review the decision; and (ii) if such review reveals that the denial was based on past or present marihuana use, such agency shall reconsider such individual’s security clearance or employment application. (3) Appeal (A) In general If a Federal agency denies an individual a security clearance or employment under a reconsideration pursuant to paragraph (2)(C), such individual may, not later than 30 days after the date of such denial, appeal the Federal agency determination to the Merit Systems Protection Board. (B) MSPB determination Not later than 120 days after receiving an appeal under subparagraph (A)— (i) the Board shall review the Federal agency reconsideration determination; and (ii) if the Board determines that such determination was primarily based on prior or current marihuana use, the Board shall order the Federal agency to immediately redetermine the individual’s request for reconsideration, consistent with the requirements of this subsection. (C) Limitation on judicial review Any decision by the Board under subparagraph (B) shall be final and not subject to judicial review. (4) Marihuana defined In this section, the term marihuana has the meaning given that term in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) )..
3,170
[ "Oversight and Accountability Committee" ]
118hr55ih
118
hr
55
ih
To amend title 18, United States Code, to enhance criminal penalties for health related stalking, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Preventing Vigilante Stalking that Stops Women’s Access to Healthcare and Abortion Rights Act of 2022.", "id": "HCB7CCD3B95074316A3B21A6DC960691A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Obtaining or interfering with the personal healthcare decisions of a woman \n(a) In general \nChapter 110A of title 18, United States Code, is amended by inserting after section 2261B the following: 2261C. Enhanced penalty for health related stalking \nIf a person commits an offense under section 2261A with the intent to obtain healthcare information of an individual or to prevent the healthcare decisions of an individual, the person may be imprisoned for up to 3 years, in addition to any term of imprisonment imposed for that offense under section 2261A.. (b) Clerical amendment \nThe table of sections for chapter 110A of title 18, United States Code, is amended by inserting after the item relating to section 2261B the following: 2261C. Enhanced penalty for health related stalking..", "id": "H426353CBAF4B49D3942AFADC357CC05E", "header": "Obtaining or interfering with the personal healthcare decisions of a woman", "nested": [ { "text": "(a) In general \nChapter 110A of title 18, United States Code, is amended by inserting after section 2261B the following: 2261C. Enhanced penalty for health related stalking \nIf a person commits an offense under section 2261A with the intent to obtain healthcare information of an individual or to prevent the healthcare decisions of an individual, the person may be imprisoned for up to 3 years, in addition to any term of imprisonment imposed for that offense under section 2261A..", "id": "HDB169E564E974AB49AD4F87BCB88E843", "header": "In general", "nested": [], "links": [ { "text": "Chapter 110A", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110A" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 110A of title 18, United States Code, is amended by inserting after the item relating to section 2261B the following: 2261C. Enhanced penalty for health related stalking..", "id": "H3757E56584F7499E9B90D056AAECBE82", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 110A", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110A" }, { "text": "section 2261B", "legal-doc": "usc", "parsable-cite": "usc/18/2261B" } ] } ], "links": [ { "text": "Chapter 110A", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110A" }, { "text": "chapter 110A", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110A" }, { "text": "section 2261B", "legal-doc": "usc", "parsable-cite": "usc/18/2261B" } ] }, { "text": "2261C. Enhanced penalty for health related stalking \nIf a person commits an offense under section 2261A with the intent to obtain healthcare information of an individual or to prevent the healthcare decisions of an individual, the person may be imprisoned for up to 3 years, in addition to any term of imprisonment imposed for that offense under section 2261A.", "id": "H74D4E34076874DDD844A5DA701E0C67B", "header": "Enhanced penalty for health related stalking", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Preventing Vigilante Stalking that Stops Women’s Access to Healthcare and Abortion Rights Act of 2022. 2. Obtaining or interfering with the personal healthcare decisions of a woman (a) In general Chapter 110A of title 18, United States Code, is amended by inserting after section 2261B the following: 2261C. Enhanced penalty for health related stalking If a person commits an offense under section 2261A with the intent to obtain healthcare information of an individual or to prevent the healthcare decisions of an individual, the person may be imprisoned for up to 3 years, in addition to any term of imprisonment imposed for that offense under section 2261A.. (b) Clerical amendment The table of sections for chapter 110A of title 18, United States Code, is amended by inserting after the item relating to section 2261B the following: 2261C. Enhanced penalty for health related stalking.. 2261C. Enhanced penalty for health related stalking If a person commits an offense under section 2261A with the intent to obtain healthcare information of an individual or to prevent the healthcare decisions of an individual, the person may be imprisoned for up to 3 years, in addition to any term of imprisonment imposed for that offense under section 2261A.
1,300
[ "Judiciary Committee" ]
118hr453ih
118
hr
453
ih
To provide remedies to members of the Armed Forces discharged or subject to adverse action under the COVID–19 vaccine mandate.
[ { "text": "1. Short title \nThis Act may be cited as the Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2023 or the AMERICANS Act.", "id": "H04AA6CA422EB4D80B14DA6B71750E612", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Remedies for members of the Armed Forces discharged or subject to adverse action under the COVID–19 vaccine mandate \n(a) Limitation on imposition of new mandate \nThe Secretary of Defense may not issue any COVID–19 vaccine mandate as a replacement for the mandate rescinded under section 525 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 absent a further Act of Congress expressly authorizing a replacement mandate. (b) Remedies \nSection 736 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 1161 note prec.) is amended— (1) in the section heading, by striking to obey lawful order to receive and inserting to receive ; (2) in subsection (a)— (A) by striking a lawful order and inserting an order ; and (B) by striking shall be and all that follows through the period at the end and inserting shall be an honorable discharge. ; (3) by redesignating subsection (b) as subsection (e); and (4) by inserting after subsection (a) the following new subsections: (b) Prohibition on adverse action \nThe Secretary of Defense may not take any adverse action against a covered member based solely on the refusal of such member to receive a vaccine for COVID–19. (c) Remedies available for a covered member discharged or subject to adverse action based on COVID–19 status \nAt the election of a covered member discharged or subject to adverse action based on the member's COVID–19 vaccination status, and upon application through a process established by the Secretary of Defense, the Secretary shall— (1) adjust to honorable discharge the status of the member if— (A) the member was separated from the Armed Forces based solely on the failure of the member to obey an order to receive a vaccine for COVID–19; and (B) the discharge status of the member would have been an honorable discharge but for the refusal to obtain such vaccine; (2) reinstate the member to service at the highest grade held by the member immediately prior to the involuntary separation, allowing, however, for any reduction in rank that was not related to the member’s COVID–19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation; (3) for any member who was subject to any adverse action other than involuntary separation based solely on the member’s COVID–19 vaccination status— (A) restore the member to the highest grade held prior to such adverse action, allowing, however, for any reduction in rank that was not related to the member’s COVID–19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation; and (B) compensate such member for any pay and benefits lost as a result of such adverse action; (4) expunge from the service record of the member any adverse action, to include non-punitive adverse action and involuntary separation, as well as any reference to any such adverse action, based solely on COVID–19 vaccination status; and (5) include the time of involuntary separation of the member reinstated under paragraph (2) in the computation of the retired or retainer pay of the member. (d) Retention and development of unvaccinated members \nThe Secretary of Defense shall— (1) make every effort to retain covered members who are not vaccinated against COVID–19 and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers; (2) only consider the COVID–19 vaccination status of a covered member in making deployment, assignment, and other operational decisions where— (A) the law or regulations of a foreign country require covered members to be vaccinated against COVID–19 in order to enter that country; and (B) the covered member’s presence in that foreign country is necessary in order to perform their assigned role; and (3) for purposes of deployments, assignments, and operations described in paragraph (2), create a process to provide COVID–19 vaccination exemptions to covered members with— (A) a natural immunity to COVID–19; (B) an underlying health condition that would make COVID–19 vaccination a greater risk to that individual than the general population; or (C) sincerely held religious beliefs in conflict with receiving the COVID–19 vaccination. (e) Applicability of remedies contained in this section \nThe prohibitions and remedies described in this section shall apply to covered members regardless of whether or not they sought an accommodation to any Department of Defense COVID–19 vaccination policy on any grounds..", "id": "H51E5127E81AF488B802BE6B1F67BD899", "header": "Remedies for members of the Armed Forces discharged or subject to adverse action under the COVID–19 vaccine mandate", "nested": [ { "text": "(a) Limitation on imposition of new mandate \nThe Secretary of Defense may not issue any COVID–19 vaccine mandate as a replacement for the mandate rescinded under section 525 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 absent a further Act of Congress expressly authorizing a replacement mandate.", "id": "HBE1D5C7C53BF411983E75280DBCF6CA6", "header": "Limitation on imposition of new mandate", "nested": [], "links": [] }, { "text": "(b) Remedies \nSection 736 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 1161 note prec.) is amended— (1) in the section heading, by striking to obey lawful order to receive and inserting to receive ; (2) in subsection (a)— (A) by striking a lawful order and inserting an order ; and (B) by striking shall be and all that follows through the period at the end and inserting shall be an honorable discharge. ; (3) by redesignating subsection (b) as subsection (e); and (4) by inserting after subsection (a) the following new subsections: (b) Prohibition on adverse action \nThe Secretary of Defense may not take any adverse action against a covered member based solely on the refusal of such member to receive a vaccine for COVID–19. (c) Remedies available for a covered member discharged or subject to adverse action based on COVID–19 status \nAt the election of a covered member discharged or subject to adverse action based on the member's COVID–19 vaccination status, and upon application through a process established by the Secretary of Defense, the Secretary shall— (1) adjust to honorable discharge the status of the member if— (A) the member was separated from the Armed Forces based solely on the failure of the member to obey an order to receive a vaccine for COVID–19; and (B) the discharge status of the member would have been an honorable discharge but for the refusal to obtain such vaccine; (2) reinstate the member to service at the highest grade held by the member immediately prior to the involuntary separation, allowing, however, for any reduction in rank that was not related to the member’s COVID–19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation; (3) for any member who was subject to any adverse action other than involuntary separation based solely on the member’s COVID–19 vaccination status— (A) restore the member to the highest grade held prior to such adverse action, allowing, however, for any reduction in rank that was not related to the member’s COVID–19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation; and (B) compensate such member for any pay and benefits lost as a result of such adverse action; (4) expunge from the service record of the member any adverse action, to include non-punitive adverse action and involuntary separation, as well as any reference to any such adverse action, based solely on COVID–19 vaccination status; and (5) include the time of involuntary separation of the member reinstated under paragraph (2) in the computation of the retired or retainer pay of the member. (d) Retention and development of unvaccinated members \nThe Secretary of Defense shall— (1) make every effort to retain covered members who are not vaccinated against COVID–19 and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers; (2) only consider the COVID–19 vaccination status of a covered member in making deployment, assignment, and other operational decisions where— (A) the law or regulations of a foreign country require covered members to be vaccinated against COVID–19 in order to enter that country; and (B) the covered member’s presence in that foreign country is necessary in order to perform their assigned role; and (3) for purposes of deployments, assignments, and operations described in paragraph (2), create a process to provide COVID–19 vaccination exemptions to covered members with— (A) a natural immunity to COVID–19; (B) an underlying health condition that would make COVID–19 vaccination a greater risk to that individual than the general population; or (C) sincerely held religious beliefs in conflict with receiving the COVID–19 vaccination. (e) Applicability of remedies contained in this section \nThe prohibitions and remedies described in this section shall apply to covered members regardless of whether or not they sought an accommodation to any Department of Defense COVID–19 vaccination policy on any grounds..", "id": "H20D92E917A204859B62A5905B36A20C4", "header": "Remedies", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 1161", "legal-doc": "usc", "parsable-cite": "usc/10/1161" } ] } ], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 1161", "legal-doc": "usc", "parsable-cite": "usc/10/1161" } ] } ]
2
1. Short title This Act may be cited as the Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2023 or the AMERICANS Act. 2. Remedies for members of the Armed Forces discharged or subject to adverse action under the COVID–19 vaccine mandate (a) Limitation on imposition of new mandate The Secretary of Defense may not issue any COVID–19 vaccine mandate as a replacement for the mandate rescinded under section 525 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 absent a further Act of Congress expressly authorizing a replacement mandate. (b) Remedies Section 736 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 1161 note prec.) is amended— (1) in the section heading, by striking to obey lawful order to receive and inserting to receive ; (2) in subsection (a)— (A) by striking a lawful order and inserting an order ; and (B) by striking shall be and all that follows through the period at the end and inserting shall be an honorable discharge. ; (3) by redesignating subsection (b) as subsection (e); and (4) by inserting after subsection (a) the following new subsections: (b) Prohibition on adverse action The Secretary of Defense may not take any adverse action against a covered member based solely on the refusal of such member to receive a vaccine for COVID–19. (c) Remedies available for a covered member discharged or subject to adverse action based on COVID–19 status At the election of a covered member discharged or subject to adverse action based on the member's COVID–19 vaccination status, and upon application through a process established by the Secretary of Defense, the Secretary shall— (1) adjust to honorable discharge the status of the member if— (A) the member was separated from the Armed Forces based solely on the failure of the member to obey an order to receive a vaccine for COVID–19; and (B) the discharge status of the member would have been an honorable discharge but for the refusal to obtain such vaccine; (2) reinstate the member to service at the highest grade held by the member immediately prior to the involuntary separation, allowing, however, for any reduction in rank that was not related to the member’s COVID–19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation; (3) for any member who was subject to any adverse action other than involuntary separation based solely on the member’s COVID–19 vaccination status— (A) restore the member to the highest grade held prior to such adverse action, allowing, however, for any reduction in rank that was not related to the member’s COVID–19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation; and (B) compensate such member for any pay and benefits lost as a result of such adverse action; (4) expunge from the service record of the member any adverse action, to include non-punitive adverse action and involuntary separation, as well as any reference to any such adverse action, based solely on COVID–19 vaccination status; and (5) include the time of involuntary separation of the member reinstated under paragraph (2) in the computation of the retired or retainer pay of the member. (d) Retention and development of unvaccinated members The Secretary of Defense shall— (1) make every effort to retain covered members who are not vaccinated against COVID–19 and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers; (2) only consider the COVID–19 vaccination status of a covered member in making deployment, assignment, and other operational decisions where— (A) the law or regulations of a foreign country require covered members to be vaccinated against COVID–19 in order to enter that country; and (B) the covered member’s presence in that foreign country is necessary in order to perform their assigned role; and (3) for purposes of deployments, assignments, and operations described in paragraph (2), create a process to provide COVID–19 vaccination exemptions to covered members with— (A) a natural immunity to COVID–19; (B) an underlying health condition that would make COVID–19 vaccination a greater risk to that individual than the general population; or (C) sincerely held religious beliefs in conflict with receiving the COVID–19 vaccination. (e) Applicability of remedies contained in this section The prohibitions and remedies described in this section shall apply to covered members regardless of whether or not they sought an accommodation to any Department of Defense COVID–19 vaccination policy on any grounds..
4,725
[ "Armed Services Committee" ]
118hr3951ih
118
hr
3,951
ih
To establish in the Department of Agriculture an Office of Aquaculture, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Sustaining Healthy Ecosystems, Livelihoods, and Local Seafood Act or the SHELLS Act.", "id": "HB757AD94C2E247EAB83BAA1D5B700A4C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Office of Aquaculture \n(a) In general \nSubtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 216 ( 7 U.S.C. 6916 ) the following: 217. Office of Aquaculture \n(a) Definitions \nIn this section: (1) Aquaculture \nThe term aquaculture has the meaning given that term in section 3 of the National Aquaculture Act of 1980 ( 16 U.S.C. 2802 ). (2) Committee \nThe term Committee means the Aquaculture Advisory Committee established under subsection (c)(1). (3) Director \nThe term Director means the Director of the Office appointed under subsection (b)(2). (4) Office \nThe term Office means the Office of Aquaculture established under subsection (b)(1). (b) Office \n(1) In general \nThe Secretary shall establish in the Department an Office of Aquaculture. (2) Director \nThe Secretary shall appoint a senior official to serve as the Director of the Office. (3) Mission \nThe mission of the Office, in coordination with any other relevant Federal agency, shall be to encourage and promote aquaculture operations that promote United States food security and limit adverse environmental effects, including— (A) shellfish cultivation (including oysters, clams, and mussels); (B) micro- and macro-algae cultivation; (C) aquaculture production within land-based systems; and (D) other forms of aquaculture production, as determined by the Secretary, in consultation with the Secretary of Commerce and the heads of other Federal agencies, as applicable. (4) Responsibilities \nThe Director shall be responsible for engaging in activities to carry out the mission of the Office described in paragraph (3), including by— (A) overseeing programs of the Department to support the development and advancement of aquaculture best practices, using the best available science, in consultation with agricultural producers and industry partners; (B) providing technical assistance on best practices to aquaculture farmers and businesses, including for shellfish, algae, and land-based aquaculture systems, using the best available science; (C) advising the Secretary; (D) coordinating with the agencies and officials of the Department to update and ensure support for aquaculture in relevant programs; (E) engaging in stakeholder relations and developing external partnerships; (F) identifying common State and municipal best practices for navigating local policies; (G) oversight of extension and outreach efforts to support aquaculture producers and businesses; (H) collaborating and coordinating with other Federal agencies, including the National Oceanic and Atmospheric Administration, the United States Fish and Wildlife Service, the Office of Science and Technology Policy, and the Environmental Protection Agency; (I) convening a working group with relevant officials of the Department to coordinate programs and share knowledge; (J) representing the Department on the Subcommittee on Aquaculture of the National Science and Technology Council; (K) gathering and issuing aquaculture production data, in consultation with the Administrator of the National Oceanic and Atmospheric Administration; (L) applying existing programs for risk mitigation as applicable to aquaculture, including insurance and purchasing programs; and (M) promoting aquaculture practices that provide environmental, economic, and social benefits. (c) Aquaculture Advisory Committee \n(1) In general \nNot later than 180 days after the date of enactment of the Sustaining Healthy Ecosystems, Livelihoods, and Local Seafood Act , the Secretary shall establish an Aquaculture Advisory Committee to advise the Secretary on— (A) oversight of programs of the Department to support development of, and to advance, aquaculture best practices using the best available science, in consultation with farmers and industry partners; (B) the history, use and preservation of Indigenous and traditional aquaculture practices and ecological knowledge; (C) providing technical assistance to aquaculture farmers and businesses, including technical assistance that pertains to shellfish, algae, and land-based aquaculture systems, using the best available science; and (D) any other aspects of the implementation of this section. (2) Membership \n(A) In general \nThe Committee shall be composed of 14 members, to be appointed by the Secretary, of whom— (i) 1 shall be a representative of the Department, who shall serve as chair of the Committee; (ii) 4 shall be individuals who are aquaculture producers who employ best practices and limit adverse effects that result from the operations of the aquaculture producers; (iii) 2 shall be representatives from an Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or from a Native Hawaiian organization (as such term is defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); (iv) 1 shall be a representative from a State or interstate commission; (v) 1 shall be a representative from an institution of higher education or extension program; (vi) 1 shall be an individual who represents a nonprofit organization, which may include a public health, environmental, or community organization; (vii) 1 shall be an individual who represents a relevant port, coastal, or working waterfront community; (viii) 1 shall be an individual with supply chain experience, which may include a food aggregator, wholesale food distributor, food hub, or an individual who has direct-to-consumer market experience; (ix) 1 shall be an individual with related experience or expertise in aquaculture production practices, as determined by the Secretary; and (x) 1 shall be an individual who represents aquaculture end users, including a chef, member of the food service industry, or grocer. (B) Initial appointments \nThe Secretary shall appoint the members of the Committee not later than 180 days after the date of enactment of this section. (3) Period of appointment; vacancies \n(A) In general \nExcept as provided in subparagraph (B), a member of the Committee shall be appointed for a term of 3 years. (B) Initial appointments \nOf the members first appointed to the Committee— (i) 5 of the members, as determined by the Secretary, shall be appointed for a term of 3 years; (ii) 5 of the members, as determined by the Secretary, shall be appointed for a term of 2 years; and (iii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 1 year. (C) Vacancies \nAny vacancy in the Committee— (i) shall not affect the powers of the Committee; and (ii) shall be filled as soon as practicable in the same manner as the original appointment. (D) Consecutive terms \nAn initial appointee of the Committee may serve an additional consecutive term if the member is reappointed by the Secretary. (4) Meetings \n(A) Frequency \nThe Committee shall meet not fewer than 3 times per year. (B) Initial meeting \nNot later than 180 days after the date on which the members are appointed under paragraph (2)(B), the Committee shall hold the first meeting of the Committee. (5) Duties \n(A) In general \nThe Committee shall— (i) develop recommendations and advise the Director on aquaculture policies, initiatives, and outreach administered by the Office; (ii) evaluate and review ongoing research and extension activities relating to aquaculture practices; (iii) identify new and existing barriers to successful aquaculture practices; and (iv) provide additional assistance and advice to the Director as appropriate. (B) Reports \nNot later than 1 year after the date on which the Committee is established, and every 2 years thereafter through 2028, the Committee shall submit to the Secretary, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives, a report describing the recommendations developed under subparagraph (A). (6) Personnel matters \n(A) Compensation \nA member of the Committee shall serve without compensation. (B) Travel expenses \nA member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (7) Termination \n(A) In general \nSubject to subparagraph (B), the Committee shall terminate on the date that is 5 years after the date on which the members are appointed under paragraph (2)(B). (B) Extensions \nBefore the date on which the Committee terminates, the Secretary may renew the Committee for 1 or more 2-year periods. (d) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2028.. (b) Technical and conforming amendments \n(1) The Department of Agriculture Reorganization Act of 1994 is amended by redesignating the first section 225 ( 7 U.S.C. 6925 ) (relating to the Food Access Liaison) as section 224A. (2) Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended by adding at the end the following: (11) The authority of the Secretary to carry out section 217..", "id": "H871B974D69F84A368B164DA5CC22C734", "header": "Office of Aquaculture", "nested": [ { "text": "(a) In general \nSubtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 216 ( 7 U.S.C. 6916 ) the following: 217. Office of Aquaculture \n(a) Definitions \nIn this section: (1) Aquaculture \nThe term aquaculture has the meaning given that term in section 3 of the National Aquaculture Act of 1980 ( 16 U.S.C. 2802 ). (2) Committee \nThe term Committee means the Aquaculture Advisory Committee established under subsection (c)(1). (3) Director \nThe term Director means the Director of the Office appointed under subsection (b)(2). (4) Office \nThe term Office means the Office of Aquaculture established under subsection (b)(1). (b) Office \n(1) In general \nThe Secretary shall establish in the Department an Office of Aquaculture. (2) Director \nThe Secretary shall appoint a senior official to serve as the Director of the Office. (3) Mission \nThe mission of the Office, in coordination with any other relevant Federal agency, shall be to encourage and promote aquaculture operations that promote United States food security and limit adverse environmental effects, including— (A) shellfish cultivation (including oysters, clams, and mussels); (B) micro- and macro-algae cultivation; (C) aquaculture production within land-based systems; and (D) other forms of aquaculture production, as determined by the Secretary, in consultation with the Secretary of Commerce and the heads of other Federal agencies, as applicable. (4) Responsibilities \nThe Director shall be responsible for engaging in activities to carry out the mission of the Office described in paragraph (3), including by— (A) overseeing programs of the Department to support the development and advancement of aquaculture best practices, using the best available science, in consultation with agricultural producers and industry partners; (B) providing technical assistance on best practices to aquaculture farmers and businesses, including for shellfish, algae, and land-based aquaculture systems, using the best available science; (C) advising the Secretary; (D) coordinating with the agencies and officials of the Department to update and ensure support for aquaculture in relevant programs; (E) engaging in stakeholder relations and developing external partnerships; (F) identifying common State and municipal best practices for navigating local policies; (G) oversight of extension and outreach efforts to support aquaculture producers and businesses; (H) collaborating and coordinating with other Federal agencies, including the National Oceanic and Atmospheric Administration, the United States Fish and Wildlife Service, the Office of Science and Technology Policy, and the Environmental Protection Agency; (I) convening a working group with relevant officials of the Department to coordinate programs and share knowledge; (J) representing the Department on the Subcommittee on Aquaculture of the National Science and Technology Council; (K) gathering and issuing aquaculture production data, in consultation with the Administrator of the National Oceanic and Atmospheric Administration; (L) applying existing programs for risk mitigation as applicable to aquaculture, including insurance and purchasing programs; and (M) promoting aquaculture practices that provide environmental, economic, and social benefits. (c) Aquaculture Advisory Committee \n(1) In general \nNot later than 180 days after the date of enactment of the Sustaining Healthy Ecosystems, Livelihoods, and Local Seafood Act , the Secretary shall establish an Aquaculture Advisory Committee to advise the Secretary on— (A) oversight of programs of the Department to support development of, and to advance, aquaculture best practices using the best available science, in consultation with farmers and industry partners; (B) the history, use and preservation of Indigenous and traditional aquaculture practices and ecological knowledge; (C) providing technical assistance to aquaculture farmers and businesses, including technical assistance that pertains to shellfish, algae, and land-based aquaculture systems, using the best available science; and (D) any other aspects of the implementation of this section. (2) Membership \n(A) In general \nThe Committee shall be composed of 14 members, to be appointed by the Secretary, of whom— (i) 1 shall be a representative of the Department, who shall serve as chair of the Committee; (ii) 4 shall be individuals who are aquaculture producers who employ best practices and limit adverse effects that result from the operations of the aquaculture producers; (iii) 2 shall be representatives from an Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or from a Native Hawaiian organization (as such term is defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); (iv) 1 shall be a representative from a State or interstate commission; (v) 1 shall be a representative from an institution of higher education or extension program; (vi) 1 shall be an individual who represents a nonprofit organization, which may include a public health, environmental, or community organization; (vii) 1 shall be an individual who represents a relevant port, coastal, or working waterfront community; (viii) 1 shall be an individual with supply chain experience, which may include a food aggregator, wholesale food distributor, food hub, or an individual who has direct-to-consumer market experience; (ix) 1 shall be an individual with related experience or expertise in aquaculture production practices, as determined by the Secretary; and (x) 1 shall be an individual who represents aquaculture end users, including a chef, member of the food service industry, or grocer. (B) Initial appointments \nThe Secretary shall appoint the members of the Committee not later than 180 days after the date of enactment of this section. (3) Period of appointment; vacancies \n(A) In general \nExcept as provided in subparagraph (B), a member of the Committee shall be appointed for a term of 3 years. (B) Initial appointments \nOf the members first appointed to the Committee— (i) 5 of the members, as determined by the Secretary, shall be appointed for a term of 3 years; (ii) 5 of the members, as determined by the Secretary, shall be appointed for a term of 2 years; and (iii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 1 year. (C) Vacancies \nAny vacancy in the Committee— (i) shall not affect the powers of the Committee; and (ii) shall be filled as soon as practicable in the same manner as the original appointment. (D) Consecutive terms \nAn initial appointee of the Committee may serve an additional consecutive term if the member is reappointed by the Secretary. (4) Meetings \n(A) Frequency \nThe Committee shall meet not fewer than 3 times per year. (B) Initial meeting \nNot later than 180 days after the date on which the members are appointed under paragraph (2)(B), the Committee shall hold the first meeting of the Committee. (5) Duties \n(A) In general \nThe Committee shall— (i) develop recommendations and advise the Director on aquaculture policies, initiatives, and outreach administered by the Office; (ii) evaluate and review ongoing research and extension activities relating to aquaculture practices; (iii) identify new and existing barriers to successful aquaculture practices; and (iv) provide additional assistance and advice to the Director as appropriate. (B) Reports \nNot later than 1 year after the date on which the Committee is established, and every 2 years thereafter through 2028, the Committee shall submit to the Secretary, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives, a report describing the recommendations developed under subparagraph (A). (6) Personnel matters \n(A) Compensation \nA member of the Committee shall serve without compensation. (B) Travel expenses \nA member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (7) Termination \n(A) In general \nSubject to subparagraph (B), the Committee shall terminate on the date that is 5 years after the date on which the members are appointed under paragraph (2)(B). (B) Extensions \nBefore the date on which the Committee terminates, the Secretary may renew the Committee for 1 or more 2-year periods. (d) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2028..", "id": "HC2EE4CCE3793409EBA71918BCE0C9CA2", "header": "In general", "nested": [], "links": [ { "text": "7 U.S.C. 6916", "legal-doc": "usc", "parsable-cite": "usc/7/6916" }, { "text": "16 U.S.C. 2802", "legal-doc": "usc", "parsable-cite": "usc/16/2802" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 3001", "legal-doc": "usc", "parsable-cite": "usc/25/3001" } ] }, { "text": "(b) Technical and conforming amendments \n(1) The Department of Agriculture Reorganization Act of 1994 is amended by redesignating the first section 225 ( 7 U.S.C. 6925 ) (relating to the Food Access Liaison) as section 224A. (2) Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended by adding at the end the following: (11) The authority of the Secretary to carry out section 217..", "id": "HB960BD49E7274AEBB739693C64ED7078", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "7 U.S.C. 6925", "legal-doc": "usc", "parsable-cite": "usc/7/6925" }, { "text": "7 U.S.C. 7014(b)", "legal-doc": "usc", "parsable-cite": "usc/7/7014" } ] } ], "links": [ { "text": "7 U.S.C. 6916", "legal-doc": "usc", "parsable-cite": "usc/7/6916" }, { "text": "16 U.S.C. 2802", "legal-doc": "usc", "parsable-cite": "usc/16/2802" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 3001", "legal-doc": "usc", "parsable-cite": "usc/25/3001" }, { "text": "7 U.S.C. 6925", "legal-doc": "usc", "parsable-cite": "usc/7/6925" }, { "text": "7 U.S.C. 7014(b)", "legal-doc": "usc", "parsable-cite": "usc/7/7014" } ] }, { "text": "217. Office of Aquaculture \n(a) Definitions \nIn this section: (1) Aquaculture \nThe term aquaculture has the meaning given that term in section 3 of the National Aquaculture Act of 1980 ( 16 U.S.C. 2802 ). (2) Committee \nThe term Committee means the Aquaculture Advisory Committee established under subsection (c)(1). (3) Director \nThe term Director means the Director of the Office appointed under subsection (b)(2). (4) Office \nThe term Office means the Office of Aquaculture established under subsection (b)(1). (b) Office \n(1) In general \nThe Secretary shall establish in the Department an Office of Aquaculture. (2) Director \nThe Secretary shall appoint a senior official to serve as the Director of the Office. (3) Mission \nThe mission of the Office, in coordination with any other relevant Federal agency, shall be to encourage and promote aquaculture operations that promote United States food security and limit adverse environmental effects, including— (A) shellfish cultivation (including oysters, clams, and mussels); (B) micro- and macro-algae cultivation; (C) aquaculture production within land-based systems; and (D) other forms of aquaculture production, as determined by the Secretary, in consultation with the Secretary of Commerce and the heads of other Federal agencies, as applicable. (4) Responsibilities \nThe Director shall be responsible for engaging in activities to carry out the mission of the Office described in paragraph (3), including by— (A) overseeing programs of the Department to support the development and advancement of aquaculture best practices, using the best available science, in consultation with agricultural producers and industry partners; (B) providing technical assistance on best practices to aquaculture farmers and businesses, including for shellfish, algae, and land-based aquaculture systems, using the best available science; (C) advising the Secretary; (D) coordinating with the agencies and officials of the Department to update and ensure support for aquaculture in relevant programs; (E) engaging in stakeholder relations and developing external partnerships; (F) identifying common State and municipal best practices for navigating local policies; (G) oversight of extension and outreach efforts to support aquaculture producers and businesses; (H) collaborating and coordinating with other Federal agencies, including the National Oceanic and Atmospheric Administration, the United States Fish and Wildlife Service, the Office of Science and Technology Policy, and the Environmental Protection Agency; (I) convening a working group with relevant officials of the Department to coordinate programs and share knowledge; (J) representing the Department on the Subcommittee on Aquaculture of the National Science and Technology Council; (K) gathering and issuing aquaculture production data, in consultation with the Administrator of the National Oceanic and Atmospheric Administration; (L) applying existing programs for risk mitigation as applicable to aquaculture, including insurance and purchasing programs; and (M) promoting aquaculture practices that provide environmental, economic, and social benefits. (c) Aquaculture Advisory Committee \n(1) In general \nNot later than 180 days after the date of enactment of the Sustaining Healthy Ecosystems, Livelihoods, and Local Seafood Act , the Secretary shall establish an Aquaculture Advisory Committee to advise the Secretary on— (A) oversight of programs of the Department to support development of, and to advance, aquaculture best practices using the best available science, in consultation with farmers and industry partners; (B) the history, use and preservation of Indigenous and traditional aquaculture practices and ecological knowledge; (C) providing technical assistance to aquaculture farmers and businesses, including technical assistance that pertains to shellfish, algae, and land-based aquaculture systems, using the best available science; and (D) any other aspects of the implementation of this section. (2) Membership \n(A) In general \nThe Committee shall be composed of 14 members, to be appointed by the Secretary, of whom— (i) 1 shall be a representative of the Department, who shall serve as chair of the Committee; (ii) 4 shall be individuals who are aquaculture producers who employ best practices and limit adverse effects that result from the operations of the aquaculture producers; (iii) 2 shall be representatives from an Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or from a Native Hawaiian organization (as such term is defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); (iv) 1 shall be a representative from a State or interstate commission; (v) 1 shall be a representative from an institution of higher education or extension program; (vi) 1 shall be an individual who represents a nonprofit organization, which may include a public health, environmental, or community organization; (vii) 1 shall be an individual who represents a relevant port, coastal, or working waterfront community; (viii) 1 shall be an individual with supply chain experience, which may include a food aggregator, wholesale food distributor, food hub, or an individual who has direct-to-consumer market experience; (ix) 1 shall be an individual with related experience or expertise in aquaculture production practices, as determined by the Secretary; and (x) 1 shall be an individual who represents aquaculture end users, including a chef, member of the food service industry, or grocer. (B) Initial appointments \nThe Secretary shall appoint the members of the Committee not later than 180 days after the date of enactment of this section. (3) Period of appointment; vacancies \n(A) In general \nExcept as provided in subparagraph (B), a member of the Committee shall be appointed for a term of 3 years. (B) Initial appointments \nOf the members first appointed to the Committee— (i) 5 of the members, as determined by the Secretary, shall be appointed for a term of 3 years; (ii) 5 of the members, as determined by the Secretary, shall be appointed for a term of 2 years; and (iii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 1 year. (C) Vacancies \nAny vacancy in the Committee— (i) shall not affect the powers of the Committee; and (ii) shall be filled as soon as practicable in the same manner as the original appointment. (D) Consecutive terms \nAn initial appointee of the Committee may serve an additional consecutive term if the member is reappointed by the Secretary. (4) Meetings \n(A) Frequency \nThe Committee shall meet not fewer than 3 times per year. (B) Initial meeting \nNot later than 180 days after the date on which the members are appointed under paragraph (2)(B), the Committee shall hold the first meeting of the Committee. (5) Duties \n(A) In general \nThe Committee shall— (i) develop recommendations and advise the Director on aquaculture policies, initiatives, and outreach administered by the Office; (ii) evaluate and review ongoing research and extension activities relating to aquaculture practices; (iii) identify new and existing barriers to successful aquaculture practices; and (iv) provide additional assistance and advice to the Director as appropriate. (B) Reports \nNot later than 1 year after the date on which the Committee is established, and every 2 years thereafter through 2028, the Committee shall submit to the Secretary, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives, a report describing the recommendations developed under subparagraph (A). (6) Personnel matters \n(A) Compensation \nA member of the Committee shall serve without compensation. (B) Travel expenses \nA member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (7) Termination \n(A) In general \nSubject to subparagraph (B), the Committee shall terminate on the date that is 5 years after the date on which the members are appointed under paragraph (2)(B). (B) Extensions \nBefore the date on which the Committee terminates, the Secretary may renew the Committee for 1 or more 2-year periods. (d) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2028.", "id": "HF12AF0A0E1884BB0B0BD76C5E0695718", "header": "Office of Aquaculture", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Aquaculture \nThe term aquaculture has the meaning given that term in section 3 of the National Aquaculture Act of 1980 ( 16 U.S.C. 2802 ). (2) Committee \nThe term Committee means the Aquaculture Advisory Committee established under subsection (c)(1). (3) Director \nThe term Director means the Director of the Office appointed under subsection (b)(2). (4) Office \nThe term Office means the Office of Aquaculture established under subsection (b)(1).", "id": "HC7929C3E8646463596A8B3F66D46DBB8", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 2802", "legal-doc": "usc", "parsable-cite": "usc/16/2802" } ] }, { "text": "(b) Office \n(1) In general \nThe Secretary shall establish in the Department an Office of Aquaculture. (2) Director \nThe Secretary shall appoint a senior official to serve as the Director of the Office. (3) Mission \nThe mission of the Office, in coordination with any other relevant Federal agency, shall be to encourage and promote aquaculture operations that promote United States food security and limit adverse environmental effects, including— (A) shellfish cultivation (including oysters, clams, and mussels); (B) micro- and macro-algae cultivation; (C) aquaculture production within land-based systems; and (D) other forms of aquaculture production, as determined by the Secretary, in consultation with the Secretary of Commerce and the heads of other Federal agencies, as applicable. (4) Responsibilities \nThe Director shall be responsible for engaging in activities to carry out the mission of the Office described in paragraph (3), including by— (A) overseeing programs of the Department to support the development and advancement of aquaculture best practices, using the best available science, in consultation with agricultural producers and industry partners; (B) providing technical assistance on best practices to aquaculture farmers and businesses, including for shellfish, algae, and land-based aquaculture systems, using the best available science; (C) advising the Secretary; (D) coordinating with the agencies and officials of the Department to update and ensure support for aquaculture in relevant programs; (E) engaging in stakeholder relations and developing external partnerships; (F) identifying common State and municipal best practices for navigating local policies; (G) oversight of extension and outreach efforts to support aquaculture producers and businesses; (H) collaborating and coordinating with other Federal agencies, including the National Oceanic and Atmospheric Administration, the United States Fish and Wildlife Service, the Office of Science and Technology Policy, and the Environmental Protection Agency; (I) convening a working group with relevant officials of the Department to coordinate programs and share knowledge; (J) representing the Department on the Subcommittee on Aquaculture of the National Science and Technology Council; (K) gathering and issuing aquaculture production data, in consultation with the Administrator of the National Oceanic and Atmospheric Administration; (L) applying existing programs for risk mitigation as applicable to aquaculture, including insurance and purchasing programs; and (M) promoting aquaculture practices that provide environmental, economic, and social benefits.", "id": "H8756ED2AE0F949CABFF98368EF986FD7", "header": "Office", "nested": [], "links": [] }, { "text": "(c) Aquaculture Advisory Committee \n(1) In general \nNot later than 180 days after the date of enactment of the Sustaining Healthy Ecosystems, Livelihoods, and Local Seafood Act , the Secretary shall establish an Aquaculture Advisory Committee to advise the Secretary on— (A) oversight of programs of the Department to support development of, and to advance, aquaculture best practices using the best available science, in consultation with farmers and industry partners; (B) the history, use and preservation of Indigenous and traditional aquaculture practices and ecological knowledge; (C) providing technical assistance to aquaculture farmers and businesses, including technical assistance that pertains to shellfish, algae, and land-based aquaculture systems, using the best available science; and (D) any other aspects of the implementation of this section. (2) Membership \n(A) In general \nThe Committee shall be composed of 14 members, to be appointed by the Secretary, of whom— (i) 1 shall be a representative of the Department, who shall serve as chair of the Committee; (ii) 4 shall be individuals who are aquaculture producers who employ best practices and limit adverse effects that result from the operations of the aquaculture producers; (iii) 2 shall be representatives from an Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or from a Native Hawaiian organization (as such term is defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); (iv) 1 shall be a representative from a State or interstate commission; (v) 1 shall be a representative from an institution of higher education or extension program; (vi) 1 shall be an individual who represents a nonprofit organization, which may include a public health, environmental, or community organization; (vii) 1 shall be an individual who represents a relevant port, coastal, or working waterfront community; (viii) 1 shall be an individual with supply chain experience, which may include a food aggregator, wholesale food distributor, food hub, or an individual who has direct-to-consumer market experience; (ix) 1 shall be an individual with related experience or expertise in aquaculture production practices, as determined by the Secretary; and (x) 1 shall be an individual who represents aquaculture end users, including a chef, member of the food service industry, or grocer. (B) Initial appointments \nThe Secretary shall appoint the members of the Committee not later than 180 days after the date of enactment of this section. (3) Period of appointment; vacancies \n(A) In general \nExcept as provided in subparagraph (B), a member of the Committee shall be appointed for a term of 3 years. (B) Initial appointments \nOf the members first appointed to the Committee— (i) 5 of the members, as determined by the Secretary, shall be appointed for a term of 3 years; (ii) 5 of the members, as determined by the Secretary, shall be appointed for a term of 2 years; and (iii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 1 year. (C) Vacancies \nAny vacancy in the Committee— (i) shall not affect the powers of the Committee; and (ii) shall be filled as soon as practicable in the same manner as the original appointment. (D) Consecutive terms \nAn initial appointee of the Committee may serve an additional consecutive term if the member is reappointed by the Secretary. (4) Meetings \n(A) Frequency \nThe Committee shall meet not fewer than 3 times per year. (B) Initial meeting \nNot later than 180 days after the date on which the members are appointed under paragraph (2)(B), the Committee shall hold the first meeting of the Committee. (5) Duties \n(A) In general \nThe Committee shall— (i) develop recommendations and advise the Director on aquaculture policies, initiatives, and outreach administered by the Office; (ii) evaluate and review ongoing research and extension activities relating to aquaculture practices; (iii) identify new and existing barriers to successful aquaculture practices; and (iv) provide additional assistance and advice to the Director as appropriate. (B) Reports \nNot later than 1 year after the date on which the Committee is established, and every 2 years thereafter through 2028, the Committee shall submit to the Secretary, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives, a report describing the recommendations developed under subparagraph (A). (6) Personnel matters \n(A) Compensation \nA member of the Committee shall serve without compensation. (B) Travel expenses \nA member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (7) Termination \n(A) In general \nSubject to subparagraph (B), the Committee shall terminate on the date that is 5 years after the date on which the members are appointed under paragraph (2)(B). (B) Extensions \nBefore the date on which the Committee terminates, the Secretary may renew the Committee for 1 or more 2-year periods.", "id": "HE7A0C80A1140473CAEDA93D7CDF5D803", "header": "Aquaculture Advisory Committee", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 3001", "legal-doc": "usc", "parsable-cite": "usc/25/3001" } ] }, { "text": "(d) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2028.", "id": "HF32498F71EC9428B8279AF6C215718B6", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 2802", "legal-doc": "usc", "parsable-cite": "usc/16/2802" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 3001", "legal-doc": "usc", "parsable-cite": "usc/25/3001" } ] } ]
3
1. Short title This Act may be cited as the Sustaining Healthy Ecosystems, Livelihoods, and Local Seafood Act or the SHELLS Act. 2. Office of Aquaculture (a) In general Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 216 ( 7 U.S.C. 6916 ) the following: 217. Office of Aquaculture (a) Definitions In this section: (1) Aquaculture The term aquaculture has the meaning given that term in section 3 of the National Aquaculture Act of 1980 ( 16 U.S.C. 2802 ). (2) Committee The term Committee means the Aquaculture Advisory Committee established under subsection (c)(1). (3) Director The term Director means the Director of the Office appointed under subsection (b)(2). (4) Office The term Office means the Office of Aquaculture established under subsection (b)(1). (b) Office (1) In general The Secretary shall establish in the Department an Office of Aquaculture. (2) Director The Secretary shall appoint a senior official to serve as the Director of the Office. (3) Mission The mission of the Office, in coordination with any other relevant Federal agency, shall be to encourage and promote aquaculture operations that promote United States food security and limit adverse environmental effects, including— (A) shellfish cultivation (including oysters, clams, and mussels); (B) micro- and macro-algae cultivation; (C) aquaculture production within land-based systems; and (D) other forms of aquaculture production, as determined by the Secretary, in consultation with the Secretary of Commerce and the heads of other Federal agencies, as applicable. (4) Responsibilities The Director shall be responsible for engaging in activities to carry out the mission of the Office described in paragraph (3), including by— (A) overseeing programs of the Department to support the development and advancement of aquaculture best practices, using the best available science, in consultation with agricultural producers and industry partners; (B) providing technical assistance on best practices to aquaculture farmers and businesses, including for shellfish, algae, and land-based aquaculture systems, using the best available science; (C) advising the Secretary; (D) coordinating with the agencies and officials of the Department to update and ensure support for aquaculture in relevant programs; (E) engaging in stakeholder relations and developing external partnerships; (F) identifying common State and municipal best practices for navigating local policies; (G) oversight of extension and outreach efforts to support aquaculture producers and businesses; (H) collaborating and coordinating with other Federal agencies, including the National Oceanic and Atmospheric Administration, the United States Fish and Wildlife Service, the Office of Science and Technology Policy, and the Environmental Protection Agency; (I) convening a working group with relevant officials of the Department to coordinate programs and share knowledge; (J) representing the Department on the Subcommittee on Aquaculture of the National Science and Technology Council; (K) gathering and issuing aquaculture production data, in consultation with the Administrator of the National Oceanic and Atmospheric Administration; (L) applying existing programs for risk mitigation as applicable to aquaculture, including insurance and purchasing programs; and (M) promoting aquaculture practices that provide environmental, economic, and social benefits. (c) Aquaculture Advisory Committee (1) In general Not later than 180 days after the date of enactment of the Sustaining Healthy Ecosystems, Livelihoods, and Local Seafood Act , the Secretary shall establish an Aquaculture Advisory Committee to advise the Secretary on— (A) oversight of programs of the Department to support development of, and to advance, aquaculture best practices using the best available science, in consultation with farmers and industry partners; (B) the history, use and preservation of Indigenous and traditional aquaculture practices and ecological knowledge; (C) providing technical assistance to aquaculture farmers and businesses, including technical assistance that pertains to shellfish, algae, and land-based aquaculture systems, using the best available science; and (D) any other aspects of the implementation of this section. (2) Membership (A) In general The Committee shall be composed of 14 members, to be appointed by the Secretary, of whom— (i) 1 shall be a representative of the Department, who shall serve as chair of the Committee; (ii) 4 shall be individuals who are aquaculture producers who employ best practices and limit adverse effects that result from the operations of the aquaculture producers; (iii) 2 shall be representatives from an Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or from a Native Hawaiian organization (as such term is defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); (iv) 1 shall be a representative from a State or interstate commission; (v) 1 shall be a representative from an institution of higher education or extension program; (vi) 1 shall be an individual who represents a nonprofit organization, which may include a public health, environmental, or community organization; (vii) 1 shall be an individual who represents a relevant port, coastal, or working waterfront community; (viii) 1 shall be an individual with supply chain experience, which may include a food aggregator, wholesale food distributor, food hub, or an individual who has direct-to-consumer market experience; (ix) 1 shall be an individual with related experience or expertise in aquaculture production practices, as determined by the Secretary; and (x) 1 shall be an individual who represents aquaculture end users, including a chef, member of the food service industry, or grocer. (B) Initial appointments The Secretary shall appoint the members of the Committee not later than 180 days after the date of enactment of this section. (3) Period of appointment; vacancies (A) In general Except as provided in subparagraph (B), a member of the Committee shall be appointed for a term of 3 years. (B) Initial appointments Of the members first appointed to the Committee— (i) 5 of the members, as determined by the Secretary, shall be appointed for a term of 3 years; (ii) 5 of the members, as determined by the Secretary, shall be appointed for a term of 2 years; and (iii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 1 year. (C) Vacancies Any vacancy in the Committee— (i) shall not affect the powers of the Committee; and (ii) shall be filled as soon as practicable in the same manner as the original appointment. (D) Consecutive terms An initial appointee of the Committee may serve an additional consecutive term if the member is reappointed by the Secretary. (4) Meetings (A) Frequency The Committee shall meet not fewer than 3 times per year. (B) Initial meeting Not later than 180 days after the date on which the members are appointed under paragraph (2)(B), the Committee shall hold the first meeting of the Committee. (5) Duties (A) In general The Committee shall— (i) develop recommendations and advise the Director on aquaculture policies, initiatives, and outreach administered by the Office; (ii) evaluate and review ongoing research and extension activities relating to aquaculture practices; (iii) identify new and existing barriers to successful aquaculture practices; and (iv) provide additional assistance and advice to the Director as appropriate. (B) Reports Not later than 1 year after the date on which the Committee is established, and every 2 years thereafter through 2028, the Committee shall submit to the Secretary, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives, a report describing the recommendations developed under subparagraph (A). (6) Personnel matters (A) Compensation A member of the Committee shall serve without compensation. (B) Travel expenses A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (7) Termination (A) In general Subject to subparagraph (B), the Committee shall terminate on the date that is 5 years after the date on which the members are appointed under paragraph (2)(B). (B) Extensions Before the date on which the Committee terminates, the Secretary may renew the Committee for 1 or more 2-year periods. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2028.. (b) Technical and conforming amendments (1) The Department of Agriculture Reorganization Act of 1994 is amended by redesignating the first section 225 ( 7 U.S.C. 6925 ) (relating to the Food Access Liaison) as section 224A. (2) Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended by adding at the end the following: (11) The authority of the Secretary to carry out section 217.. 217. Office of Aquaculture (a) Definitions In this section: (1) Aquaculture The term aquaculture has the meaning given that term in section 3 of the National Aquaculture Act of 1980 ( 16 U.S.C. 2802 ). (2) Committee The term Committee means the Aquaculture Advisory Committee established under subsection (c)(1). (3) Director The term Director means the Director of the Office appointed under subsection (b)(2). (4) Office The term Office means the Office of Aquaculture established under subsection (b)(1). (b) Office (1) In general The Secretary shall establish in the Department an Office of Aquaculture. (2) Director The Secretary shall appoint a senior official to serve as the Director of the Office. (3) Mission The mission of the Office, in coordination with any other relevant Federal agency, shall be to encourage and promote aquaculture operations that promote United States food security and limit adverse environmental effects, including— (A) shellfish cultivation (including oysters, clams, and mussels); (B) micro- and macro-algae cultivation; (C) aquaculture production within land-based systems; and (D) other forms of aquaculture production, as determined by the Secretary, in consultation with the Secretary of Commerce and the heads of other Federal agencies, as applicable. (4) Responsibilities The Director shall be responsible for engaging in activities to carry out the mission of the Office described in paragraph (3), including by— (A) overseeing programs of the Department to support the development and advancement of aquaculture best practices, using the best available science, in consultation with agricultural producers and industry partners; (B) providing technical assistance on best practices to aquaculture farmers and businesses, including for shellfish, algae, and land-based aquaculture systems, using the best available science; (C) advising the Secretary; (D) coordinating with the agencies and officials of the Department to update and ensure support for aquaculture in relevant programs; (E) engaging in stakeholder relations and developing external partnerships; (F) identifying common State and municipal best practices for navigating local policies; (G) oversight of extension and outreach efforts to support aquaculture producers and businesses; (H) collaborating and coordinating with other Federal agencies, including the National Oceanic and Atmospheric Administration, the United States Fish and Wildlife Service, the Office of Science and Technology Policy, and the Environmental Protection Agency; (I) convening a working group with relevant officials of the Department to coordinate programs and share knowledge; (J) representing the Department on the Subcommittee on Aquaculture of the National Science and Technology Council; (K) gathering and issuing aquaculture production data, in consultation with the Administrator of the National Oceanic and Atmospheric Administration; (L) applying existing programs for risk mitigation as applicable to aquaculture, including insurance and purchasing programs; and (M) promoting aquaculture practices that provide environmental, economic, and social benefits. (c) Aquaculture Advisory Committee (1) In general Not later than 180 days after the date of enactment of the Sustaining Healthy Ecosystems, Livelihoods, and Local Seafood Act , the Secretary shall establish an Aquaculture Advisory Committee to advise the Secretary on— (A) oversight of programs of the Department to support development of, and to advance, aquaculture best practices using the best available science, in consultation with farmers and industry partners; (B) the history, use and preservation of Indigenous and traditional aquaculture practices and ecological knowledge; (C) providing technical assistance to aquaculture farmers and businesses, including technical assistance that pertains to shellfish, algae, and land-based aquaculture systems, using the best available science; and (D) any other aspects of the implementation of this section. (2) Membership (A) In general The Committee shall be composed of 14 members, to be appointed by the Secretary, of whom— (i) 1 shall be a representative of the Department, who shall serve as chair of the Committee; (ii) 4 shall be individuals who are aquaculture producers who employ best practices and limit adverse effects that result from the operations of the aquaculture producers; (iii) 2 shall be representatives from an Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or from a Native Hawaiian organization (as such term is defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); (iv) 1 shall be a representative from a State or interstate commission; (v) 1 shall be a representative from an institution of higher education or extension program; (vi) 1 shall be an individual who represents a nonprofit organization, which may include a public health, environmental, or community organization; (vii) 1 shall be an individual who represents a relevant port, coastal, or working waterfront community; (viii) 1 shall be an individual with supply chain experience, which may include a food aggregator, wholesale food distributor, food hub, or an individual who has direct-to-consumer market experience; (ix) 1 shall be an individual with related experience or expertise in aquaculture production practices, as determined by the Secretary; and (x) 1 shall be an individual who represents aquaculture end users, including a chef, member of the food service industry, or grocer. (B) Initial appointments The Secretary shall appoint the members of the Committee not later than 180 days after the date of enactment of this section. (3) Period of appointment; vacancies (A) In general Except as provided in subparagraph (B), a member of the Committee shall be appointed for a term of 3 years. (B) Initial appointments Of the members first appointed to the Committee— (i) 5 of the members, as determined by the Secretary, shall be appointed for a term of 3 years; (ii) 5 of the members, as determined by the Secretary, shall be appointed for a term of 2 years; and (iii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 1 year. (C) Vacancies Any vacancy in the Committee— (i) shall not affect the powers of the Committee; and (ii) shall be filled as soon as practicable in the same manner as the original appointment. (D) Consecutive terms An initial appointee of the Committee may serve an additional consecutive term if the member is reappointed by the Secretary. (4) Meetings (A) Frequency The Committee shall meet not fewer than 3 times per year. (B) Initial meeting Not later than 180 days after the date on which the members are appointed under paragraph (2)(B), the Committee shall hold the first meeting of the Committee. (5) Duties (A) In general The Committee shall— (i) develop recommendations and advise the Director on aquaculture policies, initiatives, and outreach administered by the Office; (ii) evaluate and review ongoing research and extension activities relating to aquaculture practices; (iii) identify new and existing barriers to successful aquaculture practices; and (iv) provide additional assistance and advice to the Director as appropriate. (B) Reports Not later than 1 year after the date on which the Committee is established, and every 2 years thereafter through 2028, the Committee shall submit to the Secretary, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives, a report describing the recommendations developed under subparagraph (A). (6) Personnel matters (A) Compensation A member of the Committee shall serve without compensation. (B) Travel expenses A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (7) Termination (A) In general Subject to subparagraph (B), the Committee shall terminate on the date that is 5 years after the date on which the members are appointed under paragraph (2)(B). (B) Extensions Before the date on which the Committee terminates, the Secretary may renew the Committee for 1 or more 2-year periods. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2028.
18,075
[ "Agriculture Committee" ]
118hr6833ih
118
hr
6,833
ih
To amend the Internal Revenue Code of 1986 to improve and enhance the work opportunity tax credit, to encourage longer-service employment, and to modernize the credit to make it more effective as a hiring incentive for targeted workers, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Improve and Enhance the Work Opportunity Tax Credit Act.", "id": "H6945A73970674C08991E518484B19C4E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Improving and enhancing work opportunity tax credit \n(a) In general \nSection 51(a) of the Internal Revenue Code of 1986 is amended— (1) by striking shall be equal to 40 percent and all that follows and inserting the following: shall be equal to the sum of— (1) 50 percent of so much of the qualified first-year wages with respect to each individual for such year as does not exceed $6,000, plus (2) in the case of individuals who have performed at least 400 hours of service for the employer, 50 percent of so much of the qualified first-year wages with respect to each such individual for such year as exceeds $6,000, and does not exceed $12,000.. (b) Conforming amendments relating to limitation on wages taken into account for certain veterans \nSection 51(b)(3) of such Code is amended to read as follows: (3) Increased limitation on wages taken into account for veterans \nThe $6,000 and $12,000 amounts under paragraphs (1) and (2) of subsection (a) shall be increased to— (A) $12,000 and $24,000, respectively, in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(I), (B) $14,000 and $28,000, respectively, in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(iv), and (C) $24,000 and $48,000, respectively, in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(II).. (c) Conforming amendments relating to individuals not meeting minimum employment periods \n(1) Subparagraphs (A) and (B) of section 51(i)(3) of such Code are each amended by striking subsection (a) and inserting subsection (a)(1). (2) Section 51(i)(3)(A) of such Code is amended by striking 40 percent and inserting 50 percent. (d) Conforming amendments relating to treatment of summer youth employees \nSection 51(d)(7)(B) of such Code is amended— (1) by striking clause (ii), (2) by striking , and at the end of clause (i) and inserting a period, (3) by redesignating clause (i) (as so amended) as clause (iv), and (4) by inserting before such clause (iv) (as so redesignated) the following new clauses: (i) in lieu of the amount determined under subsection (a), the amount of the work opportunity credit determined under this section for the taxable year shall be equal to 40 percent of the qualified first-year wages for such year, (ii) in the case of an individual described in subsection (i)(3)(A), clause (i) shall be applied by substituting 25 percent for 40 percent , (iii) in the case of an individual described in subsection (i)(3)(B), no wages shall be taken into account under clause (i), (iv) the amount of qualified first-year wages which may be taken into account with respect to such individual shall not exceed $3,000 per year, and. (e) Conforming amendments relating to long-Term family assistance recipients \n(1) In general \nSection 51(e)(1) of such Code is amended by striking family assistance recipient— and all that follows and inserting the following: family assistance recipient, in lieu of subsection (a), the amount of the work opportunity credit determined under this section for the taxable year shall be equal to— (1) 40 percent of so much of the qualified first-year wages with respect to such individual for such year as does not exceed $10,000, and (2) 50 percent of so much of the qualified second-year wages with respect to such individual for such year as does not exceed $10,000.. (2) Clerical amendment \nThe heading for section 51(e) of such Code is amended by striking Credit for second-year wages and inserting Special rules for determining credit. (f) Effective date \nThe amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2023.", "id": "H1113F8C726C749EEB40D55D89DBB6EE8", "header": "Improving and enhancing work opportunity tax credit", "nested": [ { "text": "(a) In general \nSection 51(a) of the Internal Revenue Code of 1986 is amended— (1) by striking shall be equal to 40 percent and all that follows and inserting the following: shall be equal to the sum of— (1) 50 percent of so much of the qualified first-year wages with respect to each individual for such year as does not exceed $6,000, plus (2) in the case of individuals who have performed at least 400 hours of service for the employer, 50 percent of so much of the qualified first-year wages with respect to each such individual for such year as exceeds $6,000, and does not exceed $12,000..", "id": "H4E37545A37F640EA9EC24538946528EC", "header": "In general", "nested": [], "links": [ { "text": "Section 51(a)", "legal-doc": "usc", "parsable-cite": "usc/26/51" } ] }, { "text": "(b) Conforming amendments relating to limitation on wages taken into account for certain veterans \nSection 51(b)(3) of such Code is amended to read as follows: (3) Increased limitation on wages taken into account for veterans \nThe $6,000 and $12,000 amounts under paragraphs (1) and (2) of subsection (a) shall be increased to— (A) $12,000 and $24,000, respectively, in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(I), (B) $14,000 and $28,000, respectively, in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(iv), and (C) $24,000 and $48,000, respectively, in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(II)..", "id": "H048460917D014EC396817DD36431D937", "header": "Conforming amendments relating to limitation on wages taken into account for certain veterans", "nested": [], "links": [] }, { "text": "(c) Conforming amendments relating to individuals not meeting minimum employment periods \n(1) Subparagraphs (A) and (B) of section 51(i)(3) of such Code are each amended by striking subsection (a) and inserting subsection (a)(1). (2) Section 51(i)(3)(A) of such Code is amended by striking 40 percent and inserting 50 percent.", "id": "HDB36E82651144332AEE9CE70015B5258", "header": "Conforming amendments relating to individuals not meeting minimum employment periods", "nested": [], "links": [] }, { "text": "(d) Conforming amendments relating to treatment of summer youth employees \nSection 51(d)(7)(B) of such Code is amended— (1) by striking clause (ii), (2) by striking , and at the end of clause (i) and inserting a period, (3) by redesignating clause (i) (as so amended) as clause (iv), and (4) by inserting before such clause (iv) (as so redesignated) the following new clauses: (i) in lieu of the amount determined under subsection (a), the amount of the work opportunity credit determined under this section for the taxable year shall be equal to 40 percent of the qualified first-year wages for such year, (ii) in the case of an individual described in subsection (i)(3)(A), clause (i) shall be applied by substituting 25 percent for 40 percent , (iii) in the case of an individual described in subsection (i)(3)(B), no wages shall be taken into account under clause (i), (iv) the amount of qualified first-year wages which may be taken into account with respect to such individual shall not exceed $3,000 per year, and.", "id": "H8CE1F1F12D5245CA83E4BCE904773F3C", "header": "Conforming amendments relating to treatment of summer youth employees", "nested": [], "links": [] }, { "text": "(e) Conforming amendments relating to long-Term family assistance recipients \n(1) In general \nSection 51(e)(1) of such Code is amended by striking family assistance recipient— and all that follows and inserting the following: family assistance recipient, in lieu of subsection (a), the amount of the work opportunity credit determined under this section for the taxable year shall be equal to— (1) 40 percent of so much of the qualified first-year wages with respect to such individual for such year as does not exceed $10,000, and (2) 50 percent of so much of the qualified second-year wages with respect to such individual for such year as does not exceed $10,000.. (2) Clerical amendment \nThe heading for section 51(e) of such Code is amended by striking Credit for second-year wages and inserting Special rules for determining credit.", "id": "H0527B70659084D4BBEE4D809CD75F11F", "header": "Conforming amendments relating to long-Term family assistance recipients", "nested": [], "links": [] }, { "text": "(f) Effective date \nThe amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2023.", "id": "H61C86AA60592419DB05E1AF77C90F3BD", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 51(a)", "legal-doc": "usc", "parsable-cite": "usc/26/51" } ] }, { "text": "3. Removal of age limit for qualified supplemental nutrition assistance program benefits recipient \n(a) In general \nSection 51(d)(8)(A)(i) of the Internal Revenue Code of 1986 is amended by striking but not age 40. (b) Effective date \nThe amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2023.", "id": "H0025BDC1C5C94B9CAEDDB8F975135C04", "header": "Removal of age limit for qualified supplemental nutrition assistance program benefits recipient", "nested": [ { "text": "(a) In general \nSection 51(d)(8)(A)(i) of the Internal Revenue Code of 1986 is amended by striking but not age 40.", "id": "H063D06D82C2643B2A2D0D0DAA6E391E6", "header": "In general", "nested": [], "links": [ { "text": "Section 51(d)(8)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/26/51" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2023.", "id": "HAE7AFFEB4EEC4F218BEC19C28CF7C7C6", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 51(d)(8)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/26/51" } ] } ]
3
1. Short title This Act may be cited as the Improve and Enhance the Work Opportunity Tax Credit Act. 2. Improving and enhancing work opportunity tax credit (a) In general Section 51(a) of the Internal Revenue Code of 1986 is amended— (1) by striking shall be equal to 40 percent and all that follows and inserting the following: shall be equal to the sum of— (1) 50 percent of so much of the qualified first-year wages with respect to each individual for such year as does not exceed $6,000, plus (2) in the case of individuals who have performed at least 400 hours of service for the employer, 50 percent of so much of the qualified first-year wages with respect to each such individual for such year as exceeds $6,000, and does not exceed $12,000.. (b) Conforming amendments relating to limitation on wages taken into account for certain veterans Section 51(b)(3) of such Code is amended to read as follows: (3) Increased limitation on wages taken into account for veterans The $6,000 and $12,000 amounts under paragraphs (1) and (2) of subsection (a) shall be increased to— (A) $12,000 and $24,000, respectively, in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(I), (B) $14,000 and $28,000, respectively, in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(iv), and (C) $24,000 and $48,000, respectively, in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(II).. (c) Conforming amendments relating to individuals not meeting minimum employment periods (1) Subparagraphs (A) and (B) of section 51(i)(3) of such Code are each amended by striking subsection (a) and inserting subsection (a)(1). (2) Section 51(i)(3)(A) of such Code is amended by striking 40 percent and inserting 50 percent. (d) Conforming amendments relating to treatment of summer youth employees Section 51(d)(7)(B) of such Code is amended— (1) by striking clause (ii), (2) by striking , and at the end of clause (i) and inserting a period, (3) by redesignating clause (i) (as so amended) as clause (iv), and (4) by inserting before such clause (iv) (as so redesignated) the following new clauses: (i) in lieu of the amount determined under subsection (a), the amount of the work opportunity credit determined under this section for the taxable year shall be equal to 40 percent of the qualified first-year wages for such year, (ii) in the case of an individual described in subsection (i)(3)(A), clause (i) shall be applied by substituting 25 percent for 40 percent , (iii) in the case of an individual described in subsection (i)(3)(B), no wages shall be taken into account under clause (i), (iv) the amount of qualified first-year wages which may be taken into account with respect to such individual shall not exceed $3,000 per year, and. (e) Conforming amendments relating to long-Term family assistance recipients (1) In general Section 51(e)(1) of such Code is amended by striking family assistance recipient— and all that follows and inserting the following: family assistance recipient, in lieu of subsection (a), the amount of the work opportunity credit determined under this section for the taxable year shall be equal to— (1) 40 percent of so much of the qualified first-year wages with respect to such individual for such year as does not exceed $10,000, and (2) 50 percent of so much of the qualified second-year wages with respect to such individual for such year as does not exceed $10,000.. (2) Clerical amendment The heading for section 51(e) of such Code is amended by striking Credit for second-year wages and inserting Special rules for determining credit. (f) Effective date The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2023. 3. Removal of age limit for qualified supplemental nutrition assistance program benefits recipient (a) In general Section 51(d)(8)(A)(i) of the Internal Revenue Code of 1986 is amended by striking but not age 40. (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2023.
4,180
[ "Ways and Means Committee" ]
118hr286ih
118
hr
286
ih
To amend the Public Health Service Act to authorize grants to health care providers to enhance the physical and cyber security of their facilities, personnel, and patients.
[ { "text": "1. Short title \nThis Act may be cited as the Health Care Providers Safety Act of 2023.", "id": "H30455BF8557B4D1EB02AEF91534920C3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Grants to health care providers to enhance security \nPart P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) (as amended by Public Law 117–328 ) is amended by adding at the end the following: 399V–8. Grants to health care providers to enhance security \n(a) In general \nThe Secretary may award grants to health care providers to pay for security services and otherwise enhance the physical and cyber security of their facilities, personnel, and patients to ensure safe access. (b) Use of funds \nA health care provider receiving a grant under this section may use the grant to pay the costs of necessary security services and enhancements to physical access and cyber security, including video surveillance camera systems, data privacy enhancements, and structural improvements..", "id": "HDD74C583E26E4B118E9CF7FB8AA2B24D", "header": "Grants to health care providers to enhance security", "nested": [], "links": [ { "text": "42 U.S.C. 280g et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/280g" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "399V–8. Grants to health care providers to enhance security \n(a) In general \nThe Secretary may award grants to health care providers to pay for security services and otherwise enhance the physical and cyber security of their facilities, personnel, and patients to ensure safe access. (b) Use of funds \nA health care provider receiving a grant under this section may use the grant to pay the costs of necessary security services and enhancements to physical access and cyber security, including video surveillance camera systems, data privacy enhancements, and structural improvements.", "id": "H0FBC335CC238460A95A216D269A142A5", "header": "Grants to health care providers to enhance security", "nested": [ { "text": "(a) In general \nThe Secretary may award grants to health care providers to pay for security services and otherwise enhance the physical and cyber security of their facilities, personnel, and patients to ensure safe access.", "id": "H0DC96DAD8A714C29B9E0475BD77E3E92", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of funds \nA health care provider receiving a grant under this section may use the grant to pay the costs of necessary security services and enhancements to physical access and cyber security, including video surveillance camera systems, data privacy enhancements, and structural improvements.", "id": "HC8B7DD8651D448B1B00193EC6845E124", "header": "Use of funds", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Health Care Providers Safety Act of 2023. 2. Grants to health care providers to enhance security Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) (as amended by Public Law 117–328 ) is amended by adding at the end the following: 399V–8. Grants to health care providers to enhance security (a) In general The Secretary may award grants to health care providers to pay for security services and otherwise enhance the physical and cyber security of their facilities, personnel, and patients to ensure safe access. (b) Use of funds A health care provider receiving a grant under this section may use the grant to pay the costs of necessary security services and enhancements to physical access and cyber security, including video surveillance camera systems, data privacy enhancements, and structural improvements.. 399V–8. Grants to health care providers to enhance security (a) In general The Secretary may award grants to health care providers to pay for security services and otherwise enhance the physical and cyber security of their facilities, personnel, and patients to ensure safe access. (b) Use of funds A health care provider receiving a grant under this section may use the grant to pay the costs of necessary security services and enhancements to physical access and cyber security, including video surveillance camera systems, data privacy enhancements, and structural improvements.
1,476
[ "Energy and Commerce Committee" ]
118hr5156ih
118
hr
5,156
ih
To direct the Administrator of the Environmental Protection Agency to amend regulations relating to exemptions for engines and equipment for purposes of national security, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the First Responders’ Equipment Access Act.", "id": "HB321FE3592574525B42755078469AFB5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendment to regulations exempting engines/equipment for national security \nNot later than 90 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the regulations under section 1068.225(d) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)— (1) to authorize— (A) manufacturers and secondary engine manufacturers to request a national security exemption under such section 1068.225(d) for engines or equipment intended to be used by Federal, State, or local agencies for providing law enforcement, disaster relief, search and rescue, fire response, or emergency medical services; and (B) an agency of the Federal Government responsible for national defense and the Department of Homeland Security (including the Federal Emergency Management Agency) to endorse a request described in subparagraph (A); and (2) to specify that a request for a national security exemption described in paragraph (1)(A), and an endorsement of such a request described in paragraph (1)(B), is not required to specify a quantity of engines or equipment to be exempted in order to receive such an exemption.", "id": "H6D99C896A0004530BCC7F72273588EF5", "header": "Amendment to regulations exempting engines/equipment for national security", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the First Responders’ Equipment Access Act. 2. Amendment to regulations exempting engines/equipment for national security Not later than 90 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the regulations under section 1068.225(d) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)— (1) to authorize— (A) manufacturers and secondary engine manufacturers to request a national security exemption under such section 1068.225(d) for engines or equipment intended to be used by Federal, State, or local agencies for providing law enforcement, disaster relief, search and rescue, fire response, or emergency medical services; and (B) an agency of the Federal Government responsible for national defense and the Department of Homeland Security (including the Federal Emergency Management Agency) to endorse a request described in subparagraph (A); and (2) to specify that a request for a national security exemption described in paragraph (1)(A), and an endorsement of such a request described in paragraph (1)(B), is not required to specify a quantity of engines or equipment to be exempted in order to receive such an exemption.
1,275
[ "Energy and Commerce Committee" ]
118hr7752ih
118
hr
7,752
ih
To require employers to provide paid annual leave to employees, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Protected Time Off Act or the PTO Act.", "id": "H586A08E6D2E4482E8FBF251004332D33", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Commerce \nThe terms commerce and industry or activity affecting commerce means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include commerce and any industry affecting commerce , as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142(1) and (3)). (2) Employee \nThe term employee means an individual who is— (A) (i) an employee (as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ) who is not covered under any other provision of this paragraph, including an employee of the Library of Congress, except that a reference in such section to an employer shall be considered a reference to an employer described in paragraph (3)(A)(i)(I); (ii) an employee of the Government Accountability Office; or (iii) an employee of a covered employer described in paragraph (3)(B)(i)(IV); (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)), other than an applicant for employment; (C) a tipped employee, as defined in section 3(t) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(t) ), who is not covered under any other provision of this paragraph; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; (E) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), other than an applicant for employment; or (F) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (without regard to the limitation in section 6381(1)(B) of that title). (3) Employer \n(A) In general \nThe term employer means a person who is— (i) (I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). (B) Covered employer \n(i) In general \nIn subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 1 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year; (II) means the Government Accountability Office and the Library of Congress; (III) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer covered by this clause to any of the employees of such employer; and (bb) any successor in interest of such an employer; and (IV) includes any carrier (as such term is defined in section 1 of the Railway Labor Act ( 45 U.S.C. 151 )) and any carrier by air (as described in section 201 of such Act ( 45 U.S.C. 181 ). (ii) Public agency \nFor purposes of clause (i), a public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ), shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions \nFor the purposes of this subparagraph: (I) Employee \nThe term employee has the meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). (II) Person \nThe term person has the meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 ( 20 U.S.C. 203(a) ). (C) Predecessors \nAny reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (4) Paid annual leave \nThe term paid annual leave — (A) subject to subparagraph (B), means paid vacation leave, paid personal leave, paid annual leave (provided under this Act or otherwise), or any other form of paid leave provided to an employee by the employer of such employee to be used on days in which the employee would otherwise work and receive pay, and such days are exclusive of nonworkdays established by State or Federal law; and (B) does not include— (i) leave provided under the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 , et seq.); or (ii) any form of sick leave. (5) Rail carrier \nThe term rail carrier has the meaning given such term in section 10102 of title 49, United States Code. (6) Secretary \nUnless otherwise specified, the term Secretary means the Secretary of Labor. (7) Sick leave \nThe term sick leave means leave provided to an employee by the employer of such employee for reasons such as personal medical needs, family care or bereavement, care of a family member with a serious health condition, or adoption-related purposes, including leave required to be provided for such reasons under State or Federal law. (8) State \nThe term State has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ).", "id": "HF96ADA7A5D3644A5BEC5DB4C07BF9703", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 142(1)", "legal-doc": "usc", "parsable-cite": "usc/29/142" }, { "text": "29 U.S.C. 203(e)", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "29 U.S.C. 203(t)", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "2 U.S.C. 1301", "legal-doc": "usc", "parsable-cite": "usc/2/1301" }, { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" }, { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" }, { "text": "45 U.S.C. 151", "legal-doc": "usc", "parsable-cite": "usc/45/151" }, { "text": "45 U.S.C. 181", "legal-doc": "usc", "parsable-cite": "usc/45/181" }, { "text": "29 U.S.C. 203(x)", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "29 U.S.C. 203(e)", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "20 U.S.C. 203(a)", "legal-doc": "usc", "parsable-cite": "usc/20/203" }, { "text": "29 U.S.C. 2601", "legal-doc": "usc", "parsable-cite": "usc/29/2601" }, { "text": "29 U.S.C. 203", "legal-doc": "usc", "parsable-cite": "usc/29/203" } ] }, { "text": "3. Earned annual leave \n(a) Earning of paid annual leave \n(1) Earning of annual leave \nAn employer shall provide each employee employed by the employer not less than 1 hour of paid annual leave for every 25 hours worked. (2) Limit \nFor purposes of complying with paragraph (1), an employer shall not be required to provide more than 80 hours of paid annual leave to an employee during any 12-month period. (3) Commencement of earning paid annual leave \nAn employee shall begin to earn paid annual leave at the commencement of employment of such employee. (4) Overtime exempt employee \nFor purposes of this section, an employee who is exempt from overtime requirements under section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(1) ) shall be deemed to work 40 hours in each workweek. (b) Use of paid annual leave \n(1) In general \nPaid annual leave may be used by an employee for any reason. (2) Timing \nSubject to paragraphs (2) and (3) of subsection (c), an employee may use paid annual leave earned by the employee— (A) beginning on the 60th calendar day after the first date of employment of the employee; or (B) at any time before such calendar day at the discretion of the employer of such employee. (3) Rate of compensation \n(A) In general \nAn employee using paid annual leave shall be compensated, for the period that the employee is using such leave, at the same rate at which the employee would have been paid for such period if the employee were not using paid annual leave. (B) Tipped employee \nFor the purposes of subparagraph (A), with respect to a tipped employee, such an employee shall be compensated, for the period that such employee is using paid annual leave, at a rate equivalent to the Federal minimum wage, the applicable State minimum wage, or the applicable municipal minimum wage, whichever is higher. (4) Loaning of annual leave \n(A) Loaned leave \nAn employer may loan paid annual leave to an employee for use by such employee in advance of the employee earning such annual leave, including before the 60th calendar day after the first date of employment of the employee. (B) Reimbursement for loaned leave \nAn employer may require an employee of such employer to reimburse the employer for any annual leave loaned under subparagraph (A) that such employee has not earned at the time of separation. Such reimbursement will be at the rate described in paragraph (3). (c) Procedures for use of paid annual leave \n(1) In general \nSubject to paragraphs (2) and (3), an employee may use paid annual leave upon the verbal or written request of the employee. (2) Employee notification \n(A) In general \nAn employer may require an employee to provide notice to the employer to use paid annual leave. (B) Timing of notice \nAn employer may not require an employee to provide notice in excess of 2 weeks in advance of the use of such leave. (C) Emergency \nIn the case of an emergency or situation where an employee can not provide timely notice to an employer for the use of paid annual leave, the employer may except any notice requirement and allow the use of such leave. (3) Reasonable restrictions \nAn employer may place limited, reasonable restrictions regarding the scheduling of paid annual leave and may reject a scheduling request for such leave for a bona fide business reason, so long as the employer provides other reasonable alternative times for the employee to schedule such leave. (4) Purpose of use of paid annual leave \nAn employer may not require an employee to disclose the purpose or reason for which the employee is using paid annual leave. (5) Carryover \nAn employer shall permit an employee of such employer to use up to 40 hours of unused paid annual leave provided to the employee during a 12-month period during the following 12-month period. (6) Prohibition on finding cover \nAn employer may not require, as a condition of providing paid annual leave, that an employee search for or find a replacement employee to cover the hours during which the employee is using such annual leave. (d) Procedures regarding leave for employee separation \n(1) Reimbursement \nUpon an employee separating from an employer, the employer shall provide financial reimbursement, at the rate described in subsection (b)(3), to such employee for all unused paid annual leave of the employee. (2) Reinstatement \nIf an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer— (A) the employer shall reinstate the employee’s previously earned paid annual leave; and (B) the employee shall be entitled to use such leave and earn additional paid annual leave at the recommencement of employment with the employer.", "id": "HE0704B278FDA4A449F0E6154F693E8DA", "header": "Earned annual leave", "nested": [ { "text": "(a) Earning of paid annual leave \n(1) Earning of annual leave \nAn employer shall provide each employee employed by the employer not less than 1 hour of paid annual leave for every 25 hours worked. (2) Limit \nFor purposes of complying with paragraph (1), an employer shall not be required to provide more than 80 hours of paid annual leave to an employee during any 12-month period. (3) Commencement of earning paid annual leave \nAn employee shall begin to earn paid annual leave at the commencement of employment of such employee. (4) Overtime exempt employee \nFor purposes of this section, an employee who is exempt from overtime requirements under section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(1) ) shall be deemed to work 40 hours in each workweek.", "id": "H5DFB16DCCB294FB1BD4634F60F2A8FA7", "header": "Earning of paid annual leave", "nested": [], "links": [ { "text": "29 U.S.C. 213(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/213" } ] }, { "text": "(b) Use of paid annual leave \n(1) In general \nPaid annual leave may be used by an employee for any reason. (2) Timing \nSubject to paragraphs (2) and (3) of subsection (c), an employee may use paid annual leave earned by the employee— (A) beginning on the 60th calendar day after the first date of employment of the employee; or (B) at any time before such calendar day at the discretion of the employer of such employee. (3) Rate of compensation \n(A) In general \nAn employee using paid annual leave shall be compensated, for the period that the employee is using such leave, at the same rate at which the employee would have been paid for such period if the employee were not using paid annual leave. (B) Tipped employee \nFor the purposes of subparagraph (A), with respect to a tipped employee, such an employee shall be compensated, for the period that such employee is using paid annual leave, at a rate equivalent to the Federal minimum wage, the applicable State minimum wage, or the applicable municipal minimum wage, whichever is higher. (4) Loaning of annual leave \n(A) Loaned leave \nAn employer may loan paid annual leave to an employee for use by such employee in advance of the employee earning such annual leave, including before the 60th calendar day after the first date of employment of the employee. (B) Reimbursement for loaned leave \nAn employer may require an employee of such employer to reimburse the employer for any annual leave loaned under subparagraph (A) that such employee has not earned at the time of separation. Such reimbursement will be at the rate described in paragraph (3).", "id": "H6155B0B674FA4B4D875B392BE336CF98", "header": "Use of paid annual leave", "nested": [], "links": [] }, { "text": "(c) Procedures for use of paid annual leave \n(1) In general \nSubject to paragraphs (2) and (3), an employee may use paid annual leave upon the verbal or written request of the employee. (2) Employee notification \n(A) In general \nAn employer may require an employee to provide notice to the employer to use paid annual leave. (B) Timing of notice \nAn employer may not require an employee to provide notice in excess of 2 weeks in advance of the use of such leave. (C) Emergency \nIn the case of an emergency or situation where an employee can not provide timely notice to an employer for the use of paid annual leave, the employer may except any notice requirement and allow the use of such leave. (3) Reasonable restrictions \nAn employer may place limited, reasonable restrictions regarding the scheduling of paid annual leave and may reject a scheduling request for such leave for a bona fide business reason, so long as the employer provides other reasonable alternative times for the employee to schedule such leave. (4) Purpose of use of paid annual leave \nAn employer may not require an employee to disclose the purpose or reason for which the employee is using paid annual leave. (5) Carryover \nAn employer shall permit an employee of such employer to use up to 40 hours of unused paid annual leave provided to the employee during a 12-month period during the following 12-month period. (6) Prohibition on finding cover \nAn employer may not require, as a condition of providing paid annual leave, that an employee search for or find a replacement employee to cover the hours during which the employee is using such annual leave.", "id": "H4BBB701B890141008CDCEC7552BC441E", "header": "Procedures for use of paid annual leave", "nested": [], "links": [] }, { "text": "(d) Procedures regarding leave for employee separation \n(1) Reimbursement \nUpon an employee separating from an employer, the employer shall provide financial reimbursement, at the rate described in subsection (b)(3), to such employee for all unused paid annual leave of the employee. (2) Reinstatement \nIf an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer— (A) the employer shall reinstate the employee’s previously earned paid annual leave; and (B) the employee shall be entitled to use such leave and earn additional paid annual leave at the recommencement of employment with the employer.", "id": "H81AD5D57F63F42C9B1CE5FE1ECD0924A", "header": "Procedures regarding leave for employee separation", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 213(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/213" } ] }, { "text": "4. Notice requirements \n(a) Notice requirement \nAn employer shall notify each employee about the paid annual leave policy of such employer, which shall include the information described in subsection (b), by— (1) providing such information, in writing, to each employee on or before the first day of employment of such employee; (2) including such information in the employee handbook; and (3) posting a notice containing such information in a physical conspicuous place on the premises of the employer or a virtual conspicuous place, where notices to employees are customarily posted. (b) Contents \nThe information provided pursuant to subsection (a) shall include— (1) any paid annual leave policy of such employer, including any paid annual leave policy that provides paid annual leave in excess of the requirements of this Act; (2) information pertaining to the filing of an action under section 6; (3) details of any notice requirement the employer may require, as described in section 3(c)(2); (4) information regarding— (A) the protections that an employee has in exercising rights under this Act; and (B) how the employee can contact the Secretary (or other appropriate authority as described in section 6) if any such rights are violated.", "id": "H1D22FD057BE743AEB20312FDB6E7293C", "header": "Notice requirements", "nested": [ { "text": "(a) Notice requirement \nAn employer shall notify each employee about the paid annual leave policy of such employer, which shall include the information described in subsection (b), by— (1) providing such information, in writing, to each employee on or before the first day of employment of such employee; (2) including such information in the employee handbook; and (3) posting a notice containing such information in a physical conspicuous place on the premises of the employer or a virtual conspicuous place, where notices to employees are customarily posted.", "id": "HE6B1CEBD28BE4306B45BAA9ADF6A5F0B", "header": "Notice requirement", "nested": [], "links": [] }, { "text": "(b) Contents \nThe information provided pursuant to subsection (a) shall include— (1) any paid annual leave policy of such employer, including any paid annual leave policy that provides paid annual leave in excess of the requirements of this Act; (2) information pertaining to the filing of an action under section 6; (3) details of any notice requirement the employer may require, as described in section 3(c)(2); (4) information regarding— (A) the protections that an employee has in exercising rights under this Act; and (B) how the employee can contact the Secretary (or other appropriate authority as described in section 6) if any such rights are violated.", "id": "H7DF3475FB6F6465CBD6A09937907A521", "header": "Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Prohibited acts \n(a) Interference with rights \nIt shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this Act, including— (1) discharging or discriminating against (including retaliating against) any individual for exercising, including a job applicant, or attempting to exercise, any right provided under this Act; (2) using the taking of paid annual leave as a negative factor in an employment action, such as hiring, promotion, reducing hours or numbers of shifts, or a disciplinary action; or (3) counting paid annual leave under a no-fault attendance policy or any other absence-control policy. (b) Interference with proceedings or inquiries \nIt shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— (1) has filed an action under section 6, or has instituted or caused to be instituted any proceeding, under this Act; (2) has given, or intends to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or intends to testify, in any inquiry or proceeding relating to any right provided under this Act.", "id": "H0AEDA33CFEFC4047BDCB790A0600188E", "header": "Prohibited acts", "nested": [ { "text": "(a) Interference with rights \nIt shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this Act, including— (1) discharging or discriminating against (including retaliating against) any individual for exercising, including a job applicant, or attempting to exercise, any right provided under this Act; (2) using the taking of paid annual leave as a negative factor in an employment action, such as hiring, promotion, reducing hours or numbers of shifts, or a disciplinary action; or (3) counting paid annual leave under a no-fault attendance policy or any other absence-control policy.", "id": "H640A4BB886CC4A50B45B48219E2E0242", "header": "Interference with rights", "nested": [], "links": [] }, { "text": "(b) Interference with proceedings or inquiries \nIt shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— (1) has filed an action under section 6, or has instituted or caused to be instituted any proceeding, under this Act; (2) has given, or intends to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or intends to testify, in any inquiry or proceeding relating to any right provided under this Act.", "id": "H0F4CD26CFAA34FD9A880548E31A2C9C0", "header": "Interference with proceedings or inquiries", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Enforcement and investigative authority \n(a) In general \n(1) Definition \nIn this subsection— (A) the term employee means an employee described in subparagraph (A), (B), or (C) of section 2(2); and (B) the term employer means an employer described in subclauses (I) or (II) of section 2(3)(A)(i). (2) Investigative authority \n(A) In general \nTo ensure compliance with this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to subparagraph (C), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to employers, employees, and other individuals affected by an employer. (B) Obligation to keep and preserve records \nAn employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) and in accordance with regulations prescribed by the Secretary. (C) Required submissions generally limited to an annual basis \nThe Secretary may not require an employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to paragraph (4). (D) Subpoena authority \nFor the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (3) Private right of action \n(A) In general \nAn action to recover damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by an employee or individual or a representative for and on behalf of— (i) the employee or individual; or (ii) the employee or individual and others similarly situated. (B) Liability \nAny employer who violates section 5 (including a violation relating to rights provided under section 3) shall be liable to any employee or individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 80 hours of wages or salary for the employee or individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs \nThe court in an action under this subsection shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs to be paid by the defendant. (D) Limitations \n(i) In general \nExcept as provided in subparagraph (B), an action may be brought under paragraph (2) or (3) not more than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (ii) Willful violation \nIn the case of an action brought for a willful violation of section 5 (including a willful violation relating to rights provided under section 3), such action may be brought not more than 3 years after the last event constituting the alleged violation for which such action is brought. (iii) Commencement \nIn determining when an action is commenced under paragraph (2) or (3) for the purposes of this subsection, the action shall be considered to be commenced on the date when the complaint is filed. (4) Actions by the Secretary \n(A) Administrative actions \nThe Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 5 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (B) Civil action \nThe Secretary may bring an action in any court of competent jurisdiction to recover the damages described in subsection (a)(3)(B). (C) Sums recovered \nAny sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or individual affected. Any sums not paid to an employee or individual affected because of the inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (D) Action for injunction by Secretary \nThe district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (i) to restrain violations of section 5 (including a violation relating to rights provided under section 3), including the restraint of any withholding of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees or individuals eligible under this Act; or (ii) to award such other equitable relief as may be appropriate, including employment, reinstatements, and promotion. (E) Solicitor of Labor \nThe Solicitor of Labor may appear for an represent the Secretary on any litigation brought under this subsection. (b) Government Accountability Office and Library of Congress \nNotwithstanding any other provision of this section, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (c) Employees covered by Congressional Accountability Act of 1995 \nThe powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of section 202(a)(1) of that Act ( 2 U.S.C. 1312(a)(1) ) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(2)(D). (d) Employees covered by chapter 63 of title 5, United States Code \nThe powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(2)(E). (e) Remedies for State employees \n(1) Waiver of sovereign immunity \nA State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment of the Constitution or otherwise, to a suit brought by an employee of that program or activity under this Act for equitable, legal, or other relief authorized under this Act. (2) Official capacity \nAn official of a State may be sued in the official capacity of the official by any employee who has complied with the procedures of subsection (a)(3), for injunctive relief that is authorized under this Act. In such a suit, the court may to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 ). (3) Applicability \nWith respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (4) Program or activity defined \nIn this subsection, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ).", "id": "H4246B65D3E434668A1D0D48DF57E26D8", "header": "Enforcement and investigative authority", "nested": [ { "text": "(a) In general \n(1) Definition \nIn this subsection— (A) the term employee means an employee described in subparagraph (A), (B), or (C) of section 2(2); and (B) the term employer means an employer described in subclauses (I) or (II) of section 2(3)(A)(i). (2) Investigative authority \n(A) In general \nTo ensure compliance with this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to subparagraph (C), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to employers, employees, and other individuals affected by an employer. (B) Obligation to keep and preserve records \nAn employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) and in accordance with regulations prescribed by the Secretary. (C) Required submissions generally limited to an annual basis \nThe Secretary may not require an employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to paragraph (4). (D) Subpoena authority \nFor the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (3) Private right of action \n(A) In general \nAn action to recover damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by an employee or individual or a representative for and on behalf of— (i) the employee or individual; or (ii) the employee or individual and others similarly situated. (B) Liability \nAny employer who violates section 5 (including a violation relating to rights provided under section 3) shall be liable to any employee or individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 80 hours of wages or salary for the employee or individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs \nThe court in an action under this subsection shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs to be paid by the defendant. (D) Limitations \n(i) In general \nExcept as provided in subparagraph (B), an action may be brought under paragraph (2) or (3) not more than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (ii) Willful violation \nIn the case of an action brought for a willful violation of section 5 (including a willful violation relating to rights provided under section 3), such action may be brought not more than 3 years after the last event constituting the alleged violation for which such action is brought. (iii) Commencement \nIn determining when an action is commenced under paragraph (2) or (3) for the purposes of this subsection, the action shall be considered to be commenced on the date when the complaint is filed. (4) Actions by the Secretary \n(A) Administrative actions \nThe Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 5 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (B) Civil action \nThe Secretary may bring an action in any court of competent jurisdiction to recover the damages described in subsection (a)(3)(B). (C) Sums recovered \nAny sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or individual affected. Any sums not paid to an employee or individual affected because of the inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (D) Action for injunction by Secretary \nThe district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (i) to restrain violations of section 5 (including a violation relating to rights provided under section 3), including the restraint of any withholding of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees or individuals eligible under this Act; or (ii) to award such other equitable relief as may be appropriate, including employment, reinstatements, and promotion. (E) Solicitor of Labor \nThe Solicitor of Labor may appear for an represent the Secretary on any litigation brought under this subsection.", "id": "HAA461EC3FD3E4C7FA952A5C3555AA240", "header": "In general", "nested": [], "links": [ { "text": "29 U.S.C. 211(a)", "legal-doc": "usc", "parsable-cite": "usc/29/211" }, { "text": "29 U.S.C. 211(c)", "legal-doc": "usc", "parsable-cite": "usc/29/211" }, { "text": "29 U.S.C. 209", "legal-doc": "usc", "parsable-cite": "usc/29/209" } ] }, { "text": "(b) Government Accountability Office and Library of Congress \nNotwithstanding any other provision of this section, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress.", "id": "H6D010AA9011947E095F53786345247F2", "header": "Government Accountability Office and Library of Congress", "nested": [], "links": [] }, { "text": "(c) Employees covered by Congressional Accountability Act of 1995 \nThe powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of section 202(a)(1) of that Act ( 2 U.S.C. 1312(a)(1) ) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(2)(D).", "id": "H32D3CB7DF2874BDD957BB799A790D0BA", "header": "Employees covered by Congressional Accountability Act of 1995", "nested": [], "links": [ { "text": "2 U.S.C. 1301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/1301" }, { "text": "2 U.S.C. 1301", "legal-doc": "usc", "parsable-cite": "usc/2/1301" }, { "text": "2 U.S.C. 1312(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/2/1312" } ] }, { "text": "(d) Employees covered by chapter 63 of title 5, United States Code \nThe powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(2)(E).", "id": "H454C53D3D4704F5D9987ED9306E5FCCD", "header": "Employees covered by chapter 63 of title 5, United States Code", "nested": [], "links": [ { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" } ] }, { "text": "(e) Remedies for State employees \n(1) Waiver of sovereign immunity \nA State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment of the Constitution or otherwise, to a suit brought by an employee of that program or activity under this Act for equitable, legal, or other relief authorized under this Act. (2) Official capacity \nAn official of a State may be sued in the official capacity of the official by any employee who has complied with the procedures of subsection (a)(3), for injunctive relief that is authorized under this Act. In such a suit, the court may to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 ). (3) Applicability \nWith respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (4) Program or activity defined \nIn this subsection, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ).", "id": "H41F66640136C47AC9A0AFD00DBAED6A3", "header": "Remedies for State employees", "nested": [], "links": [ { "text": "42 U.S.C. 1988", "legal-doc": "usc", "parsable-cite": "usc/42/1988" }, { "text": "42 U.S.C. 2000d–4a", "legal-doc": "usc", "parsable-cite": "usc/42/2000d-4a" } ] } ], "links": [ { "text": "29 U.S.C. 211(a)", "legal-doc": "usc", "parsable-cite": "usc/29/211" }, { "text": "29 U.S.C. 211(c)", "legal-doc": "usc", "parsable-cite": "usc/29/211" }, { "text": "29 U.S.C. 209", "legal-doc": "usc", "parsable-cite": "usc/29/209" }, { "text": "2 U.S.C. 1301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/1301" }, { "text": "2 U.S.C. 1301", "legal-doc": "usc", "parsable-cite": "usc/2/1301" }, { "text": "2 U.S.C. 1312(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/2/1312" }, { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" }, { "text": "42 U.S.C. 1988", "legal-doc": "usc", "parsable-cite": "usc/42/1988" }, { "text": "42 U.S.C. 2000d–4a", "legal-doc": "usc", "parsable-cite": "usc/42/2000d-4a" } ] }, { "text": "7. Effect on existing employment benefits \n(a) More protective \nNothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid annual leave or other leave rights to employees or individuals than the rights established under this Act. (b) Less protective \nThe rights established for employees under this Act shall not be diminished by any contract, collective bargaining agreement, or any employment program or plan.", "id": "H51073C8FA5534FA5AA5A350027968EED", "header": "Effect on existing employment benefits", "nested": [ { "text": "(a) More protective \nNothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid annual leave or other leave rights to employees or individuals than the rights established under this Act.", "id": "HA3CE2D758A5C44B7A82B73015FC2C224", "header": "More protective", "nested": [], "links": [] }, { "text": "(b) Less protective \nThe rights established for employees under this Act shall not be diminished by any contract, collective bargaining agreement, or any employment program or plan.", "id": "H298935C297314140AD6EBCC774CE539A", "header": "Less protective", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Awareness campaign \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary shall carry out a public awareness campaign to inform the public about the earned annual leave entitlement established under this Act, which shall include information about— (1) the rights provided to an employee under this Act; and (2) resources available to an employee if the employee believes the rights provided under this act have been violated. (b) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "H9AB9F209E7F84866A7931F547294AF38", "header": "Awareness campaign", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary shall carry out a public awareness campaign to inform the public about the earned annual leave entitlement established under this Act, which shall include information about— (1) the rights provided to an employee under this Act; and (2) resources available to an employee if the employee believes the rights provided under this act have been violated.", "id": "H327326E78DEA40D6BAA84267974A0CB1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "H92994A08E8A04BB2808911FD969A7B03", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Effective dates \n(a) Effective date \nThis Act, and the amendment made by this Act, shall take effect 180 days after the date of enactment of this Act. (b) Collective bargaining agreements \nIn the case of a collective bargaining agreement in effect on the effective date prescribed under subsection (a), the Act shall take effect on the earlier of— (1) the date of the termination of such agreement; (2) the date of any amendment, made on or after such effective date, to such agreement; or (3) the date that occurs 18 months after such effective date.", "id": "HE6358A4DAAF74ED482C6598C7E30573B", "header": "Effective dates", "nested": [ { "text": "(a) Effective date \nThis Act, and the amendment made by this Act, shall take effect 180 days after the date of enactment of this Act.", "id": "H15E81E0A583D4D6A956F1C53745CC20E", "header": "Effective date", "nested": [], "links": [] }, { "text": "(b) Collective bargaining agreements \nIn the case of a collective bargaining agreement in effect on the effective date prescribed under subsection (a), the Act shall take effect on the earlier of— (1) the date of the termination of such agreement; (2) the date of any amendment, made on or after such effective date, to such agreement; or (3) the date that occurs 18 months after such effective date.", "id": "HC4907ADC388648FC843D1725F9C23BBA", "header": "Collective bargaining agreements", "nested": [], "links": [] } ], "links": [] } ]
9
1. Short title This Act may be cited as the Protected Time Off Act or the PTO Act. 2. Definitions In this Act: (1) Commerce The terms commerce and industry or activity affecting commerce means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include commerce and any industry affecting commerce , as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142(1) and (3)). (2) Employee The term employee means an individual who is— (A) (i) an employee (as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ) who is not covered under any other provision of this paragraph, including an employee of the Library of Congress, except that a reference in such section to an employer shall be considered a reference to an employer described in paragraph (3)(A)(i)(I); (ii) an employee of the Government Accountability Office; or (iii) an employee of a covered employer described in paragraph (3)(B)(i)(IV); (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)), other than an applicant for employment; (C) a tipped employee, as defined in section 3(t) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(t) ), who is not covered under any other provision of this paragraph; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; (E) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), other than an applicant for employment; or (F) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (without regard to the limitation in section 6381(1)(B) of that title). (3) Employer (A) In general The term employer means a person who is— (i) (I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 1 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year; (II) means the Government Accountability Office and the Library of Congress; (III) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer covered by this clause to any of the employees of such employer; and (bb) any successor in interest of such an employer; and (IV) includes any carrier (as such term is defined in section 1 of the Railway Labor Act ( 45 U.S.C. 151 )) and any carrier by air (as described in section 201 of such Act ( 45 U.S.C. 181 ). (ii) Public agency For purposes of clause (i), a public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ), shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For the purposes of this subparagraph: (I) Employee The term employee has the meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). (II) Person The term person has the meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 ( 20 U.S.C. 203(a) ). (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (4) Paid annual leave The term paid annual leave — (A) subject to subparagraph (B), means paid vacation leave, paid personal leave, paid annual leave (provided under this Act or otherwise), or any other form of paid leave provided to an employee by the employer of such employee to be used on days in which the employee would otherwise work and receive pay, and such days are exclusive of nonworkdays established by State or Federal law; and (B) does not include— (i) leave provided under the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 , et seq.); or (ii) any form of sick leave. (5) Rail carrier The term rail carrier has the meaning given such term in section 10102 of title 49, United States Code. (6) Secretary Unless otherwise specified, the term Secretary means the Secretary of Labor. (7) Sick leave The term sick leave means leave provided to an employee by the employer of such employee for reasons such as personal medical needs, family care or bereavement, care of a family member with a serious health condition, or adoption-related purposes, including leave required to be provided for such reasons under State or Federal law. (8) State The term State has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). 3. Earned annual leave (a) Earning of paid annual leave (1) Earning of annual leave An employer shall provide each employee employed by the employer not less than 1 hour of paid annual leave for every 25 hours worked. (2) Limit For purposes of complying with paragraph (1), an employer shall not be required to provide more than 80 hours of paid annual leave to an employee during any 12-month period. (3) Commencement of earning paid annual leave An employee shall begin to earn paid annual leave at the commencement of employment of such employee. (4) Overtime exempt employee For purposes of this section, an employee who is exempt from overtime requirements under section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(1) ) shall be deemed to work 40 hours in each workweek. (b) Use of paid annual leave (1) In general Paid annual leave may be used by an employee for any reason. (2) Timing Subject to paragraphs (2) and (3) of subsection (c), an employee may use paid annual leave earned by the employee— (A) beginning on the 60th calendar day after the first date of employment of the employee; or (B) at any time before such calendar day at the discretion of the employer of such employee. (3) Rate of compensation (A) In general An employee using paid annual leave shall be compensated, for the period that the employee is using such leave, at the same rate at which the employee would have been paid for such period if the employee were not using paid annual leave. (B) Tipped employee For the purposes of subparagraph (A), with respect to a tipped employee, such an employee shall be compensated, for the period that such employee is using paid annual leave, at a rate equivalent to the Federal minimum wage, the applicable State minimum wage, or the applicable municipal minimum wage, whichever is higher. (4) Loaning of annual leave (A) Loaned leave An employer may loan paid annual leave to an employee for use by such employee in advance of the employee earning such annual leave, including before the 60th calendar day after the first date of employment of the employee. (B) Reimbursement for loaned leave An employer may require an employee of such employer to reimburse the employer for any annual leave loaned under subparagraph (A) that such employee has not earned at the time of separation. Such reimbursement will be at the rate described in paragraph (3). (c) Procedures for use of paid annual leave (1) In general Subject to paragraphs (2) and (3), an employee may use paid annual leave upon the verbal or written request of the employee. (2) Employee notification (A) In general An employer may require an employee to provide notice to the employer to use paid annual leave. (B) Timing of notice An employer may not require an employee to provide notice in excess of 2 weeks in advance of the use of such leave. (C) Emergency In the case of an emergency or situation where an employee can not provide timely notice to an employer for the use of paid annual leave, the employer may except any notice requirement and allow the use of such leave. (3) Reasonable restrictions An employer may place limited, reasonable restrictions regarding the scheduling of paid annual leave and may reject a scheduling request for such leave for a bona fide business reason, so long as the employer provides other reasonable alternative times for the employee to schedule such leave. (4) Purpose of use of paid annual leave An employer may not require an employee to disclose the purpose or reason for which the employee is using paid annual leave. (5) Carryover An employer shall permit an employee of such employer to use up to 40 hours of unused paid annual leave provided to the employee during a 12-month period during the following 12-month period. (6) Prohibition on finding cover An employer may not require, as a condition of providing paid annual leave, that an employee search for or find a replacement employee to cover the hours during which the employee is using such annual leave. (d) Procedures regarding leave for employee separation (1) Reimbursement Upon an employee separating from an employer, the employer shall provide financial reimbursement, at the rate described in subsection (b)(3), to such employee for all unused paid annual leave of the employee. (2) Reinstatement If an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer— (A) the employer shall reinstate the employee’s previously earned paid annual leave; and (B) the employee shall be entitled to use such leave and earn additional paid annual leave at the recommencement of employment with the employer. 4. Notice requirements (a) Notice requirement An employer shall notify each employee about the paid annual leave policy of such employer, which shall include the information described in subsection (b), by— (1) providing such information, in writing, to each employee on or before the first day of employment of such employee; (2) including such information in the employee handbook; and (3) posting a notice containing such information in a physical conspicuous place on the premises of the employer or a virtual conspicuous place, where notices to employees are customarily posted. (b) Contents The information provided pursuant to subsection (a) shall include— (1) any paid annual leave policy of such employer, including any paid annual leave policy that provides paid annual leave in excess of the requirements of this Act; (2) information pertaining to the filing of an action under section 6; (3) details of any notice requirement the employer may require, as described in section 3(c)(2); (4) information regarding— (A) the protections that an employee has in exercising rights under this Act; and (B) how the employee can contact the Secretary (or other appropriate authority as described in section 6) if any such rights are violated. 5. Prohibited acts (a) Interference with rights It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this Act, including— (1) discharging or discriminating against (including retaliating against) any individual for exercising, including a job applicant, or attempting to exercise, any right provided under this Act; (2) using the taking of paid annual leave as a negative factor in an employment action, such as hiring, promotion, reducing hours or numbers of shifts, or a disciplinary action; or (3) counting paid annual leave under a no-fault attendance policy or any other absence-control policy. (b) Interference with proceedings or inquiries It shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— (1) has filed an action under section 6, or has instituted or caused to be instituted any proceeding, under this Act; (2) has given, or intends to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or intends to testify, in any inquiry or proceeding relating to any right provided under this Act. 6. Enforcement and investigative authority (a) In general (1) Definition In this subsection— (A) the term employee means an employee described in subparagraph (A), (B), or (C) of section 2(2); and (B) the term employer means an employer described in subclauses (I) or (II) of section 2(3)(A)(i). (2) Investigative authority (A) In general To ensure compliance with this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to subparagraph (C), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to employers, employees, and other individuals affected by an employer. (B) Obligation to keep and preserve records An employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) and in accordance with regulations prescribed by the Secretary. (C) Required submissions generally limited to an annual basis The Secretary may not require an employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to paragraph (4). (D) Subpoena authority For the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (3) Private right of action (A) In general An action to recover damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by an employee or individual or a representative for and on behalf of— (i) the employee or individual; or (ii) the employee or individual and others similarly situated. (B) Liability Any employer who violates section 5 (including a violation relating to rights provided under section 3) shall be liable to any employee or individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 80 hours of wages or salary for the employee or individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs The court in an action under this subsection shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs to be paid by the defendant. (D) Limitations (i) In general Except as provided in subparagraph (B), an action may be brought under paragraph (2) or (3) not more than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (ii) Willful violation In the case of an action brought for a willful violation of section 5 (including a willful violation relating to rights provided under section 3), such action may be brought not more than 3 years after the last event constituting the alleged violation for which such action is brought. (iii) Commencement In determining when an action is commenced under paragraph (2) or (3) for the purposes of this subsection, the action shall be considered to be commenced on the date when the complaint is filed. (4) Actions by the Secretary (A) Administrative actions The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 5 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (B) Civil action The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in subsection (a)(3)(B). (C) Sums recovered Any sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or individual affected. Any sums not paid to an employee or individual affected because of the inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (D) Action for injunction by Secretary The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (i) to restrain violations of section 5 (including a violation relating to rights provided under section 3), including the restraint of any withholding of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees or individuals eligible under this Act; or (ii) to award such other equitable relief as may be appropriate, including employment, reinstatements, and promotion. (E) Solicitor of Labor The Solicitor of Labor may appear for an represent the Secretary on any litigation brought under this subsection. (b) Government Accountability Office and Library of Congress Notwithstanding any other provision of this section, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (c) Employees covered by Congressional Accountability Act of 1995 The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of section 202(a)(1) of that Act ( 2 U.S.C. 1312(a)(1) ) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(2)(D). (d) Employees covered by chapter 63 of title 5, United States Code The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(2)(E). (e) Remedies for State employees (1) Waiver of sovereign immunity A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment of the Constitution or otherwise, to a suit brought by an employee of that program or activity under this Act for equitable, legal, or other relief authorized under this Act. (2) Official capacity An official of a State may be sued in the official capacity of the official by any employee who has complied with the procedures of subsection (a)(3), for injunctive relief that is authorized under this Act. In such a suit, the court may to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 ). (3) Applicability With respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (4) Program or activity defined In this subsection, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ). 7. Effect on existing employment benefits (a) More protective Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid annual leave or other leave rights to employees or individuals than the rights established under this Act. (b) Less protective The rights established for employees under this Act shall not be diminished by any contract, collective bargaining agreement, or any employment program or plan. 8. Awareness campaign (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall carry out a public awareness campaign to inform the public about the earned annual leave entitlement established under this Act, which shall include information about— (1) the rights provided to an employee under this Act; and (2) resources available to an employee if the employee believes the rights provided under this act have been violated. (b) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 9. Effective dates (a) Effective date This Act, and the amendment made by this Act, shall take effect 180 days after the date of enactment of this Act. (b) Collective bargaining agreements In the case of a collective bargaining agreement in effect on the effective date prescribed under subsection (a), the Act shall take effect on the earlier of— (1) the date of the termination of such agreement; (2) the date of any amendment, made on or after such effective date, to such agreement; or (3) the date that occurs 18 months after such effective date.
22,620
[ "Judiciary Committee", "Transportation and Infrastructure Committee", "Committee on House Administration", "Oversight and Accountability Committee", "Education and the Workforce Committee" ]
118hr6967ih
118
hr
6,967
ih
To require the Administrator of the Federal Aviation Administration to establish procedures and reporting requirements for incidents relating to unidentified anomalous phenomena, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Safe Airspace for Americans Act.", "id": "HDBD78EC432AF4AAFA6AA84C98CC2DF5A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Unidentified anomalous phenomena \n(a) In general \nNot later than 180 days after the enactment of this Act, the Administrator of the Federal Aviation Administration shall— (1) develop procedures to synchronize and standardize the collection, reporting, and analysis of incidents, including adverse physiological effects, or the disruption, interference, or interaction with flight instruments, potentially caused by an unidentified anomalous phenomena reported by civilian aircrew, air traffic controllers, flight attendants, aviation maintenance personnel, aviation dispatchers, air carriers or operators, and airports; (2) develop processes and procedures to ensure that such incidents are reported and stored in an appropriate manner that allows for the integration of analysis of such information; (3) establish procedures to provide employees of the Federal Aviation Administration the ability for timely and consistent reporting of such incidents that could reasonably be considered an unidentified anomalous phenomena; (4) develop processes and procedures to ensure the timely investigations of such incidents, including immediately archiving information or data, including pilot-controller communications as well as air traffic management system and radar data, that could be used to aid in such investigations; and (5) evaluate the threat that such incidents present to the safety of the national airspace system. (b) Coordination \nIn carrying out the requirements of this section, the Administrator shall coordinate with the heads of other departments and agencies of the Federal Government, as appropriate, including the Secretary of Defense, the Director of National Intelligence, the Administrator of the National Aeronautics and Space Administration, the Secretary of Homeland Security, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the National Science Foundation, and the Secretary of Energy. (c) All-domain Anomaly Resolution Office \nThe Administrator shall share the reports and all incident archived information and data submitted under this section with the All-domain Anomaly Resolution Office of the Department of Defense. (d) Prohibition against use of reports for enforcement purposes \nThe Administrator may not use reports submitted under this section (or information derived therefrom) in any enforcement action except information concerning accidents or criminal offenses. (e) Communications strategy \nNot later than 180 days after the date of enactment of this Act, the Administrator shall produce and implement a communications strategy to— (1) engage the public and publicize the reporting process described under subsection (a); and (2) decrease stigma towards individuals submitting information to the Administrator under this section. (f) Reporting system \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Administrator shall select whether reports submitted under this section shall be received through— (A) the Aviation Safety Reporting Program in effect as of the date of enactment of this Act; or (B) a new and separate system similar to such Program that is established to exclusively receive report of potential unidentified anomalous phenomena. (2) Consideration \nIf the Administrator makes a selection under paragraph (1)(A), not later than 1 year after the date of enactment of this Act, the Administrator shall consider whether to update the Aviation Safety Reporting Program reporting intake system to improve the capture information regarding whether a reported event could involve an unidentified anomalous phenomenon, and, if so, a mechanism for including description of the object subject to such report and the apparent kinematics of such object. (3) System requirement \nIf the Administrator makes a selection under paragraph (1)(B), the Administrator shall ensure the system includes the ability to provide a description of the object subject to such report and the apparent kinematics of such object. (4) Manner of submission \nThe Administrator shall include in the reporting system selected under this subsection the ability to submit such a report via an electronic flight bag if the Administrator determines that submitting via such flight bag can be done— (A) safely; and (B) without compromising pilots’ ability to aviate, navigate and communicate. (g) Protection of medical certificates \nThe spotting, visual witness, or reporting of unidentified anomalous phenomena shall not be taken into account for the purposes of evaluation of mental standards for issuing medical certificates for airmen and for remaining eligible for a medical certificate under part 67 of title 14, Code of Federal Regulations. (h) Protection of airmen certificates \nThe spotting, visual witness, or reporting of unidentified anomalous phenomena may not be taken into account for the purposes of evaluation of competency for issuing airmen certificates under section 44709 of title 49, United States Code. (i) Prohibition on reprisals for Federal employees and contractors \nAn employee of a department or agency of the Federal Government, or of a contractor, subcontractor, grantee, subgrantee, or personal services contractor of such a department or agency, who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, a personnel action, including the revocation or suspension of security clearances, or termination of employment, with respect to any individual as a reprisal for spotting, visually witnessing or reporting of unidentified anomalous phenomena. (j) Prohibition on reprisals for employees of air carriers or commercial operators \nAn air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations shall not— (1) take or fail to take, or threaten to take or fail to take, a personnel action, or termination of employment, with respect to any individual as a reprisal for spotting, visually witnessing or reporting of unidentified anomalous phenomena to the Administrator; or (2) issue a cease and desist letter to any individual or organization for spotting, visually witnessing, or reporting of unidentified anomalous phenomena to the Administrator. (k) Sense of Congress \nIt is the sense of Congress that— (1) all unidentified anomalous phenomena encounters by aviation personnel should be reported, particularly when such encounters involve a potential safety or national security concern; and (2) employers and governmental officials should take actions to reduce the stigma of reporting unidentified anomalous phenomena. (l) Definitions \nIn this Act: (1) Unidentified anomalous phenomena \nThe term unidentified anomalous phenomena means— (A) an airborne object that is not immediately identifiable; (B) a transmedium object or device; and (C) a submerged object or device that— (i) is not immediately identifiable; and (ii) displays behavior or performance characteristics suggesting that the object or device may be related to an object described in subparagraph (A). (2) Transmedium object or device \nThe term transmedium object or device means an object or device that is— (A) observed to transition between space and the atmosphere, or between the atmosphere and a body of water; and (B) not immediately identifiable.", "id": "H55628CA0B16942DFABACCBEB72B644C6", "header": "Unidentified anomalous phenomena", "nested": [ { "text": "(a) In general \nNot later than 180 days after the enactment of this Act, the Administrator of the Federal Aviation Administration shall— (1) develop procedures to synchronize and standardize the collection, reporting, and analysis of incidents, including adverse physiological effects, or the disruption, interference, or interaction with flight instruments, potentially caused by an unidentified anomalous phenomena reported by civilian aircrew, air traffic controllers, flight attendants, aviation maintenance personnel, aviation dispatchers, air carriers or operators, and airports; (2) develop processes and procedures to ensure that such incidents are reported and stored in an appropriate manner that allows for the integration of analysis of such information; (3) establish procedures to provide employees of the Federal Aviation Administration the ability for timely and consistent reporting of such incidents that could reasonably be considered an unidentified anomalous phenomena; (4) develop processes and procedures to ensure the timely investigations of such incidents, including immediately archiving information or data, including pilot-controller communications as well as air traffic management system and radar data, that could be used to aid in such investigations; and (5) evaluate the threat that such incidents present to the safety of the national airspace system.", "id": "H32E6B1DCC2AD4E7CBC7F43E4621ADFE3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Coordination \nIn carrying out the requirements of this section, the Administrator shall coordinate with the heads of other departments and agencies of the Federal Government, as appropriate, including the Secretary of Defense, the Director of National Intelligence, the Administrator of the National Aeronautics and Space Administration, the Secretary of Homeland Security, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the National Science Foundation, and the Secretary of Energy.", "id": "HAEDE619D5F334A41B07C9B6D66FCCBA7", "header": "Coordination", "nested": [], "links": [] }, { "text": "(c) All-domain Anomaly Resolution Office \nThe Administrator shall share the reports and all incident archived information and data submitted under this section with the All-domain Anomaly Resolution Office of the Department of Defense.", "id": "H20D7D2EE77A74D8BBBF0D8E0D2F43856", "header": "All-domain Anomaly Resolution Office", "nested": [], "links": [] }, { "text": "(d) Prohibition against use of reports for enforcement purposes \nThe Administrator may not use reports submitted under this section (or information derived therefrom) in any enforcement action except information concerning accidents or criminal offenses.", "id": "H21B8E4B2894D4B3D8B65E6C237FC6B27", "header": "Prohibition against use of reports for enforcement purposes", "nested": [], "links": [] }, { "text": "(e) Communications strategy \nNot later than 180 days after the date of enactment of this Act, the Administrator shall produce and implement a communications strategy to— (1) engage the public and publicize the reporting process described under subsection (a); and (2) decrease stigma towards individuals submitting information to the Administrator under this section.", "id": "H6273D832814142FEBE46673202278CF6", "header": "Communications strategy", "nested": [], "links": [] }, { "text": "(f) Reporting system \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Administrator shall select whether reports submitted under this section shall be received through— (A) the Aviation Safety Reporting Program in effect as of the date of enactment of this Act; or (B) a new and separate system similar to such Program that is established to exclusively receive report of potential unidentified anomalous phenomena. (2) Consideration \nIf the Administrator makes a selection under paragraph (1)(A), not later than 1 year after the date of enactment of this Act, the Administrator shall consider whether to update the Aviation Safety Reporting Program reporting intake system to improve the capture information regarding whether a reported event could involve an unidentified anomalous phenomenon, and, if so, a mechanism for including description of the object subject to such report and the apparent kinematics of such object. (3) System requirement \nIf the Administrator makes a selection under paragraph (1)(B), the Administrator shall ensure the system includes the ability to provide a description of the object subject to such report and the apparent kinematics of such object. (4) Manner of submission \nThe Administrator shall include in the reporting system selected under this subsection the ability to submit such a report via an electronic flight bag if the Administrator determines that submitting via such flight bag can be done— (A) safely; and (B) without compromising pilots’ ability to aviate, navigate and communicate.", "id": "HEF559F6934434C669CB3E49B4FB17421", "header": "Reporting system", "nested": [], "links": [] }, { "text": "(g) Protection of medical certificates \nThe spotting, visual witness, or reporting of unidentified anomalous phenomena shall not be taken into account for the purposes of evaluation of mental standards for issuing medical certificates for airmen and for remaining eligible for a medical certificate under part 67 of title 14, Code of Federal Regulations.", "id": "HB55ACAE4FE1146AA86D4AB992B7A2974", "header": "Protection of medical certificates", "nested": [], "links": [] }, { "text": "(h) Protection of airmen certificates \nThe spotting, visual witness, or reporting of unidentified anomalous phenomena may not be taken into account for the purposes of evaluation of competency for issuing airmen certificates under section 44709 of title 49, United States Code.", "id": "H3B2E7DB334F84611BDC48AA92504C4B2", "header": "Protection of airmen certificates", "nested": [], "links": [] }, { "text": "(i) Prohibition on reprisals for Federal employees and contractors \nAn employee of a department or agency of the Federal Government, or of a contractor, subcontractor, grantee, subgrantee, or personal services contractor of such a department or agency, who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, a personnel action, including the revocation or suspension of security clearances, or termination of employment, with respect to any individual as a reprisal for spotting, visually witnessing or reporting of unidentified anomalous phenomena.", "id": "HEBF6D326EF324E1CA37CA2A208851A17", "header": "Prohibition on reprisals for Federal employees and contractors", "nested": [], "links": [] }, { "text": "(j) Prohibition on reprisals for employees of air carriers or commercial operators \nAn air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations shall not— (1) take or fail to take, or threaten to take or fail to take, a personnel action, or termination of employment, with respect to any individual as a reprisal for spotting, visually witnessing or reporting of unidentified anomalous phenomena to the Administrator; or (2) issue a cease and desist letter to any individual or organization for spotting, visually witnessing, or reporting of unidentified anomalous phenomena to the Administrator.", "id": "HEC28077C0AA04ED592A90CA1F32CA486", "header": "Prohibition on reprisals for employees of air carriers or commercial operators", "nested": [], "links": [] }, { "text": "(k) Sense of Congress \nIt is the sense of Congress that— (1) all unidentified anomalous phenomena encounters by aviation personnel should be reported, particularly when such encounters involve a potential safety or national security concern; and (2) employers and governmental officials should take actions to reduce the stigma of reporting unidentified anomalous phenomena.", "id": "HD88BE649F9454483AA9FB40EAA913521", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(l) Definitions \nIn this Act: (1) Unidentified anomalous phenomena \nThe term unidentified anomalous phenomena means— (A) an airborne object that is not immediately identifiable; (B) a transmedium object or device; and (C) a submerged object or device that— (i) is not immediately identifiable; and (ii) displays behavior or performance characteristics suggesting that the object or device may be related to an object described in subparagraph (A). (2) Transmedium object or device \nThe term transmedium object or device means an object or device that is— (A) observed to transition between space and the atmosphere, or between the atmosphere and a body of water; and (B) not immediately identifiable.", "id": "HF148EFCE9EB34E20B54287AA53E41282", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Safe Airspace for Americans Act. 2. Unidentified anomalous phenomena (a) In general Not later than 180 days after the enactment of this Act, the Administrator of the Federal Aviation Administration shall— (1) develop procedures to synchronize and standardize the collection, reporting, and analysis of incidents, including adverse physiological effects, or the disruption, interference, or interaction with flight instruments, potentially caused by an unidentified anomalous phenomena reported by civilian aircrew, air traffic controllers, flight attendants, aviation maintenance personnel, aviation dispatchers, air carriers or operators, and airports; (2) develop processes and procedures to ensure that such incidents are reported and stored in an appropriate manner that allows for the integration of analysis of such information; (3) establish procedures to provide employees of the Federal Aviation Administration the ability for timely and consistent reporting of such incidents that could reasonably be considered an unidentified anomalous phenomena; (4) develop processes and procedures to ensure the timely investigations of such incidents, including immediately archiving information or data, including pilot-controller communications as well as air traffic management system and radar data, that could be used to aid in such investigations; and (5) evaluate the threat that such incidents present to the safety of the national airspace system. (b) Coordination In carrying out the requirements of this section, the Administrator shall coordinate with the heads of other departments and agencies of the Federal Government, as appropriate, including the Secretary of Defense, the Director of National Intelligence, the Administrator of the National Aeronautics and Space Administration, the Secretary of Homeland Security, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the National Science Foundation, and the Secretary of Energy. (c) All-domain Anomaly Resolution Office The Administrator shall share the reports and all incident archived information and data submitted under this section with the All-domain Anomaly Resolution Office of the Department of Defense. (d) Prohibition against use of reports for enforcement purposes The Administrator may not use reports submitted under this section (or information derived therefrom) in any enforcement action except information concerning accidents or criminal offenses. (e) Communications strategy Not later than 180 days after the date of enactment of this Act, the Administrator shall produce and implement a communications strategy to— (1) engage the public and publicize the reporting process described under subsection (a); and (2) decrease stigma towards individuals submitting information to the Administrator under this section. (f) Reporting system (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall select whether reports submitted under this section shall be received through— (A) the Aviation Safety Reporting Program in effect as of the date of enactment of this Act; or (B) a new and separate system similar to such Program that is established to exclusively receive report of potential unidentified anomalous phenomena. (2) Consideration If the Administrator makes a selection under paragraph (1)(A), not later than 1 year after the date of enactment of this Act, the Administrator shall consider whether to update the Aviation Safety Reporting Program reporting intake system to improve the capture information regarding whether a reported event could involve an unidentified anomalous phenomenon, and, if so, a mechanism for including description of the object subject to such report and the apparent kinematics of such object. (3) System requirement If the Administrator makes a selection under paragraph (1)(B), the Administrator shall ensure the system includes the ability to provide a description of the object subject to such report and the apparent kinematics of such object. (4) Manner of submission The Administrator shall include in the reporting system selected under this subsection the ability to submit such a report via an electronic flight bag if the Administrator determines that submitting via such flight bag can be done— (A) safely; and (B) without compromising pilots’ ability to aviate, navigate and communicate. (g) Protection of medical certificates The spotting, visual witness, or reporting of unidentified anomalous phenomena shall not be taken into account for the purposes of evaluation of mental standards for issuing medical certificates for airmen and for remaining eligible for a medical certificate under part 67 of title 14, Code of Federal Regulations. (h) Protection of airmen certificates The spotting, visual witness, or reporting of unidentified anomalous phenomena may not be taken into account for the purposes of evaluation of competency for issuing airmen certificates under section 44709 of title 49, United States Code. (i) Prohibition on reprisals for Federal employees and contractors An employee of a department or agency of the Federal Government, or of a contractor, subcontractor, grantee, subgrantee, or personal services contractor of such a department or agency, who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, a personnel action, including the revocation or suspension of security clearances, or termination of employment, with respect to any individual as a reprisal for spotting, visually witnessing or reporting of unidentified anomalous phenomena. (j) Prohibition on reprisals for employees of air carriers or commercial operators An air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations shall not— (1) take or fail to take, or threaten to take or fail to take, a personnel action, or termination of employment, with respect to any individual as a reprisal for spotting, visually witnessing or reporting of unidentified anomalous phenomena to the Administrator; or (2) issue a cease and desist letter to any individual or organization for spotting, visually witnessing, or reporting of unidentified anomalous phenomena to the Administrator. (k) Sense of Congress It is the sense of Congress that— (1) all unidentified anomalous phenomena encounters by aviation personnel should be reported, particularly when such encounters involve a potential safety or national security concern; and (2) employers and governmental officials should take actions to reduce the stigma of reporting unidentified anomalous phenomena. (l) Definitions In this Act: (1) Unidentified anomalous phenomena The term unidentified anomalous phenomena means— (A) an airborne object that is not immediately identifiable; (B) a transmedium object or device; and (C) a submerged object or device that— (i) is not immediately identifiable; and (ii) displays behavior or performance characteristics suggesting that the object or device may be related to an object described in subparagraph (A). (2) Transmedium object or device The term transmedium object or device means an object or device that is— (A) observed to transition between space and the atmosphere, or between the atmosphere and a body of water; and (B) not immediately identifiable.
7,495
[ "Transportation and Infrastructure Committee", "Oversight and Accountability Committee" ]
118hr3980ih
118
hr
3,980
ih
To formally establish within statute an independent scientific research and development agency known as the National Oceanic and Atmospheric Administration, and for other purposes.
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the National Oceanic and Atmospheric Administration Act of 2023. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Title I—National Oceanic and Atmospheric Administration Sec. 101. Establishment. Sec. 102. Functions of the Administrator. Sec. 103. Authority of the Administrator. Sec. 104. Science advisory board. Title II—General Provisions Sec. 201. Recommendations to Congress. Sec. 202. Conforming repeals. Sec. 203. Savings provision. Sec. 204. Reorganization plan. Sec. 205. National Weather Service. Sec. 206. Office of Space Commerce. Sec. 207. Study. Sec. 208. Effective date.", "id": "HA9668D68A0D34DB19530159CB5431487", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the National Oceanic and Atmospheric Administration Act of 2023.", "id": "H1A6D475CA6FC4F3BA1F17B877A94F523", "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. Purpose. Title I—National Oceanic and Atmospheric Administration Sec. 101. Establishment. Sec. 102. Functions of the Administrator. Sec. 103. Authority of the Administrator. Sec. 104. Science advisory board. Title II—General Provisions Sec. 201. Recommendations to Congress. Sec. 202. Conforming repeals. Sec. 203. Savings provision. Sec. 204. Reorganization plan. Sec. 205. National Weather Service. Sec. 206. Office of Space Commerce. Sec. 207. Study. Sec. 208. Effective date.", "id": "H4F17F30DB75444C081E90CB77D9A73BD", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Purpose \nThe purpose of this Act is to establish the National Oceanic and Atmospheric Administration as an independent scientific research and development agency with an overarching statutory framework that focuses on Earth system science, maintaining the Administration’s core mission and functions while allowing it to restructure and prioritize under an organic statute.", "id": "H0AA91436B3454F4CBCEAEBBC064F5593", "header": "Purpose", "nested": [], "links": [] }, { "text": "101. Establishment \n(a) Establishment \nThere is established in the executive branch an independent agency to be known as the National Oceanic and Atmospheric Administration (in this Act referred to as the Administration ). (b) Administrator \n(1) In general \nThe Administration shall be headed by an Administrator (in this Act referred to as the Administrator ), who shall be appointed by the President with the advice and consent of the Senate. The Administrator shall carry out the functions described in section 102 and, in the performance of those functions, shall have the authorities described in section 103. (2) Authority \nAny authority, power, or function vested by law in the National Oceanic and Atmospheric Administration, in the Under Secretary of Commerce for Oceans and Atmosphere, or in any officer, employee, or part of the National Oceanic and Atmospheric Administration, or vested by law in the Secretary of Commerce and delegated to the Under Secretary of Commerce for Oceans and Atmosphere, or their designee, is vested in, and may be exercised by, the Administrator or their designee, as appropriate. (3) References \nAny reference in law or regulation to the Under Secretary of Commerce for Oceans and Atmosphere shall be deemed to be a reference to the Administrator. (c) Positions \nThere shall be in the Administration the following: (1) A Deputy Administrator, to be appointed by the President with the advice and consent of the Senate, who shall carry out such duties as the Administrator may prescribe. (2) An Associate Administrator for Environmental Observation and Prediction, to be appointed by the President with the advice and consent of the Senate. (3) A Chief Scientist, to be appointed by the Administrator. (4) A General Counsel, to be appointed in accordance with section 5316 of title 5, United States Code.", "id": "H101CC59253BA4EE487794C60A6A41CBE", "header": "Establishment", "nested": [ { "text": "(a) Establishment \nThere is established in the executive branch an independent agency to be known as the National Oceanic and Atmospheric Administration (in this Act referred to as the Administration ).", "id": "HC9B57663517E4CE2A37B92350D09C257", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Administrator \n(1) In general \nThe Administration shall be headed by an Administrator (in this Act referred to as the Administrator ), who shall be appointed by the President with the advice and consent of the Senate. The Administrator shall carry out the functions described in section 102 and, in the performance of those functions, shall have the authorities described in section 103. (2) Authority \nAny authority, power, or function vested by law in the National Oceanic and Atmospheric Administration, in the Under Secretary of Commerce for Oceans and Atmosphere, or in any officer, employee, or part of the National Oceanic and Atmospheric Administration, or vested by law in the Secretary of Commerce and delegated to the Under Secretary of Commerce for Oceans and Atmosphere, or their designee, is vested in, and may be exercised by, the Administrator or their designee, as appropriate. (3) References \nAny reference in law or regulation to the Under Secretary of Commerce for Oceans and Atmosphere shall be deemed to be a reference to the Administrator.", "id": "H6F43FA7C73DD489DB5F89E6928F98449", "header": "Administrator", "nested": [], "links": [] }, { "text": "(c) Positions \nThere shall be in the Administration the following: (1) A Deputy Administrator, to be appointed by the President with the advice and consent of the Senate, who shall carry out such duties as the Administrator may prescribe. (2) An Associate Administrator for Environmental Observation and Prediction, to be appointed by the President with the advice and consent of the Senate. (3) A Chief Scientist, to be appointed by the Administrator. (4) A General Counsel, to be appointed in accordance with section 5316 of title 5, United States Code.", "id": "HE94781D1CAD843549D886ED811699A4D", "header": "Positions", "nested": [], "links": [] } ], "links": [] }, { "text": "102. Functions of the Administrator \nThe Administrator shall— (1) plan, direct, and conduct— (A) atmospheric, oceanic, hydrologic, Great Lakes, coastal, geodetic, geomagnetic, biological, and social science and research, including monitoring, analyses, education, research to operations, and operations to research; (B) Earth observations and space physics operations, which include space-based observations of the earth and sun; (C) ocean exploration, mapping, and characterization; (D) atmospheric, terrestrial and space weather, climate, oceanic, hydrologic, Great Lakes, and coastal forecasting; (E) conservation, management, and protection of oceanic, hydrologic, Great Lakes, and coastal resources, and science, research, and analysis related to such resources; (F) oceanic, hydrologic, Great Lakes, and coastal response and restoration; (G) education, outreach, and associated activities; (H) other areas of research related to the preceding items as determined appropriate by the Administrator; and (I) enforcement of any other provision of Federal law that assigns enforcement authority to the Administration; (2) support the widest practicable participation by the scientific community, including participants in the private sector, academia, Federal, State, local, Tribal, and territorial governmental entities, Indigenous peoples, and other appropriate domestic and foreign governmental and non-governmental entities, in carrying out the activities described in paragraph (1), including through the acceptance by the Administration of private resources, which may include data, models, vessels, aircraft, satellites, buoys, and other related infrastructure, to carry out such activities; (3) provide for full and open public dissemination of information regarding activities, initiatives, methods, data, and results of the Administration, as appropriate, and in compliance with applicable law, including the acquisition of commercially sourced data; and (4) establish and promote an inclusive culture of scientific excellence and integrity.", "id": "HEBB806AE00474161913B838FDB40BDAF", "header": "Functions of the Administrator", "nested": [], "links": [] }, { "text": "103. Authority of the Administrator \n(a) Officers and employees \nThe Administrator, in accordance with title 5, United States Code, may appoint and fix the compensation of such officers and employees as the Administrator determines appropriate, within the regulations and guidelines established by the Office of Personnel Management. (b) Property \nThe Administrator may— (1) procure, acquire, construct, improve, repair, operate, and maintain such laboratories, research and testing sites and facilities, equipment, vessels, aircraft, buoys, satellites, surface observing sites, other similar infrastructure, autonomous or unmanned vehicles, and office and educational facilities as the Administrator deems necessary; (2) lease real and personal property; (3) sell and otherwise dispose of real and personal property and reinvest any proceeds from such sale or disposition of property into recapitalization of property; and (4) provide by contract or otherwise for necessary amenities for the welfare of employees and maintenance of property of the Administration. (c) Gifts \nThe Administrator may accept gifts or donations of services for the benefit of the agency, including money or property, whether real, personal, or mixed, and whether tangible or intangible. (d) Contracts, leases, and agreements \nThe Administrator may enter into and perform such contracts, leases, agreements (including cooperative agreements), or other transactions as may be necessary in the conduct of the work of the Administration. (e) Cooperation with Federal agencies and others \nThe Administrator— (1) may use the services, equipment, personnel, land, and facilities of Federal, State, local, Tribal, and territorial governmental entities, Indigenous peoples, and other appropriate domestic and foreign governmental and non-governmental entities, with consent and with or without reimbursement; and (2) shall cooperate with such entities to permit their use of Administration services, equipment, land, and facilities in a manner consistent with the Administration’s mission. (f) International cooperation \nThe Administration, under the foreign policy guidance of the President, may engage in a program of international cooperation in work done pursuant to the Act, and in the peaceful application of the results thereof, pursuant to agreements made by the President with the advice and consent of the Senate. (g) Advisory committees \nThe Administrator may appoint such advisory committees as the Administrator considers appropriate to provide consultation and advice. (h) Offices and procedures \nThe Administrator may establish within the Administration such offices and procedures as may be appropriate to provide for the greatest possible coordination of its activities with related public and private agencies and entities.", "id": "H77E43E94F3014B729224D76B1B55F2F4", "header": "Authority of the Administrator", "nested": [ { "text": "(a) Officers and employees \nThe Administrator, in accordance with title 5, United States Code, may appoint and fix the compensation of such officers and employees as the Administrator determines appropriate, within the regulations and guidelines established by the Office of Personnel Management.", "id": "HFA21B08AC98F44F890F7E0F48034A773", "header": "Officers and employees", "nested": [], "links": [] }, { "text": "(b) Property \nThe Administrator may— (1) procure, acquire, construct, improve, repair, operate, and maintain such laboratories, research and testing sites and facilities, equipment, vessels, aircraft, buoys, satellites, surface observing sites, other similar infrastructure, autonomous or unmanned vehicles, and office and educational facilities as the Administrator deems necessary; (2) lease real and personal property; (3) sell and otherwise dispose of real and personal property and reinvest any proceeds from such sale or disposition of property into recapitalization of property; and (4) provide by contract or otherwise for necessary amenities for the welfare of employees and maintenance of property of the Administration.", "id": "H2E10C8070E5447B4BCBB9373E11167C3", "header": "Property", "nested": [], "links": [] }, { "text": "(c) Gifts \nThe Administrator may accept gifts or donations of services for the benefit of the agency, including money or property, whether real, personal, or mixed, and whether tangible or intangible.", "id": "H6C45BC6EE7214CFBAFA43D4D681673A4", "header": "Gifts", "nested": [], "links": [] }, { "text": "(d) Contracts, leases, and agreements \nThe Administrator may enter into and perform such contracts, leases, agreements (including cooperative agreements), or other transactions as may be necessary in the conduct of the work of the Administration.", "id": "HFB0030C2D51244F2BFAA7C751D269CF4", "header": "Contracts, leases, and agreements", "nested": [], "links": [] }, { "text": "(e) Cooperation with Federal agencies and others \nThe Administrator— (1) may use the services, equipment, personnel, land, and facilities of Federal, State, local, Tribal, and territorial governmental entities, Indigenous peoples, and other appropriate domestic and foreign governmental and non-governmental entities, with consent and with or without reimbursement; and (2) shall cooperate with such entities to permit their use of Administration services, equipment, land, and facilities in a manner consistent with the Administration’s mission.", "id": "HAFDB4A9C96DD427798FA0C02F2D65A21", "header": "Cooperation with Federal agencies and others", "nested": [], "links": [] }, { "text": "(f) International cooperation \nThe Administration, under the foreign policy guidance of the President, may engage in a program of international cooperation in work done pursuant to the Act, and in the peaceful application of the results thereof, pursuant to agreements made by the President with the advice and consent of the Senate.", "id": "HF2FBBD1F16C14948B4B22AE8964205CC", "header": "International cooperation", "nested": [], "links": [] }, { "text": "(g) Advisory committees \nThe Administrator may appoint such advisory committees as the Administrator considers appropriate to provide consultation and advice.", "id": "HBE58F974F9084435A30BF747FC9AD9BE", "header": "Advisory committees", "nested": [], "links": [] }, { "text": "(h) Offices and procedures \nThe Administrator may establish within the Administration such offices and procedures as may be appropriate to provide for the greatest possible coordination of its activities with related public and private agencies and entities.", "id": "HFF74A01DA7F54841BDE1CEEDBE2E0286", "header": "Offices and procedures", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Science advisory board \n(a) In general \nThere shall be within the Administration a Science Advisory Board, which shall provide such scientific advice as may be requested by the Administrator, the Committee on Science, Space, and Technology of the House of Representatives, or the Committee on Commerce, Science, and Transportation of the Senate. (b) Purpose \nThe purpose of the Science Advisory Board is to advise the Administrator and Congress on long-range and short-range strategies for research, education, and the application of science to resource management and environmental assessment, observation, and prediction. (c) Members \n(1) In general \nThe Science Advisory Board shall be composed of at least 15 members appointed by the Administrator. Each member of the Board shall be qualified by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section. (2) Terms of service \nMembers shall be appointed for 3-year terms, renewable once, and shall serve at the discretion of the Administrator. An individual serving a term as a member of the Science Advisory Board on the date of enactment of this Act may complete that term, and may be reappointed once for another term of 3 years unless the term being served on such date of enactment is the second term served by that individual. Vacancy appointments shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may subsequently be appointed for 2 full 3-year terms if the remainder of the unexpired term is less than 1 year. (3) Chairperson \nThe Administrator shall designate a chairperson from among the members of the Board. (4) Appointment \nMembers of the Science Advisory Board shall be appointed as special Government employees, within the meaning given such term in section 202(a) of title 18, United States Code. (d) Administrative provisions \n(1) Administrative support \nThe Administrator shall provide administrative support to the Science Advisory Board. (2) Meetings \nThe Science Advisory Board shall meet at least twice each year, and at other times at the call of the Administrator or the Chairperson. (3) Compensation and expenses \nA member of the Science Advisory Board shall not be compensated for service on such board, but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (4) Subcommittees \nThe Science Advisory Board may establish such subcommittees of its members as may be necessary. The Science Advisory Board may establish task forces and working groups consisting of Board members and outside experts as may be necessary. (e) Expiration \nSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Science Advisory Board. (f) Strategic plan for research and development \nNot later than 1 year after the date of enactment of this Act, and once every 5 years thereafter, the Administrator shall consult with the Science Advisory board to develop a strategic plan for research and development at the Administration. The plan shall include— (1) an assessment of the science and technology needs of the Administration based on the Administration’s operational requirements and on input provided by external stakeholders at the national, regional, State, and local levels; and (2) a strategic plan that assigns specific programs within the Administration the responsibility to meet each need identified under paragraph (1) and that describes the extent to which each need identified in paragraph (1) will be addressed through— (A) intramural research; (B) extramural, peer-reviewed, competitive grant programs; and (C) work done in cooperation with other Federal agencies. (g) National academy of sciences review \nThe Administrator shall enter into an arrangement with the National Academy of Sciences for a review of the plan developed under subsection (f). (h) Transmittal to congress \nNot later than 18 months after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the initial strategic plan developed under subsection (f) and the review prepared pursuant to subsection (g). Subsequent strategic plans developed under subsection (f) shall also be transmitted to those committees upon completion.", "id": "H027FAB6EE60444838E23A81F85D68891", "header": "Science advisory board", "nested": [ { "text": "(a) In general \nThere shall be within the Administration a Science Advisory Board, which shall provide such scientific advice as may be requested by the Administrator, the Committee on Science, Space, and Technology of the House of Representatives, or the Committee on Commerce, Science, and Transportation of the Senate.", "id": "HCFCD8B644B8B443DB727F262ABC875B0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe purpose of the Science Advisory Board is to advise the Administrator and Congress on long-range and short-range strategies for research, education, and the application of science to resource management and environmental assessment, observation, and prediction.", "id": "HBA765BE8DA804897BB49E545A678AB3F", "header": "Purpose", "nested": [], "links": [] }, { "text": "(c) Members \n(1) In general \nThe Science Advisory Board shall be composed of at least 15 members appointed by the Administrator. Each member of the Board shall be qualified by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section. (2) Terms of service \nMembers shall be appointed for 3-year terms, renewable once, and shall serve at the discretion of the Administrator. An individual serving a term as a member of the Science Advisory Board on the date of enactment of this Act may complete that term, and may be reappointed once for another term of 3 years unless the term being served on such date of enactment is the second term served by that individual. Vacancy appointments shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may subsequently be appointed for 2 full 3-year terms if the remainder of the unexpired term is less than 1 year. (3) Chairperson \nThe Administrator shall designate a chairperson from among the members of the Board. (4) Appointment \nMembers of the Science Advisory Board shall be appointed as special Government employees, within the meaning given such term in section 202(a) of title 18, United States Code.", "id": "H8E1C8BAE28D642AAA7FFAA48BB4DF32F", "header": "Members", "nested": [], "links": [] }, { "text": "(d) Administrative provisions \n(1) Administrative support \nThe Administrator shall provide administrative support to the Science Advisory Board. (2) Meetings \nThe Science Advisory Board shall meet at least twice each year, and at other times at the call of the Administrator or the Chairperson. (3) Compensation and expenses \nA member of the Science Advisory Board shall not be compensated for service on such board, but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (4) Subcommittees \nThe Science Advisory Board may establish such subcommittees of its members as may be necessary. The Science Advisory Board may establish task forces and working groups consisting of Board members and outside experts as may be necessary.", "id": "HD0EF1DECA1F342B49238B207918317B6", "header": "Administrative provisions", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(e) Expiration \nSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Science Advisory Board.", "id": "HF55F6D9E4BAA4FC99A433A3E3D72780C", "header": "Expiration", "nested": [], "links": [] }, { "text": "(f) Strategic plan for research and development \nNot later than 1 year after the date of enactment of this Act, and once every 5 years thereafter, the Administrator shall consult with the Science Advisory board to develop a strategic plan for research and development at the Administration. The plan shall include— (1) an assessment of the science and technology needs of the Administration based on the Administration’s operational requirements and on input provided by external stakeholders at the national, regional, State, and local levels; and (2) a strategic plan that assigns specific programs within the Administration the responsibility to meet each need identified under paragraph (1) and that describes the extent to which each need identified in paragraph (1) will be addressed through— (A) intramural research; (B) extramural, peer-reviewed, competitive grant programs; and (C) work done in cooperation with other Federal agencies.", "id": "H987B33E7BB6B497FBD74EEF8F635E242", "header": "Strategic plan for research and development", "nested": [], "links": [] }, { "text": "(g) National academy of sciences review \nThe Administrator shall enter into an arrangement with the National Academy of Sciences for a review of the plan developed under subsection (f).", "id": "HC3CFE1C71C20401A9F8A905EB40D745A", "header": "National academy of sciences review", "nested": [], "links": [] }, { "text": "(h) Transmittal to congress \nNot later than 18 months after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the initial strategic plan developed under subsection (f) and the review prepared pursuant to subsection (g). Subsequent strategic plans developed under subsection (f) shall also be transmitted to those committees upon completion.", "id": "H26AA324002E34686BE6D0CD1876F35E3", "header": "Transmittal to congress", "nested": [], "links": [] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "201. Recommendations to Congress \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, and at any appropriate time thereafter, the Administrator shall provide to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Natural Resources of the House of Representatives recommendations for technical, conforming, or other amendments necessary— (1) to assist the transition of the Administration to an independent agency; or (2) to further the policy and purpose of this Act. (b) Consultation \nIn developing any recommendations pursuant to subsection (a), the Administrator shall consult with the Office of the Law Revision Counsel of the House of Representatives.", "id": "H6B4551C0912543179E99877CBB9B0AA4", "header": "Recommendations to Congress", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of the enactment of this Act, and at any appropriate time thereafter, the Administrator shall provide to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Natural Resources of the House of Representatives recommendations for technical, conforming, or other amendments necessary— (1) to assist the transition of the Administration to an independent agency; or (2) to further the policy and purpose of this Act.", "id": "HE630C005084945B9A543D6F81458F3BE", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Consultation \nIn developing any recommendations pursuant to subsection (a), the Administrator shall consult with the Office of the Law Revision Counsel of the House of Representatives.", "id": "H2C9A785A5DA14F03BEEB670EA48239D3", "header": "Consultation", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Conforming repeals \n(a) Effect of reorganization plan \nReorganization Plan No. 4 of 1970 shall have no further force and effect. (b) NOAA officers \nSubsections (a) and (b) of section 407 of Public Law 99–659 ( 15 U.S.C. 1503b ; 1507c) are hereby repealed.", "id": "HE78D6526287F4490AB07A646E0027527", "header": "Conforming repeals", "nested": [ { "text": "(a) Effect of reorganization plan \nReorganization Plan No. 4 of 1970 shall have no further force and effect.", "id": "H87BAF25706EC4B46876171BD12BFA0BB", "header": "Effect of reorganization plan", "nested": [], "links": [] }, { "text": "(b) NOAA officers \nSubsections (a) and (b) of section 407 of Public Law 99–659 ( 15 U.S.C. 1503b ; 1507c) are hereby repealed.", "id": "HDC0E0446A584414D9DC7D62C0C486DEF", "header": "NOAA officers", "nested": [], "links": [ { "text": "Public Law 99–659", "legal-doc": "public-law", "parsable-cite": "pl/99/659" }, { "text": "15 U.S.C. 1503b", "legal-doc": "usc", "parsable-cite": "usc/15/1503b" } ] } ], "links": [ { "text": "Public Law 99–659", "legal-doc": "public-law", "parsable-cite": "pl/99/659" }, { "text": "15 U.S.C. 1503b", "legal-doc": "usc", "parsable-cite": "usc/15/1503b" } ] }, { "text": "203. Savings provision \n(a) Existing requirements \nAll rules and regulations, determinations, standards, policies, agreements, contracts, including collective bargaining agreements, certifications, authorizations, appointments, delegations of authority, results and findings of investigations, and other decisions or actions duly issued, made, or taken pursuant to or under the authority of any statute or executive order which resulted in the assignment of functions or activities to the National Oceanic and Atmospheric Administration, the Under Secretary of Commerce for Oceans and Atmosphere, or to any officer, employee, or part of the National Oceanic and Atmospheric Administration, or to the Secretary of Commerce and delegated to the Under Secretary of Commerce for Oceans and Atmosphere, or their designee, that are in effect immediately before the date of enactment of this Act shall continue in full force and effect after the effective date of this Act until modified or rescinded. (b) Suits, appeals, judgments \nIn the case of any action or proceeding relating to the functions or activities described in subsection (a) pending on the date of enactment of this Act, the rights of the parties at issue in such proceeding shall, to the maximum extent practicable, be undisturbed by this Act. For purposes of any such action or proceeding, the provisions of Reorganization Plan No. 4 of 1970 and subsections (a) and (b) of section 407 of Public Law 99–659 as in effect on the day before such date of enactment shall apply. (c) Discussion of research \nNothing in this Act shall be construed to limit the ability of an Administration employee to discuss scientific research performed by that employee in accordance with the Administration’s scientific integrity policies. (d) Existing authorities under law \nNothing in this Act shall be construed to modify any authority under law existing immediately before the date of enactment of this Act, except as explicitly provided herein, including by— (1) altering the responsibilities or authorities of any other Federal agency; (2) authorizing or prohibiting the transfer of any program, function, or project from other Federal agencies to the Administration; or (3) expanding, modifying, or superseding any existing regulatory or other authority of the Administration. (e) Authorities with respect to public buildings \n(1) In general \nNothing in this Act shall be construed to grant the Administrator any authority to construct, alter, repair, or acquire by any means a public building (as defined in section 3301 of title 40, United States Code) or to grant any authority to lease general purpose office or storage space in any building. (2) Interaction with other similar authorities \nNothing in this Act shall be construed to diminish any authority the Administrator has immediately before the date of enactment of this Act to construct, alter, repair, or acquire by any means a public building (as defined in section 3301 of title 40, United States Code) or to diminish any authority the Administrator has immediately before the date of enactment of this Act to lease general purpose office or storage space in any building (regardless of whether those authorities are derived from laws, executive orders, rules, regulations, or delegations of authority from the Secretary of Commerce).", "id": "H96CF6DD544364F90B23A0B3267250373", "header": "Savings provision", "nested": [ { "text": "(a) Existing requirements \nAll rules and regulations, determinations, standards, policies, agreements, contracts, including collective bargaining agreements, certifications, authorizations, appointments, delegations of authority, results and findings of investigations, and other decisions or actions duly issued, made, or taken pursuant to or under the authority of any statute or executive order which resulted in the assignment of functions or activities to the National Oceanic and Atmospheric Administration, the Under Secretary of Commerce for Oceans and Atmosphere, or to any officer, employee, or part of the National Oceanic and Atmospheric Administration, or to the Secretary of Commerce and delegated to the Under Secretary of Commerce for Oceans and Atmosphere, or their designee, that are in effect immediately before the date of enactment of this Act shall continue in full force and effect after the effective date of this Act until modified or rescinded.", "id": "HE241EE99666A40A9A3F1DFFF1E40A67C", "header": "Existing requirements", "nested": [], "links": [] }, { "text": "(b) Suits, appeals, judgments \nIn the case of any action or proceeding relating to the functions or activities described in subsection (a) pending on the date of enactment of this Act, the rights of the parties at issue in such proceeding shall, to the maximum extent practicable, be undisturbed by this Act. For purposes of any such action or proceeding, the provisions of Reorganization Plan No. 4 of 1970 and subsections (a) and (b) of section 407 of Public Law 99–659 as in effect on the day before such date of enactment shall apply.", "id": "HED76D670210F418D8742F31A91BFA127", "header": "Suits, appeals, judgments", "nested": [], "links": [ { "text": "Public Law 99–659", "legal-doc": "public-law", "parsable-cite": "pl/99/659" } ] }, { "text": "(c) Discussion of research \nNothing in this Act shall be construed to limit the ability of an Administration employee to discuss scientific research performed by that employee in accordance with the Administration’s scientific integrity policies.", "id": "H30FE1FD6C3694D2CA36AB8B144C78B8F", "header": "Discussion of research", "nested": [], "links": [] }, { "text": "(d) Existing authorities under law \nNothing in this Act shall be construed to modify any authority under law existing immediately before the date of enactment of this Act, except as explicitly provided herein, including by— (1) altering the responsibilities or authorities of any other Federal agency; (2) authorizing or prohibiting the transfer of any program, function, or project from other Federal agencies to the Administration; or (3) expanding, modifying, or superseding any existing regulatory or other authority of the Administration.", "id": "HD6B4E6F64D1B4756AEC86E1B57928769", "header": "Existing authorities under law", "nested": [], "links": [] }, { "text": "(e) Authorities with respect to public buildings \n(1) In general \nNothing in this Act shall be construed to grant the Administrator any authority to construct, alter, repair, or acquire by any means a public building (as defined in section 3301 of title 40, United States Code) or to grant any authority to lease general purpose office or storage space in any building. (2) Interaction with other similar authorities \nNothing in this Act shall be construed to diminish any authority the Administrator has immediately before the date of enactment of this Act to construct, alter, repair, or acquire by any means a public building (as defined in section 3301 of title 40, United States Code) or to diminish any authority the Administrator has immediately before the date of enactment of this Act to lease general purpose office or storage space in any building (regardless of whether those authorities are derived from laws, executive orders, rules, regulations, or delegations of authority from the Secretary of Commerce).", "id": "H78FF50C6E3A24E47B4793465F9FC0218", "header": "Authorities with respect to public buildings", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 99–659", "legal-doc": "public-law", "parsable-cite": "pl/99/659" } ] }, { "text": "204. Reorganization plan \n(a) Schedule \n(1) Initial plan \nNot later than 18 months after the date of enactment of this Act, the Administrator shall develop a reorganization plan for the Administration in accordance with this section and shall publish the plan in the Federal Register. The Federal Register notice shall solicit comments for a period of at least 60 days. (2) Revised plan \nNot later than 180 days after the expiration date of the comment period described in paragraph (1), the Administrator shall transmit to Congress a revised version of the plan that takes into account the comments received. The Administrator shall also publish the revised plan in the Federal Register. The Administrator shall transmit and publish, along with the plan, an explanation of how the Administrator dealt with significant issues raised by the comments received. (3) Implementation \nThe Administrator shall implement the plan not later than 180 days after the plan has been transmitted to the Congress. (b) Content \nThe plan, to the greatest extent practicable, shall— (1) consistent with the other provisions of this Act, maximize the efficiency with which the Administration carries out the core functions of— (A) science and research; (B) operations; (C) predictions and forecasts; (D) products and services; (E) education and outreach; (F) earth observations and space weather observations; (G) resource management; and (H) enforcement; (2) improve the sharing of research and other information that is of use across programmatic themes; and (3) minimize duplication of effort or overlapping efforts and promote coordination among offices. (c) Consultation \nIn developing the plan, the Administrator shall consult with interested parties, including other Federal, State, local, Tribal, and territorial governmental entities, Indigenous peoples, and other appropriate domestic and foreign governmental and non-governmental entities, academia, industry, and Administration employees, contractors, and grantees.", "id": "H90EDB479691947329990E3A787CBB7D2", "header": "Reorganization plan", "nested": [ { "text": "(a) Schedule \n(1) Initial plan \nNot later than 18 months after the date of enactment of this Act, the Administrator shall develop a reorganization plan for the Administration in accordance with this section and shall publish the plan in the Federal Register. The Federal Register notice shall solicit comments for a period of at least 60 days. (2) Revised plan \nNot later than 180 days after the expiration date of the comment period described in paragraph (1), the Administrator shall transmit to Congress a revised version of the plan that takes into account the comments received. The Administrator shall also publish the revised plan in the Federal Register. The Administrator shall transmit and publish, along with the plan, an explanation of how the Administrator dealt with significant issues raised by the comments received. (3) Implementation \nThe Administrator shall implement the plan not later than 180 days after the plan has been transmitted to the Congress.", "id": "HDF9631D8ECFE4ED49B7BC97598E78A0E", "header": "Schedule", "nested": [], "links": [] }, { "text": "(b) Content \nThe plan, to the greatest extent practicable, shall— (1) consistent with the other provisions of this Act, maximize the efficiency with which the Administration carries out the core functions of— (A) science and research; (B) operations; (C) predictions and forecasts; (D) products and services; (E) education and outreach; (F) earth observations and space weather observations; (G) resource management; and (H) enforcement; (2) improve the sharing of research and other information that is of use across programmatic themes; and (3) minimize duplication of effort or overlapping efforts and promote coordination among offices.", "id": "HA8F4523442754896A456AD1CD319060D", "header": "Content", "nested": [], "links": [] }, { "text": "(c) Consultation \nIn developing the plan, the Administrator shall consult with interested parties, including other Federal, State, local, Tribal, and territorial governmental entities, Indigenous peoples, and other appropriate domestic and foreign governmental and non-governmental entities, academia, industry, and Administration employees, contractors, and grantees.", "id": "HDB601FEE1E3A42CFB9105F52AB411860", "header": "Consultation", "nested": [], "links": [] } ], "links": [] }, { "text": "205. National Weather Service \n(a) In general \nThe Administrator shall maintain within the Administration the National Weather Service. (b) Mission \nThe mission of the National Weather Service is to provide weather, water, climate, tsunami, and space weather forecasts and warnings for the United States, its territories, adjacent waters, and ocean areas for the protection of life and property and the enhancement of the national economy. In carrying out the mission of the National Weather Service, the Administrator shall ensure that the National Weather Service— (1) provides timely and accurate weather, water, climate, tsunami, and space weather forecasts; and (2) provides timely and accurate warnings of natural hazards related to weather, water, climate, and tsunamis, and of space weather hazards. (c) Functions \nThe functions of the National Weather Service shall include— (1) maintaining a network of local weather forecast offices, river forecast centers, and center weather service units; (2) maintaining a network of observation systems to collect weather and climate data; (3) operating national centers to deliver guidance, forecasts, warnings, and analysis about weather, water, climate, tsunami, and space weather phenomena for the Administration and the public; (4) providing information to Federal agencies and other organizations responsible for emergency preparedness and response as required by law; (5) conducting and supporting applied research to facilitate the rapid incorporation of weather and climate science advances into operational tools; and (6) other functions the Administrator determines to be necessary to serve the mission of the National Weather Service described in subsection (b).", "id": "HCF5A78757AE74494853CED9AC7D8FBE5", "header": "National Weather Service", "nested": [ { "text": "(a) In general \nThe Administrator shall maintain within the Administration the National Weather Service.", "id": "H71993EF73B3C4EB5A80A6AFBCA655F9B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Mission \nThe mission of the National Weather Service is to provide weather, water, climate, tsunami, and space weather forecasts and warnings for the United States, its territories, adjacent waters, and ocean areas for the protection of life and property and the enhancement of the national economy. In carrying out the mission of the National Weather Service, the Administrator shall ensure that the National Weather Service— (1) provides timely and accurate weather, water, climate, tsunami, and space weather forecasts; and (2) provides timely and accurate warnings of natural hazards related to weather, water, climate, and tsunamis, and of space weather hazards.", "id": "H4DCDDC2436674100BDD0F8AAFF3430FD", "header": "Mission", "nested": [], "links": [] }, { "text": "(c) Functions \nThe functions of the National Weather Service shall include— (1) maintaining a network of local weather forecast offices, river forecast centers, and center weather service units; (2) maintaining a network of observation systems to collect weather and climate data; (3) operating national centers to deliver guidance, forecasts, warnings, and analysis about weather, water, climate, tsunami, and space weather phenomena for the Administration and the public; (4) providing information to Federal agencies and other organizations responsible for emergency preparedness and response as required by law; (5) conducting and supporting applied research to facilitate the rapid incorporation of weather and climate science advances into operational tools; and (6) other functions the Administrator determines to be necessary to serve the mission of the National Weather Service described in subsection (b).", "id": "H13318D92196744B79DDB0BD4D70D8DFB", "header": "Functions", "nested": [], "links": [] } ], "links": [] }, { "text": "206. Office of Space Commerce \nSubsection (b) of section 50702 of title 51, United States Code, is amended— (1) by striking The Office shall be headed and inserting the following: (1) In general \nThe Office shall be headed ; and (2) by adding at the end the following: (2) Direct report \nThe Director shall report directly to the Secretary of Commerce..", "id": "H0D08E77396654EFCB9B276B9FEB052B8", "header": "Office of Space Commerce", "nested": [], "links": [] }, { "text": "207. Study \n(a) In general \nThe Administrator shall contract with the National Academy of Public Administration to conduct a study examining the feasibility and merits of transferring parts or all of the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) management functions into a single agency or department. (b) Report \nNot later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study conducted under subsection (a).", "id": "H023A9018784D418A99370226EA36F266", "header": "Study", "nested": [ { "text": "(a) In general \nThe Administrator shall contract with the National Academy of Public Administration to conduct a study examining the feasibility and merits of transferring parts or all of the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) management functions into a single agency or department.", "id": "H6F795A73E011469B84DC4B77E398BD76", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study conducted under subsection (a).", "id": "HC8E20A5D8A5349ACB9D9713AE90281E3", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "208. Effective date \nThe provisions of this Act shall take effect on the date that is 6 months after the date of the enactment of this Act.", "id": "HD8C76B95DBC549B98398097C8EFC6445", "header": "Effective date", "nested": [], "links": [] } ]
14
1. Short title; table of contents (a) Short title This Act may be cited as the National Oceanic and Atmospheric Administration Act of 2023. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Title I—National Oceanic and Atmospheric Administration Sec. 101. Establishment. Sec. 102. Functions of the Administrator. Sec. 103. Authority of the Administrator. Sec. 104. Science advisory board. Title II—General Provisions Sec. 201. Recommendations to Congress. Sec. 202. Conforming repeals. Sec. 203. Savings provision. Sec. 204. Reorganization plan. Sec. 205. National Weather Service. Sec. 206. Office of Space Commerce. Sec. 207. Study. Sec. 208. Effective date. 2. Purpose The purpose of this Act is to establish the National Oceanic and Atmospheric Administration as an independent scientific research and development agency with an overarching statutory framework that focuses on Earth system science, maintaining the Administration’s core mission and functions while allowing it to restructure and prioritize under an organic statute. 101. Establishment (a) Establishment There is established in the executive branch an independent agency to be known as the National Oceanic and Atmospheric Administration (in this Act referred to as the Administration ). (b) Administrator (1) In general The Administration shall be headed by an Administrator (in this Act referred to as the Administrator ), who shall be appointed by the President with the advice and consent of the Senate. The Administrator shall carry out the functions described in section 102 and, in the performance of those functions, shall have the authorities described in section 103. (2) Authority Any authority, power, or function vested by law in the National Oceanic and Atmospheric Administration, in the Under Secretary of Commerce for Oceans and Atmosphere, or in any officer, employee, or part of the National Oceanic and Atmospheric Administration, or vested by law in the Secretary of Commerce and delegated to the Under Secretary of Commerce for Oceans and Atmosphere, or their designee, is vested in, and may be exercised by, the Administrator or their designee, as appropriate. (3) References Any reference in law or regulation to the Under Secretary of Commerce for Oceans and Atmosphere shall be deemed to be a reference to the Administrator. (c) Positions There shall be in the Administration the following: (1) A Deputy Administrator, to be appointed by the President with the advice and consent of the Senate, who shall carry out such duties as the Administrator may prescribe. (2) An Associate Administrator for Environmental Observation and Prediction, to be appointed by the President with the advice and consent of the Senate. (3) A Chief Scientist, to be appointed by the Administrator. (4) A General Counsel, to be appointed in accordance with section 5316 of title 5, United States Code. 102. Functions of the Administrator The Administrator shall— (1) plan, direct, and conduct— (A) atmospheric, oceanic, hydrologic, Great Lakes, coastal, geodetic, geomagnetic, biological, and social science and research, including monitoring, analyses, education, research to operations, and operations to research; (B) Earth observations and space physics operations, which include space-based observations of the earth and sun; (C) ocean exploration, mapping, and characterization; (D) atmospheric, terrestrial and space weather, climate, oceanic, hydrologic, Great Lakes, and coastal forecasting; (E) conservation, management, and protection of oceanic, hydrologic, Great Lakes, and coastal resources, and science, research, and analysis related to such resources; (F) oceanic, hydrologic, Great Lakes, and coastal response and restoration; (G) education, outreach, and associated activities; (H) other areas of research related to the preceding items as determined appropriate by the Administrator; and (I) enforcement of any other provision of Federal law that assigns enforcement authority to the Administration; (2) support the widest practicable participation by the scientific community, including participants in the private sector, academia, Federal, State, local, Tribal, and territorial governmental entities, Indigenous peoples, and other appropriate domestic and foreign governmental and non-governmental entities, in carrying out the activities described in paragraph (1), including through the acceptance by the Administration of private resources, which may include data, models, vessels, aircraft, satellites, buoys, and other related infrastructure, to carry out such activities; (3) provide for full and open public dissemination of information regarding activities, initiatives, methods, data, and results of the Administration, as appropriate, and in compliance with applicable law, including the acquisition of commercially sourced data; and (4) establish and promote an inclusive culture of scientific excellence and integrity. 103. Authority of the Administrator (a) Officers and employees The Administrator, in accordance with title 5, United States Code, may appoint and fix the compensation of such officers and employees as the Administrator determines appropriate, within the regulations and guidelines established by the Office of Personnel Management. (b) Property The Administrator may— (1) procure, acquire, construct, improve, repair, operate, and maintain such laboratories, research and testing sites and facilities, equipment, vessels, aircraft, buoys, satellites, surface observing sites, other similar infrastructure, autonomous or unmanned vehicles, and office and educational facilities as the Administrator deems necessary; (2) lease real and personal property; (3) sell and otherwise dispose of real and personal property and reinvest any proceeds from such sale or disposition of property into recapitalization of property; and (4) provide by contract or otherwise for necessary amenities for the welfare of employees and maintenance of property of the Administration. (c) Gifts The Administrator may accept gifts or donations of services for the benefit of the agency, including money or property, whether real, personal, or mixed, and whether tangible or intangible. (d) Contracts, leases, and agreements The Administrator may enter into and perform such contracts, leases, agreements (including cooperative agreements), or other transactions as may be necessary in the conduct of the work of the Administration. (e) Cooperation with Federal agencies and others The Administrator— (1) may use the services, equipment, personnel, land, and facilities of Federal, State, local, Tribal, and territorial governmental entities, Indigenous peoples, and other appropriate domestic and foreign governmental and non-governmental entities, with consent and with or without reimbursement; and (2) shall cooperate with such entities to permit their use of Administration services, equipment, land, and facilities in a manner consistent with the Administration’s mission. (f) International cooperation The Administration, under the foreign policy guidance of the President, may engage in a program of international cooperation in work done pursuant to the Act, and in the peaceful application of the results thereof, pursuant to agreements made by the President with the advice and consent of the Senate. (g) Advisory committees The Administrator may appoint such advisory committees as the Administrator considers appropriate to provide consultation and advice. (h) Offices and procedures The Administrator may establish within the Administration such offices and procedures as may be appropriate to provide for the greatest possible coordination of its activities with related public and private agencies and entities. 104. Science advisory board (a) In general There shall be within the Administration a Science Advisory Board, which shall provide such scientific advice as may be requested by the Administrator, the Committee on Science, Space, and Technology of the House of Representatives, or the Committee on Commerce, Science, and Transportation of the Senate. (b) Purpose The purpose of the Science Advisory Board is to advise the Administrator and Congress on long-range and short-range strategies for research, education, and the application of science to resource management and environmental assessment, observation, and prediction. (c) Members (1) In general The Science Advisory Board shall be composed of at least 15 members appointed by the Administrator. Each member of the Board shall be qualified by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section. (2) Terms of service Members shall be appointed for 3-year terms, renewable once, and shall serve at the discretion of the Administrator. An individual serving a term as a member of the Science Advisory Board on the date of enactment of this Act may complete that term, and may be reappointed once for another term of 3 years unless the term being served on such date of enactment is the second term served by that individual. Vacancy appointments shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may subsequently be appointed for 2 full 3-year terms if the remainder of the unexpired term is less than 1 year. (3) Chairperson The Administrator shall designate a chairperson from among the members of the Board. (4) Appointment Members of the Science Advisory Board shall be appointed as special Government employees, within the meaning given such term in section 202(a) of title 18, United States Code. (d) Administrative provisions (1) Administrative support The Administrator shall provide administrative support to the Science Advisory Board. (2) Meetings The Science Advisory Board shall meet at least twice each year, and at other times at the call of the Administrator or the Chairperson. (3) Compensation and expenses A member of the Science Advisory Board shall not be compensated for service on such board, but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (4) Subcommittees The Science Advisory Board may establish such subcommittees of its members as may be necessary. The Science Advisory Board may establish task forces and working groups consisting of Board members and outside experts as may be necessary. (e) Expiration Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Science Advisory Board. (f) Strategic plan for research and development Not later than 1 year after the date of enactment of this Act, and once every 5 years thereafter, the Administrator shall consult with the Science Advisory board to develop a strategic plan for research and development at the Administration. The plan shall include— (1) an assessment of the science and technology needs of the Administration based on the Administration’s operational requirements and on input provided by external stakeholders at the national, regional, State, and local levels; and (2) a strategic plan that assigns specific programs within the Administration the responsibility to meet each need identified under paragraph (1) and that describes the extent to which each need identified in paragraph (1) will be addressed through— (A) intramural research; (B) extramural, peer-reviewed, competitive grant programs; and (C) work done in cooperation with other Federal agencies. (g) National academy of sciences review The Administrator shall enter into an arrangement with the National Academy of Sciences for a review of the plan developed under subsection (f). (h) Transmittal to congress Not later than 18 months after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the initial strategic plan developed under subsection (f) and the review prepared pursuant to subsection (g). Subsequent strategic plans developed under subsection (f) shall also be transmitted to those committees upon completion. 201. Recommendations to Congress (a) In general Not later than 1 year after the date of the enactment of this Act, and at any appropriate time thereafter, the Administrator shall provide to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Natural Resources of the House of Representatives recommendations for technical, conforming, or other amendments necessary— (1) to assist the transition of the Administration to an independent agency; or (2) to further the policy and purpose of this Act. (b) Consultation In developing any recommendations pursuant to subsection (a), the Administrator shall consult with the Office of the Law Revision Counsel of the House of Representatives. 202. Conforming repeals (a) Effect of reorganization plan Reorganization Plan No. 4 of 1970 shall have no further force and effect. (b) NOAA officers Subsections (a) and (b) of section 407 of Public Law 99–659 ( 15 U.S.C. 1503b ; 1507c) are hereby repealed. 203. Savings provision (a) Existing requirements All rules and regulations, determinations, standards, policies, agreements, contracts, including collective bargaining agreements, certifications, authorizations, appointments, delegations of authority, results and findings of investigations, and other decisions or actions duly issued, made, or taken pursuant to or under the authority of any statute or executive order which resulted in the assignment of functions or activities to the National Oceanic and Atmospheric Administration, the Under Secretary of Commerce for Oceans and Atmosphere, or to any officer, employee, or part of the National Oceanic and Atmospheric Administration, or to the Secretary of Commerce and delegated to the Under Secretary of Commerce for Oceans and Atmosphere, or their designee, that are in effect immediately before the date of enactment of this Act shall continue in full force and effect after the effective date of this Act until modified or rescinded. (b) Suits, appeals, judgments In the case of any action or proceeding relating to the functions or activities described in subsection (a) pending on the date of enactment of this Act, the rights of the parties at issue in such proceeding shall, to the maximum extent practicable, be undisturbed by this Act. For purposes of any such action or proceeding, the provisions of Reorganization Plan No. 4 of 1970 and subsections (a) and (b) of section 407 of Public Law 99–659 as in effect on the day before such date of enactment shall apply. (c) Discussion of research Nothing in this Act shall be construed to limit the ability of an Administration employee to discuss scientific research performed by that employee in accordance with the Administration’s scientific integrity policies. (d) Existing authorities under law Nothing in this Act shall be construed to modify any authority under law existing immediately before the date of enactment of this Act, except as explicitly provided herein, including by— (1) altering the responsibilities or authorities of any other Federal agency; (2) authorizing or prohibiting the transfer of any program, function, or project from other Federal agencies to the Administration; or (3) expanding, modifying, or superseding any existing regulatory or other authority of the Administration. (e) Authorities with respect to public buildings (1) In general Nothing in this Act shall be construed to grant the Administrator any authority to construct, alter, repair, or acquire by any means a public building (as defined in section 3301 of title 40, United States Code) or to grant any authority to lease general purpose office or storage space in any building. (2) Interaction with other similar authorities Nothing in this Act shall be construed to diminish any authority the Administrator has immediately before the date of enactment of this Act to construct, alter, repair, or acquire by any means a public building (as defined in section 3301 of title 40, United States Code) or to diminish any authority the Administrator has immediately before the date of enactment of this Act to lease general purpose office or storage space in any building (regardless of whether those authorities are derived from laws, executive orders, rules, regulations, or delegations of authority from the Secretary of Commerce). 204. Reorganization plan (a) Schedule (1) Initial plan Not later than 18 months after the date of enactment of this Act, the Administrator shall develop a reorganization plan for the Administration in accordance with this section and shall publish the plan in the Federal Register. The Federal Register notice shall solicit comments for a period of at least 60 days. (2) Revised plan Not later than 180 days after the expiration date of the comment period described in paragraph (1), the Administrator shall transmit to Congress a revised version of the plan that takes into account the comments received. The Administrator shall also publish the revised plan in the Federal Register. The Administrator shall transmit and publish, along with the plan, an explanation of how the Administrator dealt with significant issues raised by the comments received. (3) Implementation The Administrator shall implement the plan not later than 180 days after the plan has been transmitted to the Congress. (b) Content The plan, to the greatest extent practicable, shall— (1) consistent with the other provisions of this Act, maximize the efficiency with which the Administration carries out the core functions of— (A) science and research; (B) operations; (C) predictions and forecasts; (D) products and services; (E) education and outreach; (F) earth observations and space weather observations; (G) resource management; and (H) enforcement; (2) improve the sharing of research and other information that is of use across programmatic themes; and (3) minimize duplication of effort or overlapping efforts and promote coordination among offices. (c) Consultation In developing the plan, the Administrator shall consult with interested parties, including other Federal, State, local, Tribal, and territorial governmental entities, Indigenous peoples, and other appropriate domestic and foreign governmental and non-governmental entities, academia, industry, and Administration employees, contractors, and grantees. 205. National Weather Service (a) In general The Administrator shall maintain within the Administration the National Weather Service. (b) Mission The mission of the National Weather Service is to provide weather, water, climate, tsunami, and space weather forecasts and warnings for the United States, its territories, adjacent waters, and ocean areas for the protection of life and property and the enhancement of the national economy. In carrying out the mission of the National Weather Service, the Administrator shall ensure that the National Weather Service— (1) provides timely and accurate weather, water, climate, tsunami, and space weather forecasts; and (2) provides timely and accurate warnings of natural hazards related to weather, water, climate, and tsunamis, and of space weather hazards. (c) Functions The functions of the National Weather Service shall include— (1) maintaining a network of local weather forecast offices, river forecast centers, and center weather service units; (2) maintaining a network of observation systems to collect weather and climate data; (3) operating national centers to deliver guidance, forecasts, warnings, and analysis about weather, water, climate, tsunami, and space weather phenomena for the Administration and the public; (4) providing information to Federal agencies and other organizations responsible for emergency preparedness and response as required by law; (5) conducting and supporting applied research to facilitate the rapid incorporation of weather and climate science advances into operational tools; and (6) other functions the Administrator determines to be necessary to serve the mission of the National Weather Service described in subsection (b). 206. Office of Space Commerce Subsection (b) of section 50702 of title 51, United States Code, is amended— (1) by striking The Office shall be headed and inserting the following: (1) In general The Office shall be headed ; and (2) by adding at the end the following: (2) Direct report The Director shall report directly to the Secretary of Commerce.. 207. Study (a) In general The Administrator shall contract with the National Academy of Public Administration to conduct a study examining the feasibility and merits of transferring parts or all of the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) management functions into a single agency or department. (b) Report Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study conducted under subsection (a). 208. Effective date The provisions of this Act shall take effect on the date that is 6 months after the date of the enactment of this Act.
21,490
[ "Natural Resources Committee", "Science, Space, and Technology Committee" ]
118hr1774ih
118
hr
1,774
ih
To amend title 38, United States Code, to reimburse veterans for the cost of emergency medical transportation to a Federal facility, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the VA Emergency Transportation Act.", "id": "H2684619AD510471A9083ACC6B102909B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reimbursement of emergency medical transportation to a Federal facility \n(a) In general \nSection 1725 of title 38, United States Code, is amended— (1) in the heading, by striking emergency treatment and inserting emergency services ; (2) by striking the emergency treatment each place it appears and inserting such emergency services ; (3) by striking such treatment each place it appears and inserting such emergency services ; (4) by striking that treatment each place it appears and inserting such emergency services ; (5) by striking the treatment each place it appears and inserting such emergency services ; (6) by striking in a non-Department facility each place it appears; (7) by striking same treatment and inserting same emergency services ; (8) in subsection (a)(2)(A), by striking health care provider that furnished the treatment and inserting provider that furnished such emergency services ; (9) in subsections (a) through (d), as amended by the preceding paragraphs, by striking emergency treatment each place it appears and inserting emergency services ; (10) in subsection (b)(3)(B), by striking (h)(2)(B) or (h)(2)(C) and inserting (h)(4)(B) or (h)(4)(C) ; (11) in subsection (f)— (A) by striking treatment provided and inserting emergency services furnished ; and (B) by striking was provided and inserting was furnished ; (12) in subsection (g), by striking for emergency treatment and inserting for emergency services ; and (13) in subsection (h)— (A) by redesignating paragraph (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; (B) in paragraph (3), as redesignated, insert in a non-Department facility after services furnished ; and (C) by inserting before paragraph (3), as redesignated, the following new paragraphs (1) and (2): (1) The term emergency services includes emergency treatment and emergency transportation. (2) The term emergency transportation means transportation of a veteran by ambulance or air ambulance by a non-Department provider— (A) to a facility for emergency treatment; or (B) from a non-Department facility where such veteran received emergency treatment— (i) to a Department or other Federal facility; and (ii) at a time described in paragraph (3)(C).. (b) Technical and conforming amendments \n(1) Definition of emergency treatment \nSection 1728(c) of such title is amended by striking 1725(h)(1) and inserting 1725(h). (2) Table of sections \nThe table of sections at the beginning of chapter 17 of such title is amended by striking emergency treatment and inserting emergency services.", "id": "H0D472F7A43894DD18D509EBD075AEC73", "header": "Reimbursement of emergency medical transportation to a Federal facility", "nested": [ { "text": "(a) In general \nSection 1725 of title 38, United States Code, is amended— (1) in the heading, by striking emergency treatment and inserting emergency services ; (2) by striking the emergency treatment each place it appears and inserting such emergency services ; (3) by striking such treatment each place it appears and inserting such emergency services ; (4) by striking that treatment each place it appears and inserting such emergency services ; (5) by striking the treatment each place it appears and inserting such emergency services ; (6) by striking in a non-Department facility each place it appears; (7) by striking same treatment and inserting same emergency services ; (8) in subsection (a)(2)(A), by striking health care provider that furnished the treatment and inserting provider that furnished such emergency services ; (9) in subsections (a) through (d), as amended by the preceding paragraphs, by striking emergency treatment each place it appears and inserting emergency services ; (10) in subsection (b)(3)(B), by striking (h)(2)(B) or (h)(2)(C) and inserting (h)(4)(B) or (h)(4)(C) ; (11) in subsection (f)— (A) by striking treatment provided and inserting emergency services furnished ; and (B) by striking was provided and inserting was furnished ; (12) in subsection (g), by striking for emergency treatment and inserting for emergency services ; and (13) in subsection (h)— (A) by redesignating paragraph (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; (B) in paragraph (3), as redesignated, insert in a non-Department facility after services furnished ; and (C) by inserting before paragraph (3), as redesignated, the following new paragraphs (1) and (2): (1) The term emergency services includes emergency treatment and emergency transportation. (2) The term emergency transportation means transportation of a veteran by ambulance or air ambulance by a non-Department provider— (A) to a facility for emergency treatment; or (B) from a non-Department facility where such veteran received emergency treatment— (i) to a Department or other Federal facility; and (ii) at a time described in paragraph (3)(C)..", "id": "HE675738A18FB4283ACBBC8B90D59C7EF", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Technical and conforming amendments \n(1) Definition of emergency treatment \nSection 1728(c) of such title is amended by striking 1725(h)(1) and inserting 1725(h). (2) Table of sections \nThe table of sections at the beginning of chapter 17 of such title is amended by striking emergency treatment and inserting emergency services.", "id": "H1F8001A756DE4C518AD5F51FB10AA20C", "header": "Technical and conforming amendments", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the VA Emergency Transportation Act. 2. Reimbursement of emergency medical transportation to a Federal facility (a) In general Section 1725 of title 38, United States Code, is amended— (1) in the heading, by striking emergency treatment and inserting emergency services ; (2) by striking the emergency treatment each place it appears and inserting such emergency services ; (3) by striking such treatment each place it appears and inserting such emergency services ; (4) by striking that treatment each place it appears and inserting such emergency services ; (5) by striking the treatment each place it appears and inserting such emergency services ; (6) by striking in a non-Department facility each place it appears; (7) by striking same treatment and inserting same emergency services ; (8) in subsection (a)(2)(A), by striking health care provider that furnished the treatment and inserting provider that furnished such emergency services ; (9) in subsections (a) through (d), as amended by the preceding paragraphs, by striking emergency treatment each place it appears and inserting emergency services ; (10) in subsection (b)(3)(B), by striking (h)(2)(B) or (h)(2)(C) and inserting (h)(4)(B) or (h)(4)(C) ; (11) in subsection (f)— (A) by striking treatment provided and inserting emergency services furnished ; and (B) by striking was provided and inserting was furnished ; (12) in subsection (g), by striking for emergency treatment and inserting for emergency services ; and (13) in subsection (h)— (A) by redesignating paragraph (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; (B) in paragraph (3), as redesignated, insert in a non-Department facility after services furnished ; and (C) by inserting before paragraph (3), as redesignated, the following new paragraphs (1) and (2): (1) The term emergency services includes emergency treatment and emergency transportation. (2) The term emergency transportation means transportation of a veteran by ambulance or air ambulance by a non-Department provider— (A) to a facility for emergency treatment; or (B) from a non-Department facility where such veteran received emergency treatment— (i) to a Department or other Federal facility; and (ii) at a time described in paragraph (3)(C).. (b) Technical and conforming amendments (1) Definition of emergency treatment Section 1728(c) of such title is amended by striking 1725(h)(1) and inserting 1725(h). (2) Table of sections The table of sections at the beginning of chapter 17 of such title is amended by striking emergency treatment and inserting emergency services.
2,636
[ "Veterans' Affairs Committee" ]
118hr256ih
118
hr
256
ih
To extend the supplemental security income program to Puerto Rico, the United States Virgin Islands, Guam, and American Samoa, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Supplemental Security Income Equality Act.", "id": "H39873DFC533646EAA27FFB5E7C57CA5E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of the supplemental security income program to Puerto Rico, the United States Virgin Islands, Guam, and American Samoa \n(a) In general \nSection 303 of the Social Security Amendments of 1972 (86 Stat. 1484) is amended by striking subsection (b). (b) Conforming amendments \n(1) Definition of state \nSection 1101(a)(1) of the Social Security Act ( 42 U.S.C. 1301(a)(1) ) is amended by striking the 5th sentence and inserting the following: Such term when used in title XVI includes Puerto Rico, the United States Virgin Islands, Guam, and American Samoa.. (2) Elimination of limit on total payments to the territories \nSection 1108 of such Act ( 42 U.S.C. 1308 ) is amended— (A) in the section heading, by striking ; limitation on total payments ; (B) by striking subsection (a); and (C) in subsection (c), by striking paragraphs (2) and (4) and redesignating paragraphs (3) and (5) as paragraphs (2) and (4), respectively. (3) United States nationals treated the same as citizens \nSection 1614(a)(1)(B) of such Act ( 42 U.S.C. 1382c(a)(1)(B) ) is amended— (A) in clause (i)(I), by inserting or national, after citizen ; (B) in clause (i)(II), by adding ; or at the end; and (C) in clause (ii), by inserting or national after citizen. (4) Territories included in geographic meaning of United States \nSection 1614(e) of such Act ( 42 U.S.C. 1382c(e) ) is amended by striking and the District of Columbia and inserting , the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, and American Samoa. (c) Waiver authority \nThe Commissioner of Social Security may waive or modify any statutory requirement relating to the provision of benefits under the Supplemental Security Income Program under title XVI of the Social Security Act in Puerto Rico, the United States Virgin Islands, Guam, or American Samoa, to the extent that the Commissioner deems it necessary in order to adapt the program to the needs of the territory involved. (d) Effective date \nThis section and the amendments made by this section shall take effect on the 1st day of the 1st Federal fiscal year that begins 1 year or more after the date of the enactment of this Act.", "id": "H17ACDC12531441AF89C573D56D472E89", "header": "Extension of the supplemental security income program to Puerto Rico, the United States Virgin Islands, Guam, and American Samoa", "nested": [ { "text": "(a) In general \nSection 303 of the Social Security Amendments of 1972 (86 Stat. 1484) is amended by striking subsection (b).", "id": "HE6A1C03B8EA0446C9219029CCDE5B876", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conforming amendments \n(1) Definition of state \nSection 1101(a)(1) of the Social Security Act ( 42 U.S.C. 1301(a)(1) ) is amended by striking the 5th sentence and inserting the following: Such term when used in title XVI includes Puerto Rico, the United States Virgin Islands, Guam, and American Samoa.. (2) Elimination of limit on total payments to the territories \nSection 1108 of such Act ( 42 U.S.C. 1308 ) is amended— (A) in the section heading, by striking ; limitation on total payments ; (B) by striking subsection (a); and (C) in subsection (c), by striking paragraphs (2) and (4) and redesignating paragraphs (3) and (5) as paragraphs (2) and (4), respectively. (3) United States nationals treated the same as citizens \nSection 1614(a)(1)(B) of such Act ( 42 U.S.C. 1382c(a)(1)(B) ) is amended— (A) in clause (i)(I), by inserting or national, after citizen ; (B) in clause (i)(II), by adding ; or at the end; and (C) in clause (ii), by inserting or national after citizen. (4) Territories included in geographic meaning of United States \nSection 1614(e) of such Act ( 42 U.S.C. 1382c(e) ) is amended by striking and the District of Columbia and inserting , the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, and American Samoa.", "id": "HB22D289D109E43FFA445AA009B562233", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 1301(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1301" }, { "text": "42 U.S.C. 1308", "legal-doc": "usc", "parsable-cite": "usc/42/1308" }, { "text": "42 U.S.C. 1382c(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1382c" }, { "text": "42 U.S.C. 1382c(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1382c" } ] }, { "text": "(c) Waiver authority \nThe Commissioner of Social Security may waive or modify any statutory requirement relating to the provision of benefits under the Supplemental Security Income Program under title XVI of the Social Security Act in Puerto Rico, the United States Virgin Islands, Guam, or American Samoa, to the extent that the Commissioner deems it necessary in order to adapt the program to the needs of the territory involved.", "id": "H020AE84E2BBA46CAA8DC775375595076", "header": "Waiver authority", "nested": [], "links": [] }, { "text": "(d) Effective date \nThis section and the amendments made by this section shall take effect on the 1st day of the 1st Federal fiscal year that begins 1 year or more after the date of the enactment of this Act.", "id": "H89A23B4FFFDD44748553606874C2ADB3", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1301(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1301" }, { "text": "42 U.S.C. 1308", "legal-doc": "usc", "parsable-cite": "usc/42/1308" }, { "text": "42 U.S.C. 1382c(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1382c" }, { "text": "42 U.S.C. 1382c(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1382c" } ] } ]
2
1. Short title This Act may be cited as the Supplemental Security Income Equality Act. 2. Extension of the supplemental security income program to Puerto Rico, the United States Virgin Islands, Guam, and American Samoa (a) In general Section 303 of the Social Security Amendments of 1972 (86 Stat. 1484) is amended by striking subsection (b). (b) Conforming amendments (1) Definition of state Section 1101(a)(1) of the Social Security Act ( 42 U.S.C. 1301(a)(1) ) is amended by striking the 5th sentence and inserting the following: Such term when used in title XVI includes Puerto Rico, the United States Virgin Islands, Guam, and American Samoa.. (2) Elimination of limit on total payments to the territories Section 1108 of such Act ( 42 U.S.C. 1308 ) is amended— (A) in the section heading, by striking ; limitation on total payments ; (B) by striking subsection (a); and (C) in subsection (c), by striking paragraphs (2) and (4) and redesignating paragraphs (3) and (5) as paragraphs (2) and (4), respectively. (3) United States nationals treated the same as citizens Section 1614(a)(1)(B) of such Act ( 42 U.S.C. 1382c(a)(1)(B) ) is amended— (A) in clause (i)(I), by inserting or national, after citizen ; (B) in clause (i)(II), by adding ; or at the end; and (C) in clause (ii), by inserting or national after citizen. (4) Territories included in geographic meaning of United States Section 1614(e) of such Act ( 42 U.S.C. 1382c(e) ) is amended by striking and the District of Columbia and inserting , the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, and American Samoa. (c) Waiver authority The Commissioner of Social Security may waive or modify any statutory requirement relating to the provision of benefits under the Supplemental Security Income Program under title XVI of the Social Security Act in Puerto Rico, the United States Virgin Islands, Guam, or American Samoa, to the extent that the Commissioner deems it necessary in order to adapt the program to the needs of the territory involved. (d) Effective date This section and the amendments made by this section shall take effect on the 1st day of the 1st Federal fiscal year that begins 1 year or more after the date of the enactment of this Act.
2,256
[ "Ways and Means Committee" ]
118hr2735ih
118
hr
2,735
ih
To amend the Coastal Zone Management Act of 1972 to require the Secretary of Commerce to establish a coastal climate change adaptation preparedness and response program, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Coastal State Climate Preparedness Act of 2023.", "id": "H6A586C1428F54393B9EF15222F18AADD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Climate change preparedness in the coastal zone \n(a) In General \nThe Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ) is amended by adding at the end the following: 320. Climate change adaptation preparedness and response program \n(a) In general \nThe Secretary shall establish, consistent with the national policies set forth in section 303, a coastal climate change adaptation preparedness and response program to— (1) provide assistance to coastal States to voluntarily develop coastal climate change adaptation plans, pursuant to approved management programs approved under section 306, to minimize contributions to climate change and to prepare for and reduce the negative consequences that may result from climate change in the coastal zone; and (2) provide financial and technical assistance and training to enable coastal States to implement plans developed pursuant to this section through coastal States’ enforceable policies. (b) Coastal climate change adaptation planning and preparedness grants \n(1) In general \nThe Secretary may make a grant to any coastal State for the purpose of developing climate change adaptation plans pursuant to guidelines issued by the Secretary under paragraph (8). (2) Plan content \nA plan developed with a grant under this subsection shall include the following: (A) Identification of public facilities and public services, working waterfronts, coastal resources of national significance, coastal waters, energy facilities, or other land and water uses located in the coastal zone that are likely to be impacted by climate change. (B) Adaptive management strategies for land use to respond or adapt to changing environmental conditions, including strategies to protect biodiversity, protect water quality, and establish habitat buffer zones, migration corridors, and climate refugia. (C) Adaptive management strategies for ocean-based ecosystems and resources, including strategies to plan for and respond to geographic or temporal shifts in marine resources, to create protected areas that will provide climate refugia, and to maintain and restore ocean ecosystem function. (D) Requirements to initiate and maintain long-term monitoring of environmental change to assess coastal zone adaptation and to adjust when necessary adaptive management strategies and new planning guidelines to attain the policies under section 303. (E) Other information considered necessary by the Secretary to identify the full range of climate change impacts affecting coastal communities. (3) State hazard mitigation plans \nPlans developed with a grant under this subsection shall be consistent with State hazard mitigation plans and natural disaster response and recovery programs developed under State or Federal law. (4) Allocation \nGrants under this subsection shall be available only to coastal States with management programs approved by the Secretary under section 306 and shall be allocated among such coastal States in a manner consistent with regulations promulgated pursuant to section 306(c). (5) Priority \nIn the awarding of grants under this subsection, the Secretary may give priority to any coastal State that has received grant funding to develop program changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of section 309(a). (6) Technical assistance \nThe Secretary may provide technical assistance to a coastal State consistent with section 310 to ensure the timely development of plans supported by grants awarded under this subsection. (7) Federal Approval \nIn order to be eligible for a grant under subsection (c), a coastal State must have its plan developed under this subsection approved by the Secretary. (8) Guidelines \nNot later than 180 days after the date of enactment of this section, the Secretary, in consultation with the coastal States, shall issue guidelines for the implementation of the grant program established under this subsection. (c) Coastal climate change adaptation project implementation grants \n(1) In general \nThe Secretary may make grants to any coastal State that has a climate change adaptation plan approved under subsection (b)(7), in order to support projects that implement strategies contained within such plans. (2) Program requirements \nThe Secretary, not later than 90 days after approval of the first plan approved under subsection (b)(7), shall publish in the Federal Register requirements regarding applications, allocations, eligible activities, and all terms and conditions for grants awarded under this subsection. No less than 30 percent, and no more than 50 percent, of the funds appropriated in any fiscal year for grants under this subsection shall be awarded through a merit-based competitive process. (3) Eligible activities \nThe Secretary may award grants to coastal States to implement projects in the coastal zone to address stress factors in order to improve coastal climate change adaptation, including the following: (A) Activities to address physical disturbances within the coastal zone, especially activities related to public facilities and public services, tourism, sedimentation, ocean acidification, and other factors negatively impacting coastal waters. (B) Monitoring, control, or eradication of disease organisms and invasive species. (C) Activities to address the loss, degradation, or fragmentation of wildlife habitat through projects to establish or protect marine and terrestrial habitat buffers, wildlife refugia, other wildlife refuges, or networks thereof, preservation of migratory wildlife corridors and other transition zones, and restoration of fish and wildlife habitat. (D) Projects, with priority given to such projects that use green infrastructure solutions, to reduce, mitigate, or otherwise address likely impacts caused by natural hazards in the coastal zone, including sea level rise, coastal inundation, storm water management, coastal erosion and subsidence, severe weather events such as cyclonic storms, tsunamis and other seismic threats, and fluctuating Great Lakes water levels. (E) Projects to adapt existing infrastructure, including enhancements to both built and natural environments. (F) Provision of technical training and assistance to local coastal policy makers to increase awareness of science, management, and technology information related to climate change and adaptation strategies. (4) Promotion and use of National Estuarine Research Reserves \nThe Secretary shall promote and encourage the use of National Estuarine Research Reserves as sites for pilot or demonstration projects carried out with grants awarded under this section.. (b) Authorization of Appropriations \nSection 318(a) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1464(a) ) is amended— (1) by striking and after the semicolon at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following: (3) for grants under section 320, such sums as are necessary.. (c) Intent of Congress \nNone of the amendments made by this section shall be construed to require any coastal State to amend or modify its approved management program pursuant to section 306(e) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455(e) ) or to extend the enforceable policies of a coastal State beyond the coastal zone as identified in the coastal State’s approved management program.", "id": "HCCDFAC78CADF44B7804F699042636B6D", "header": "Climate change preparedness in the coastal zone", "nested": [ { "text": "(a) In General \nThe Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ) is amended by adding at the end the following: 320. Climate change adaptation preparedness and response program \n(a) In general \nThe Secretary shall establish, consistent with the national policies set forth in section 303, a coastal climate change adaptation preparedness and response program to— (1) provide assistance to coastal States to voluntarily develop coastal climate change adaptation plans, pursuant to approved management programs approved under section 306, to minimize contributions to climate change and to prepare for and reduce the negative consequences that may result from climate change in the coastal zone; and (2) provide financial and technical assistance and training to enable coastal States to implement plans developed pursuant to this section through coastal States’ enforceable policies. (b) Coastal climate change adaptation planning and preparedness grants \n(1) In general \nThe Secretary may make a grant to any coastal State for the purpose of developing climate change adaptation plans pursuant to guidelines issued by the Secretary under paragraph (8). (2) Plan content \nA plan developed with a grant under this subsection shall include the following: (A) Identification of public facilities and public services, working waterfronts, coastal resources of national significance, coastal waters, energy facilities, or other land and water uses located in the coastal zone that are likely to be impacted by climate change. (B) Adaptive management strategies for land use to respond or adapt to changing environmental conditions, including strategies to protect biodiversity, protect water quality, and establish habitat buffer zones, migration corridors, and climate refugia. (C) Adaptive management strategies for ocean-based ecosystems and resources, including strategies to plan for and respond to geographic or temporal shifts in marine resources, to create protected areas that will provide climate refugia, and to maintain and restore ocean ecosystem function. (D) Requirements to initiate and maintain long-term monitoring of environmental change to assess coastal zone adaptation and to adjust when necessary adaptive management strategies and new planning guidelines to attain the policies under section 303. (E) Other information considered necessary by the Secretary to identify the full range of climate change impacts affecting coastal communities. (3) State hazard mitigation plans \nPlans developed with a grant under this subsection shall be consistent with State hazard mitigation plans and natural disaster response and recovery programs developed under State or Federal law. (4) Allocation \nGrants under this subsection shall be available only to coastal States with management programs approved by the Secretary under section 306 and shall be allocated among such coastal States in a manner consistent with regulations promulgated pursuant to section 306(c). (5) Priority \nIn the awarding of grants under this subsection, the Secretary may give priority to any coastal State that has received grant funding to develop program changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of section 309(a). (6) Technical assistance \nThe Secretary may provide technical assistance to a coastal State consistent with section 310 to ensure the timely development of plans supported by grants awarded under this subsection. (7) Federal Approval \nIn order to be eligible for a grant under subsection (c), a coastal State must have its plan developed under this subsection approved by the Secretary. (8) Guidelines \nNot later than 180 days after the date of enactment of this section, the Secretary, in consultation with the coastal States, shall issue guidelines for the implementation of the grant program established under this subsection. (c) Coastal climate change adaptation project implementation grants \n(1) In general \nThe Secretary may make grants to any coastal State that has a climate change adaptation plan approved under subsection (b)(7), in order to support projects that implement strategies contained within such plans. (2) Program requirements \nThe Secretary, not later than 90 days after approval of the first plan approved under subsection (b)(7), shall publish in the Federal Register requirements regarding applications, allocations, eligible activities, and all terms and conditions for grants awarded under this subsection. No less than 30 percent, and no more than 50 percent, of the funds appropriated in any fiscal year for grants under this subsection shall be awarded through a merit-based competitive process. (3) Eligible activities \nThe Secretary may award grants to coastal States to implement projects in the coastal zone to address stress factors in order to improve coastal climate change adaptation, including the following: (A) Activities to address physical disturbances within the coastal zone, especially activities related to public facilities and public services, tourism, sedimentation, ocean acidification, and other factors negatively impacting coastal waters. (B) Monitoring, control, or eradication of disease organisms and invasive species. (C) Activities to address the loss, degradation, or fragmentation of wildlife habitat through projects to establish or protect marine and terrestrial habitat buffers, wildlife refugia, other wildlife refuges, or networks thereof, preservation of migratory wildlife corridors and other transition zones, and restoration of fish and wildlife habitat. (D) Projects, with priority given to such projects that use green infrastructure solutions, to reduce, mitigate, or otherwise address likely impacts caused by natural hazards in the coastal zone, including sea level rise, coastal inundation, storm water management, coastal erosion and subsidence, severe weather events such as cyclonic storms, tsunamis and other seismic threats, and fluctuating Great Lakes water levels. (E) Projects to adapt existing infrastructure, including enhancements to both built and natural environments. (F) Provision of technical training and assistance to local coastal policy makers to increase awareness of science, management, and technology information related to climate change and adaptation strategies. (4) Promotion and use of National Estuarine Research Reserves \nThe Secretary shall promote and encourage the use of National Estuarine Research Reserves as sites for pilot or demonstration projects carried out with grants awarded under this section..", "id": "H39E4049F21334257899C0B87BCD32451", "header": "In General", "nested": [], "links": [ { "text": "16 U.S.C. 1451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1451" } ] }, { "text": "(b) Authorization of Appropriations \nSection 318(a) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1464(a) ) is amended— (1) by striking and after the semicolon at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following: (3) for grants under section 320, such sums as are necessary..", "id": "H23DA928AE9BD44D4940B2EB8507778B8", "header": "Authorization of Appropriations", "nested": [], "links": [ { "text": "16 U.S.C. 1464(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1464" } ] }, { "text": "(c) Intent of Congress \nNone of the amendments made by this section shall be construed to require any coastal State to amend or modify its approved management program pursuant to section 306(e) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455(e) ) or to extend the enforceable policies of a coastal State beyond the coastal zone as identified in the coastal State’s approved management program.", "id": "H3F993CAA00EC400CB26F22978118062F", "header": "Intent of Congress", "nested": [], "links": [ { "text": "16 U.S.C. 1455(e)", "legal-doc": "usc", "parsable-cite": "usc/16/1455" } ] } ], "links": [ { "text": "16 U.S.C. 1451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1451" }, { "text": "16 U.S.C. 1464(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1464" }, { "text": "16 U.S.C. 1455(e)", "legal-doc": "usc", "parsable-cite": "usc/16/1455" } ] }, { "text": "320. Climate change adaptation preparedness and response program \n(a) In general \nThe Secretary shall establish, consistent with the national policies set forth in section 303, a coastal climate change adaptation preparedness and response program to— (1) provide assistance to coastal States to voluntarily develop coastal climate change adaptation plans, pursuant to approved management programs approved under section 306, to minimize contributions to climate change and to prepare for and reduce the negative consequences that may result from climate change in the coastal zone; and (2) provide financial and technical assistance and training to enable coastal States to implement plans developed pursuant to this section through coastal States’ enforceable policies. (b) Coastal climate change adaptation planning and preparedness grants \n(1) In general \nThe Secretary may make a grant to any coastal State for the purpose of developing climate change adaptation plans pursuant to guidelines issued by the Secretary under paragraph (8). (2) Plan content \nA plan developed with a grant under this subsection shall include the following: (A) Identification of public facilities and public services, working waterfronts, coastal resources of national significance, coastal waters, energy facilities, or other land and water uses located in the coastal zone that are likely to be impacted by climate change. (B) Adaptive management strategies for land use to respond or adapt to changing environmental conditions, including strategies to protect biodiversity, protect water quality, and establish habitat buffer zones, migration corridors, and climate refugia. (C) Adaptive management strategies for ocean-based ecosystems and resources, including strategies to plan for and respond to geographic or temporal shifts in marine resources, to create protected areas that will provide climate refugia, and to maintain and restore ocean ecosystem function. (D) Requirements to initiate and maintain long-term monitoring of environmental change to assess coastal zone adaptation and to adjust when necessary adaptive management strategies and new planning guidelines to attain the policies under section 303. (E) Other information considered necessary by the Secretary to identify the full range of climate change impacts affecting coastal communities. (3) State hazard mitigation plans \nPlans developed with a grant under this subsection shall be consistent with State hazard mitigation plans and natural disaster response and recovery programs developed under State or Federal law. (4) Allocation \nGrants under this subsection shall be available only to coastal States with management programs approved by the Secretary under section 306 and shall be allocated among such coastal States in a manner consistent with regulations promulgated pursuant to section 306(c). (5) Priority \nIn the awarding of grants under this subsection, the Secretary may give priority to any coastal State that has received grant funding to develop program changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of section 309(a). (6) Technical assistance \nThe Secretary may provide technical assistance to a coastal State consistent with section 310 to ensure the timely development of plans supported by grants awarded under this subsection. (7) Federal Approval \nIn order to be eligible for a grant under subsection (c), a coastal State must have its plan developed under this subsection approved by the Secretary. (8) Guidelines \nNot later than 180 days after the date of enactment of this section, the Secretary, in consultation with the coastal States, shall issue guidelines for the implementation of the grant program established under this subsection. (c) Coastal climate change adaptation project implementation grants \n(1) In general \nThe Secretary may make grants to any coastal State that has a climate change adaptation plan approved under subsection (b)(7), in order to support projects that implement strategies contained within such plans. (2) Program requirements \nThe Secretary, not later than 90 days after approval of the first plan approved under subsection (b)(7), shall publish in the Federal Register requirements regarding applications, allocations, eligible activities, and all terms and conditions for grants awarded under this subsection. No less than 30 percent, and no more than 50 percent, of the funds appropriated in any fiscal year for grants under this subsection shall be awarded through a merit-based competitive process. (3) Eligible activities \nThe Secretary may award grants to coastal States to implement projects in the coastal zone to address stress factors in order to improve coastal climate change adaptation, including the following: (A) Activities to address physical disturbances within the coastal zone, especially activities related to public facilities and public services, tourism, sedimentation, ocean acidification, and other factors negatively impacting coastal waters. (B) Monitoring, control, or eradication of disease organisms and invasive species. (C) Activities to address the loss, degradation, or fragmentation of wildlife habitat through projects to establish or protect marine and terrestrial habitat buffers, wildlife refugia, other wildlife refuges, or networks thereof, preservation of migratory wildlife corridors and other transition zones, and restoration of fish and wildlife habitat. (D) Projects, with priority given to such projects that use green infrastructure solutions, to reduce, mitigate, or otherwise address likely impacts caused by natural hazards in the coastal zone, including sea level rise, coastal inundation, storm water management, coastal erosion and subsidence, severe weather events such as cyclonic storms, tsunamis and other seismic threats, and fluctuating Great Lakes water levels. (E) Projects to adapt existing infrastructure, including enhancements to both built and natural environments. (F) Provision of technical training and assistance to local coastal policy makers to increase awareness of science, management, and technology information related to climate change and adaptation strategies. (4) Promotion and use of National Estuarine Research Reserves \nThe Secretary shall promote and encourage the use of National Estuarine Research Reserves as sites for pilot or demonstration projects carried out with grants awarded under this section.", "id": "H43BFCF1C0B0245699316B96783975769", "header": "Climate change adaptation preparedness and response program", "nested": [ { "text": "(a) In general \nThe Secretary shall establish, consistent with the national policies set forth in section 303, a coastal climate change adaptation preparedness and response program to— (1) provide assistance to coastal States to voluntarily develop coastal climate change adaptation plans, pursuant to approved management programs approved under section 306, to minimize contributions to climate change and to prepare for and reduce the negative consequences that may result from climate change in the coastal zone; and (2) provide financial and technical assistance and training to enable coastal States to implement plans developed pursuant to this section through coastal States’ enforceable policies.", "id": "H73EFDA6BE32941A3B18BF80849C3F9C2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Coastal climate change adaptation planning and preparedness grants \n(1) In general \nThe Secretary may make a grant to any coastal State for the purpose of developing climate change adaptation plans pursuant to guidelines issued by the Secretary under paragraph (8). (2) Plan content \nA plan developed with a grant under this subsection shall include the following: (A) Identification of public facilities and public services, working waterfronts, coastal resources of national significance, coastal waters, energy facilities, or other land and water uses located in the coastal zone that are likely to be impacted by climate change. (B) Adaptive management strategies for land use to respond or adapt to changing environmental conditions, including strategies to protect biodiversity, protect water quality, and establish habitat buffer zones, migration corridors, and climate refugia. (C) Adaptive management strategies for ocean-based ecosystems and resources, including strategies to plan for and respond to geographic or temporal shifts in marine resources, to create protected areas that will provide climate refugia, and to maintain and restore ocean ecosystem function. (D) Requirements to initiate and maintain long-term monitoring of environmental change to assess coastal zone adaptation and to adjust when necessary adaptive management strategies and new planning guidelines to attain the policies under section 303. (E) Other information considered necessary by the Secretary to identify the full range of climate change impacts affecting coastal communities. (3) State hazard mitigation plans \nPlans developed with a grant under this subsection shall be consistent with State hazard mitigation plans and natural disaster response and recovery programs developed under State or Federal law. (4) Allocation \nGrants under this subsection shall be available only to coastal States with management programs approved by the Secretary under section 306 and shall be allocated among such coastal States in a manner consistent with regulations promulgated pursuant to section 306(c). (5) Priority \nIn the awarding of grants under this subsection, the Secretary may give priority to any coastal State that has received grant funding to develop program changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of section 309(a). (6) Technical assistance \nThe Secretary may provide technical assistance to a coastal State consistent with section 310 to ensure the timely development of plans supported by grants awarded under this subsection. (7) Federal Approval \nIn order to be eligible for a grant under subsection (c), a coastal State must have its plan developed under this subsection approved by the Secretary. (8) Guidelines \nNot later than 180 days after the date of enactment of this section, the Secretary, in consultation with the coastal States, shall issue guidelines for the implementation of the grant program established under this subsection.", "id": "H13C3A11A26234130B42CDB1BBCA469B5", "header": "Coastal climate change adaptation planning and preparedness grants", "nested": [], "links": [] }, { "text": "(c) Coastal climate change adaptation project implementation grants \n(1) In general \nThe Secretary may make grants to any coastal State that has a climate change adaptation plan approved under subsection (b)(7), in order to support projects that implement strategies contained within such plans. (2) Program requirements \nThe Secretary, not later than 90 days after approval of the first plan approved under subsection (b)(7), shall publish in the Federal Register requirements regarding applications, allocations, eligible activities, and all terms and conditions for grants awarded under this subsection. No less than 30 percent, and no more than 50 percent, of the funds appropriated in any fiscal year for grants under this subsection shall be awarded through a merit-based competitive process. (3) Eligible activities \nThe Secretary may award grants to coastal States to implement projects in the coastal zone to address stress factors in order to improve coastal climate change adaptation, including the following: (A) Activities to address physical disturbances within the coastal zone, especially activities related to public facilities and public services, tourism, sedimentation, ocean acidification, and other factors negatively impacting coastal waters. (B) Monitoring, control, or eradication of disease organisms and invasive species. (C) Activities to address the loss, degradation, or fragmentation of wildlife habitat through projects to establish or protect marine and terrestrial habitat buffers, wildlife refugia, other wildlife refuges, or networks thereof, preservation of migratory wildlife corridors and other transition zones, and restoration of fish and wildlife habitat. (D) Projects, with priority given to such projects that use green infrastructure solutions, to reduce, mitigate, or otherwise address likely impacts caused by natural hazards in the coastal zone, including sea level rise, coastal inundation, storm water management, coastal erosion and subsidence, severe weather events such as cyclonic storms, tsunamis and other seismic threats, and fluctuating Great Lakes water levels. (E) Projects to adapt existing infrastructure, including enhancements to both built and natural environments. (F) Provision of technical training and assistance to local coastal policy makers to increase awareness of science, management, and technology information related to climate change and adaptation strategies. (4) Promotion and use of National Estuarine Research Reserves \nThe Secretary shall promote and encourage the use of National Estuarine Research Reserves as sites for pilot or demonstration projects carried out with grants awarded under this section.", "id": "H477F323F6A634225BC22227CA915448A", "header": "Coastal climate change adaptation project implementation grants", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Coastal State Climate Preparedness Act of 2023. 2. Climate change preparedness in the coastal zone (a) In General The Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ) is amended by adding at the end the following: 320. Climate change adaptation preparedness and response program (a) In general The Secretary shall establish, consistent with the national policies set forth in section 303, a coastal climate change adaptation preparedness and response program to— (1) provide assistance to coastal States to voluntarily develop coastal climate change adaptation plans, pursuant to approved management programs approved under section 306, to minimize contributions to climate change and to prepare for and reduce the negative consequences that may result from climate change in the coastal zone; and (2) provide financial and technical assistance and training to enable coastal States to implement plans developed pursuant to this section through coastal States’ enforceable policies. (b) Coastal climate change adaptation planning and preparedness grants (1) In general The Secretary may make a grant to any coastal State for the purpose of developing climate change adaptation plans pursuant to guidelines issued by the Secretary under paragraph (8). (2) Plan content A plan developed with a grant under this subsection shall include the following: (A) Identification of public facilities and public services, working waterfronts, coastal resources of national significance, coastal waters, energy facilities, or other land and water uses located in the coastal zone that are likely to be impacted by climate change. (B) Adaptive management strategies for land use to respond or adapt to changing environmental conditions, including strategies to protect biodiversity, protect water quality, and establish habitat buffer zones, migration corridors, and climate refugia. (C) Adaptive management strategies for ocean-based ecosystems and resources, including strategies to plan for and respond to geographic or temporal shifts in marine resources, to create protected areas that will provide climate refugia, and to maintain and restore ocean ecosystem function. (D) Requirements to initiate and maintain long-term monitoring of environmental change to assess coastal zone adaptation and to adjust when necessary adaptive management strategies and new planning guidelines to attain the policies under section 303. (E) Other information considered necessary by the Secretary to identify the full range of climate change impacts affecting coastal communities. (3) State hazard mitigation plans Plans developed with a grant under this subsection shall be consistent with State hazard mitigation plans and natural disaster response and recovery programs developed under State or Federal law. (4) Allocation Grants under this subsection shall be available only to coastal States with management programs approved by the Secretary under section 306 and shall be allocated among such coastal States in a manner consistent with regulations promulgated pursuant to section 306(c). (5) Priority In the awarding of grants under this subsection, the Secretary may give priority to any coastal State that has received grant funding to develop program changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of section 309(a). (6) Technical assistance The Secretary may provide technical assistance to a coastal State consistent with section 310 to ensure the timely development of plans supported by grants awarded under this subsection. (7) Federal Approval In order to be eligible for a grant under subsection (c), a coastal State must have its plan developed under this subsection approved by the Secretary. (8) Guidelines Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the coastal States, shall issue guidelines for the implementation of the grant program established under this subsection. (c) Coastal climate change adaptation project implementation grants (1) In general The Secretary may make grants to any coastal State that has a climate change adaptation plan approved under subsection (b)(7), in order to support projects that implement strategies contained within such plans. (2) Program requirements The Secretary, not later than 90 days after approval of the first plan approved under subsection (b)(7), shall publish in the Federal Register requirements regarding applications, allocations, eligible activities, and all terms and conditions for grants awarded under this subsection. No less than 30 percent, and no more than 50 percent, of the funds appropriated in any fiscal year for grants under this subsection shall be awarded through a merit-based competitive process. (3) Eligible activities The Secretary may award grants to coastal States to implement projects in the coastal zone to address stress factors in order to improve coastal climate change adaptation, including the following: (A) Activities to address physical disturbances within the coastal zone, especially activities related to public facilities and public services, tourism, sedimentation, ocean acidification, and other factors negatively impacting coastal waters. (B) Monitoring, control, or eradication of disease organisms and invasive species. (C) Activities to address the loss, degradation, or fragmentation of wildlife habitat through projects to establish or protect marine and terrestrial habitat buffers, wildlife refugia, other wildlife refuges, or networks thereof, preservation of migratory wildlife corridors and other transition zones, and restoration of fish and wildlife habitat. (D) Projects, with priority given to such projects that use green infrastructure solutions, to reduce, mitigate, or otherwise address likely impacts caused by natural hazards in the coastal zone, including sea level rise, coastal inundation, storm water management, coastal erosion and subsidence, severe weather events such as cyclonic storms, tsunamis and other seismic threats, and fluctuating Great Lakes water levels. (E) Projects to adapt existing infrastructure, including enhancements to both built and natural environments. (F) Provision of technical training and assistance to local coastal policy makers to increase awareness of science, management, and technology information related to climate change and adaptation strategies. (4) Promotion and use of National Estuarine Research Reserves The Secretary shall promote and encourage the use of National Estuarine Research Reserves as sites for pilot or demonstration projects carried out with grants awarded under this section.. (b) Authorization of Appropriations Section 318(a) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1464(a) ) is amended— (1) by striking and after the semicolon at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following: (3) for grants under section 320, such sums as are necessary.. (c) Intent of Congress None of the amendments made by this section shall be construed to require any coastal State to amend or modify its approved management program pursuant to section 306(e) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455(e) ) or to extend the enforceable policies of a coastal State beyond the coastal zone as identified in the coastal State’s approved management program. 320. Climate change adaptation preparedness and response program (a) In general The Secretary shall establish, consistent with the national policies set forth in section 303, a coastal climate change adaptation preparedness and response program to— (1) provide assistance to coastal States to voluntarily develop coastal climate change adaptation plans, pursuant to approved management programs approved under section 306, to minimize contributions to climate change and to prepare for and reduce the negative consequences that may result from climate change in the coastal zone; and (2) provide financial and technical assistance and training to enable coastal States to implement plans developed pursuant to this section through coastal States’ enforceable policies. (b) Coastal climate change adaptation planning and preparedness grants (1) In general The Secretary may make a grant to any coastal State for the purpose of developing climate change adaptation plans pursuant to guidelines issued by the Secretary under paragraph (8). (2) Plan content A plan developed with a grant under this subsection shall include the following: (A) Identification of public facilities and public services, working waterfronts, coastal resources of national significance, coastal waters, energy facilities, or other land and water uses located in the coastal zone that are likely to be impacted by climate change. (B) Adaptive management strategies for land use to respond or adapt to changing environmental conditions, including strategies to protect biodiversity, protect water quality, and establish habitat buffer zones, migration corridors, and climate refugia. (C) Adaptive management strategies for ocean-based ecosystems and resources, including strategies to plan for and respond to geographic or temporal shifts in marine resources, to create protected areas that will provide climate refugia, and to maintain and restore ocean ecosystem function. (D) Requirements to initiate and maintain long-term monitoring of environmental change to assess coastal zone adaptation and to adjust when necessary adaptive management strategies and new planning guidelines to attain the policies under section 303. (E) Other information considered necessary by the Secretary to identify the full range of climate change impacts affecting coastal communities. (3) State hazard mitigation plans Plans developed with a grant under this subsection shall be consistent with State hazard mitigation plans and natural disaster response and recovery programs developed under State or Federal law. (4) Allocation Grants under this subsection shall be available only to coastal States with management programs approved by the Secretary under section 306 and shall be allocated among such coastal States in a manner consistent with regulations promulgated pursuant to section 306(c). (5) Priority In the awarding of grants under this subsection, the Secretary may give priority to any coastal State that has received grant funding to develop program changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of section 309(a). (6) Technical assistance The Secretary may provide technical assistance to a coastal State consistent with section 310 to ensure the timely development of plans supported by grants awarded under this subsection. (7) Federal Approval In order to be eligible for a grant under subsection (c), a coastal State must have its plan developed under this subsection approved by the Secretary. (8) Guidelines Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the coastal States, shall issue guidelines for the implementation of the grant program established under this subsection. (c) Coastal climate change adaptation project implementation grants (1) In general The Secretary may make grants to any coastal State that has a climate change adaptation plan approved under subsection (b)(7), in order to support projects that implement strategies contained within such plans. (2) Program requirements The Secretary, not later than 90 days after approval of the first plan approved under subsection (b)(7), shall publish in the Federal Register requirements regarding applications, allocations, eligible activities, and all terms and conditions for grants awarded under this subsection. No less than 30 percent, and no more than 50 percent, of the funds appropriated in any fiscal year for grants under this subsection shall be awarded through a merit-based competitive process. (3) Eligible activities The Secretary may award grants to coastal States to implement projects in the coastal zone to address stress factors in order to improve coastal climate change adaptation, including the following: (A) Activities to address physical disturbances within the coastal zone, especially activities related to public facilities and public services, tourism, sedimentation, ocean acidification, and other factors negatively impacting coastal waters. (B) Monitoring, control, or eradication of disease organisms and invasive species. (C) Activities to address the loss, degradation, or fragmentation of wildlife habitat through projects to establish or protect marine and terrestrial habitat buffers, wildlife refugia, other wildlife refuges, or networks thereof, preservation of migratory wildlife corridors and other transition zones, and restoration of fish and wildlife habitat. (D) Projects, with priority given to such projects that use green infrastructure solutions, to reduce, mitigate, or otherwise address likely impacts caused by natural hazards in the coastal zone, including sea level rise, coastal inundation, storm water management, coastal erosion and subsidence, severe weather events such as cyclonic storms, tsunamis and other seismic threats, and fluctuating Great Lakes water levels. (E) Projects to adapt existing infrastructure, including enhancements to both built and natural environments. (F) Provision of technical training and assistance to local coastal policy makers to increase awareness of science, management, and technology information related to climate change and adaptation strategies. (4) Promotion and use of National Estuarine Research Reserves The Secretary shall promote and encourage the use of National Estuarine Research Reserves as sites for pilot or demonstration projects carried out with grants awarded under this section.
13,937
[ "Natural Resources Committee" ]
118hr2748ih
118
hr
2,748
ih
To amend the Fairness to Contact Lens Consumers Act to modernize verification of contact lens prescriptions, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Contact Lens Prescription Verification Modernization Act.", "id": "H1FD748865BAC48ADA9EAE38FED7CFEEA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments \nSection 4 of the Fairness to Contact Lens Consumers Act ( 15 U.S.C. 7603 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by moving such redesignated subparagraphs 2 ems to the right; (C) by striking A seller may and inserting (1) Sellers generally. —A seller may ; and (D) by adding at the end the following new paragraph: (2) Online sellers \nAn online seller of contact lenses shall provide a method that enables an individual to electronically transmit, in accordance with HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) )), a copy of a contact lens prescription for such individual. (3) Encryption required \nAny protected health information (as defined for purposes of the HIPAA privacy regulation) that an online seller sends pursuant to this section by email shall be encrypted. ; (2) in subsection (c)(6), by striking and telephone number and inserting the following: , telephone number, and email address ; and (3) in subsection (g), by striking the period at the end and inserting the following: but does not include a call made using an artificial or prerecorded voice..", "id": "H6B6A4D6DD7CC455B9CFCACFF0249CAE6", "header": "Amendments", "nested": [], "links": [ { "text": "15 U.S.C. 7603", "legal-doc": "usc", "parsable-cite": "usc/15/7603" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" } ] } ]
2
1. Short title This Act may be cited as the Contact Lens Prescription Verification Modernization Act. 2. Amendments Section 4 of the Fairness to Contact Lens Consumers Act ( 15 U.S.C. 7603 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by moving such redesignated subparagraphs 2 ems to the right; (C) by striking A seller may and inserting (1) Sellers generally. —A seller may ; and (D) by adding at the end the following new paragraph: (2) Online sellers An online seller of contact lenses shall provide a method that enables an individual to electronically transmit, in accordance with HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) )), a copy of a contact lens prescription for such individual. (3) Encryption required Any protected health information (as defined for purposes of the HIPAA privacy regulation) that an online seller sends pursuant to this section by email shall be encrypted. ; (2) in subsection (c)(6), by striking and telephone number and inserting the following: , telephone number, and email address ; and (3) in subsection (g), by striking the period at the end and inserting the following: but does not include a call made using an artificial or prerecorded voice..
1,342
[ "Energy and Commerce Committee" ]
118hr2483ih
118
hr
2,483
ih
To amend the Elementary and Secondary Education Act of 1965 to strengthen school security.
[ { "text": "1. Short title \nThis Act may be cited as the School Security Enhancement Act.", "id": "HBE78C6D0486D4619871038C81D78E073", "header": "Short title", "nested": [], "links": [] }, { "text": "2. School security \nSection 4104 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7114 ) is amended— (1) in subsection (b)(3)(B)— (A) in clause (iii), by striking and at the end; and (B) by inserting after clause (iv) the following: (v) improving school conditions for student learning, by enabling local educational agencies to use funds available under subsection (a)(3) for the purpose of planning and designing school buildings and facilities, installing infrastructure, and implementing technology or other measures, that strengthen security on school premises, which may include— (I) controlling access to school premises or facilities, through the use of metal detectors, or other measures, or technology, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available), in accordance with the needs of the school; (II) implementing any technology or measure, or installing any infrastructure, to cover and conceal students within the school during crisis situations; (III) implementing technology to provide notification to relevant law enforcement and first responders during such a situation; (IV) implementing any technology or measure, including hiring school security officers, or installing any infrastructure, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available) to increase the safety of school students and staff; (V) implementing any technology or measure, or installing any infrastructure, for school safety reinforcement, including bullet-resistant doors and windows; and (VI) implementing any technology or system that would reduce the time needed to disseminate official information to parents regarding the safety of their children during and immediately following a crisis; and ; and (2) by adding at the end the following: (d) Rules of construction \n(1) No funds to provide firearms or training \nNo amounts provided as a grant under this part may be used for the provision to any person of a firearm or training in the use of a firearm. (2) No effect on other laws \nNothing in this part may be construed to preclude or contradict any other provision of law authorizing the provision of firearms or training in the use of firearms..", "id": "H555EF6F2BB5A4532A0FE26BDF1146558", "header": "School security", "nested": [], "links": [ { "text": "20 U.S.C. 7114", "legal-doc": "usc", "parsable-cite": "usc/20/7114" } ] } ]
2
1. Short title This Act may be cited as the School Security Enhancement Act. 2. School security Section 4104 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7114 ) is amended— (1) in subsection (b)(3)(B)— (A) in clause (iii), by striking and at the end; and (B) by inserting after clause (iv) the following: (v) improving school conditions for student learning, by enabling local educational agencies to use funds available under subsection (a)(3) for the purpose of planning and designing school buildings and facilities, installing infrastructure, and implementing technology or other measures, that strengthen security on school premises, which may include— (I) controlling access to school premises or facilities, through the use of metal detectors, or other measures, or technology, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available), in accordance with the needs of the school; (II) implementing any technology or measure, or installing any infrastructure, to cover and conceal students within the school during crisis situations; (III) implementing technology to provide notification to relevant law enforcement and first responders during such a situation; (IV) implementing any technology or measure, including hiring school security officers, or installing any infrastructure, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available) to increase the safety of school students and staff; (V) implementing any technology or measure, or installing any infrastructure, for school safety reinforcement, including bullet-resistant doors and windows; and (VI) implementing any technology or system that would reduce the time needed to disseminate official information to parents regarding the safety of their children during and immediately following a crisis; and ; and (2) by adding at the end the following: (d) Rules of construction (1) No funds to provide firearms or training No amounts provided as a grant under this part may be used for the provision to any person of a firearm or training in the use of a firearm. (2) No effect on other laws Nothing in this part may be construed to preclude or contradict any other provision of law authorizing the provision of firearms or training in the use of firearms..
2,380
[ "Education and the Workforce Committee" ]
118hr4037ih
118
hr
4,037
ih
To amend title 49, United States Code, with respect to submissions of certain Employee Assault Prevention and Response Plans, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Airline Employee Assault Prevention Act.", "id": "H6434C5691D694DE3BFDD57F52C2546D6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Implementation of employee assault prevention and response plans \n(a) In general \nSection 551(a) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note) is amended by inserting of the Federal Aviation Administration and the Administrator of the Transportation Security Administration after Administrator. (b) Notice and cure \nNot later than 90 days after the date of enactment of this Act, air carriers described in subsection (a) of section 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note) shall comply with the requirements of such subsection with respect to submission to the Administrator of the Transportation Security Administration. (c) Report to Congress \nNot later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in consultation with the Administrator of the Transportation Security Administration, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on all the Employee Assault Prevention and Response Plans submitted pursuant to section 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note), to date, listed by each air carrier described in subsection (a) of such section.", "id": "H9B8586125CF0465FA5554CA7FB9C4D6E", "header": "Implementation of employee assault prevention and response plans", "nested": [ { "text": "(a) In general \nSection 551(a) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note) is amended by inserting of the Federal Aviation Administration and the Administrator of the Transportation Security Administration after Administrator.", "id": "HCF494F75F51C424080D29942570C1D66", "header": "In general", "nested": [], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "(b) Notice and cure \nNot later than 90 days after the date of enactment of this Act, air carriers described in subsection (a) of section 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note) shall comply with the requirements of such subsection with respect to submission to the Administrator of the Transportation Security Administration.", "id": "HEF4837EE3E8147D39D7698468EE7BDFF", "header": "Notice and cure", "nested": [], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "(c) Report to Congress \nNot later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in consultation with the Administrator of the Transportation Security Administration, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on all the Employee Assault Prevention and Response Plans submitted pursuant to section 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note), to date, listed by each air carrier described in subsection (a) of such section.", "id": "H0DAD12AB0E5F41ED8C2342D6206C4826", "header": "Report to Congress", "nested": [], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] } ], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" }, { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" }, { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "3. Clarification regarding passenger service agents \nSection 46503 of title 49, United States Code, is amended by inserting , including employees performing ticketing, check-in or baggage claim, or boarding functions, after air carrier employee.", "id": "HD40D7221B20E498DAA88EEDB1CD1C57F", "header": "Clarification regarding passenger service agents", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Airline Employee Assault Prevention Act. 2. Implementation of employee assault prevention and response plans (a) In general Section 551(a) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note) is amended by inserting of the Federal Aviation Administration and the Administrator of the Transportation Security Administration after Administrator. (b) Notice and cure Not later than 90 days after the date of enactment of this Act, air carriers described in subsection (a) of section 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note) shall comply with the requirements of such subsection with respect to submission to the Administrator of the Transportation Security Administration. (c) Report to Congress Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in consultation with the Administrator of the Transportation Security Administration, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on all the Employee Assault Prevention and Response Plans submitted pursuant to section 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note), to date, listed by each air carrier described in subsection (a) of such section. 3. Clarification regarding passenger service agents Section 46503 of title 49, United States Code, is amended by inserting , including employees performing ticketing, check-in or baggage claim, or boarding functions, after air carrier employee.
1,649
[ "Transportation and Infrastructure Committee" ]
118hr805ih
118
hr
805
ih
To establish the Office of High-Risk AFO Disaster Mitigation and Enforcement in the Department of Agriculture, and for other purposes.
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Industrial Agriculture Accountability Act of 2023. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Sec. 3. Findings. TITLE I—High-risk AFO disaster mitigation and enforcement Sec. 101. Definitions. Subtitle A—Department of Agriculture Sec. 111. Office of High-Risk AFO Disaster Mitigation and Enforcement. Sec. 112. Registration of high-risk AFOs. Sec. 113. Covered industrial operator responsibilities and liabilities. Sec. 114. Restriction on certain methods of depopulation. Sec. 115. Reports. Sec. 116. Civil actions. Subtitle B—Department of Labor Sec. 121. Definitions. Sec. 122. Minimum labor standards for covered workers and affected contract growers. Sec. 123. Prohibition on the use of incarcerated workers. TITLE II—Grant and pilot programs Sec. 201. Definitions. Sec. 202. Controlled-atmosphere stunning transition program. Sec. 203. Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities. TITLE III—Humane handling reforms Subtitle A—Transport Sec. 311. Transportation of livestock and poultry. Sec. 312. Higher-welfare transport research funding. Subtitle B—Nonambulatory livestock Sec. 321. Unlawful slaughter practices involving nonambulatory livestock. Sec. 322. Unlawful use of drugs contributing to nonambulatory conditions. Sec. 323. Inclusion of poultry in Humane Methods of Slaughter Act. Subtitle C—Inspections Sec. 331. Definitions. Sec. 332. Ending dangerous higher-speed slaughter and self-inspection systems. Sec. 333. Funding for additional OSHA inspectors. Sec. 334. Funding for additional FSIS inspectors.", "id": "HB82ABAC96B13491BB3D3DCF341052AED", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Industrial Agriculture Accountability Act of 2023.", "id": "HD9848818A50A4FC88D43E65E4ED14571", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Sec. 3. Findings. TITLE I—High-risk AFO disaster mitigation and enforcement Sec. 101. Definitions. Subtitle A—Department of Agriculture Sec. 111. Office of High-Risk AFO Disaster Mitigation and Enforcement. Sec. 112. Registration of high-risk AFOs. Sec. 113. Covered industrial operator responsibilities and liabilities. Sec. 114. Restriction on certain methods of depopulation. Sec. 115. Reports. Sec. 116. Civil actions. Subtitle B—Department of Labor Sec. 121. Definitions. Sec. 122. Minimum labor standards for covered workers and affected contract growers. Sec. 123. Prohibition on the use of incarcerated workers. TITLE II—Grant and pilot programs Sec. 201. Definitions. Sec. 202. Controlled-atmosphere stunning transition program. Sec. 203. Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities. TITLE III—Humane handling reforms Subtitle A—Transport Sec. 311. Transportation of livestock and poultry. Sec. 312. Higher-welfare transport research funding. Subtitle B—Nonambulatory livestock Sec. 321. Unlawful slaughter practices involving nonambulatory livestock. Sec. 322. Unlawful use of drugs contributing to nonambulatory conditions. Sec. 323. Inclusion of poultry in Humane Methods of Slaughter Act. Subtitle C—Inspections Sec. 331. Definitions. Sec. 332. Ending dangerous higher-speed slaughter and self-inspection systems. Sec. 333. Funding for additional OSHA inspectors. Sec. 334. Funding for additional FSIS inspectors.", "id": "HC813666747C34EF8ADC74F8847D59FCE", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definition of Secretary \nIn this Act, the term Secretary means the Secretary of Agriculture.", "id": "HE15229B7CD2542509682480F160095C1", "header": "Definition of Secretary", "nested": [], "links": [] }, { "text": "3. Findings \nCongress finds that— (1) factory farms owned or controlled by industrial operators— (A) lack systemic resilience; (B) present significant risks, particularly in the event of a disaster; and (C) negatively impact— (i) farmed animals, who suffer tremendously from cruel depopulation methods and without meaningful disaster mitigation efforts; (ii) meat and poultry processing workers, who are subjected to exploitative conditions and abusive behavior by employers in depopulation situations— (I) including— (aa) being required to spend long hours, over days or weeks, mass-killing farmed animals; and (bb) being terminated following the completion of a depopulation event, without financial support; and (II) that lead to long-term psychological impacts, including increased feelings of anger and stress; and (iii) neighboring communities and the environment, including through— (I) flood waters overrunning manure lagoons resulting in ecological degradation in the form of soil, surface, and groundwater contamination; (II) algae blooms; and (III) wildlife population crashes; (2) (A) since 2019, more than 60,000,000 poultry and 10,000,000 swine have been depopulated; and (B) those massive cullings are often conducted using incredibly inhumane practices including ventilation shutdown, ventilation shutdown plus, sodium nitrite poisoning, and water-based foaming (as those terms are defined in section 114(a)); (3) since 2019, industrial operators put slaughterhouse workers in jeopardy and cost taxpayers millions of dollars; (4) industrial operators continue to experience record profits, including a 300-percent growth in profits during the COVID–19 pandemic; (5) industrial operators have created a system that allows for the inhumane handling of nonambulatory livestock (as defined in section 3(a) of Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 )) that causes needless suffering, unsafe working conditions, and the spread of foodborne and zoonotic diseases; (6) industrial operators have abused the use of certain drugs that increase the risk of livestock becoming nonambulatory livestock (as so defined); (7) slaughterhouse deregulation and decreased Federal oversight of meat and poultry slaughter pose significant risks to workers, consumers, and animals; (8) Federal humane slaughter laws currently exempt 98 percent of animals slaughtered for food; (9) current Federal animal transport laws are ineffective and inherently cruel; and (10) Federal support is needed to create a level playing field for farmers engaged in higher-welfare practices who are struggling to compete in a highly monopolized market controlled by industrial operators.", "id": "H8C6014579C754150996D7FFFA159B636", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 85–765", "legal-doc": "public-law", "parsable-cite": "pl/85/765" } ] }, { "text": "101. Definitions \nIn this title: (1) Animal feeding operation; AFO \n(A) In general \nThe term animal feeding operation or AFO means a single lot or facility at which— (i) for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are— (I) stabled or confined; and (II) fed or maintained; and (ii) crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. (B) Multiple lots \nFor purposes of subparagraph (A), 2 or more lots or facilities described in that subparagraph shall be considered to be a single animal feeding operation if the lots or facilities— (i) are located within 3 miles of each other; and (ii) are under common ownership or control. (C) Exclusion \nThe term animal feeding operation or AFO does not include a pasture-based livestock or poultry production system in which animals— (i) are primarily raised on pasture, grassland, or other vegetative environments; (ii) have the ability to exercise species-specific natural behaviors; and (iii) have access to appropriate shelter, healthy vegetation, potable water, and adequate protection from predators. (2) Covered industrial operator \nThe term covered industrial operator means an individual or entity that owns or controls not less than the following number of livestock or poultry, as applicable, that are housed in an AFO at a single point in time: (A) 2,500 swine. (B) 30,000 turkeys or ducks. (C) 82,000 laying hens or broilers. (3) Depopulation \nThe term depopulation means the rapid destruction of a population of animals in response to urgent circumstances. (4) Disaster event \nThe term disaster event means— (A) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); (B) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); (C) a disaster designated by the Secretary pursuant to part 759 of title 7, Code of Federal Regulations (or successor regulations); and (D) a quarantine designated by the Secretary pursuant to the Plant Protection Act ( 7 U.S.C. 7701 et seq. ) or animal quarantine laws. (5) High-Risk AFO \nThe term high-risk AFO means an AFO that houses livestock or poultry owned or controlled by a covered industrial operator. (6) Office \nThe term Office means the Office of High-Risk AFO Disaster Mitigation and Enforcement established under section 111.", "id": "H09001FC1CFD54BE4A757731A2A0429F9", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" }, { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" }, { "text": "7 U.S.C. 7701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/7701" } ] }, { "text": "111. Office of High-Risk AFO Disaster Mitigation and Enforcement \nThe Secretary shall establish an office within the Department of Agriculture, to be known as the Office of High-Risk AFO Disaster Mitigation and Enforcement , which shall carry out or enforce, as applicable, sections 112 through 115.", "id": "HEDC0F8CBD9B54E55BE9FEAE11EEF022D", "header": "Office of High-Risk AFO Disaster Mitigation and Enforcement", "nested": [], "links": [] }, { "text": "112. Registration of high-risk AFOs \n(a) Registration requirement \n(1) In general \nA covered industrial operator shall be required to register with the Office prior to selling, buying, or transferring livestock, poultry, or any product derived from livestock or poultry across State lines. (2) Information \nIn registering with the Office under paragraph (1), a covered industrial operator shall submit to the Office— (A) identifying information about the covered industrial operator, including the location, animal type, and peak inventory animal totals for all high-risk AFOs owned or controlled by the covered industrial operator; and (B) a standard disaster mitigation plan that includes— (i) a description of the type, location, and extent of all potential disaster events that can affect livestock or poultry housed in a high-risk AFO, including information on previous occurrences of disaster events and the probability of future disaster events; (ii) a plan to ensure that animals do not go without necessary resources such as shelter, food, and water during an extreme weather event; (iii) a plan to increase flexibility and resiliency, including— (I) identifying ways to house animals past their intended slaughter date; and (II) alternative slaughter and processing arrangements, including contracting with small-scale Department of Agriculture, State-certified, or mobile operations with existing capacity, in the event of supply chain disruptions; (iv) a plan for accessing necessary resources, personal protective equipment, and labor to carry out depopulation in ways that most rapidly render animals unconscious in the event that depopulation is unavoidable; (v) a plan for disposal of any deceased animals that— (I) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (II) does not rely on unlined burial or onsite incineration; and (vi) other information, as determined appropriate by the Secretary. (3) Annual submission \nA covered industrial operator that is registered with the Office pursuant to this subsection shall submit to the Office the information described in paragraph (2) on an annual basis. (4) Restricted funds for plan \nA covered industrial operator shall not, in developing a standard disaster mitigation plan described in paragraph (2)(B), use any Federal funds, including funds provided under the environmental quality incentive program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq. ). (b) Disaster mitigation maintenance fee \n(1) In general \nA covered industrial operator registered under subsection (a) shall pay to the Office an annual fee by January 15 of each year for each high-risk AFO owned or controlled by the covered industrial operator. (2) Total amount of fees \nThe amount of the fee required under paragraph (1)— (A) shall be determined by the Secretary in a manner that will ensure that the total amount of fees collected for each fiscal year shall sufficiently fund the activities of the Office for that fiscal year; but (B) shall not be less than $1 per animal unit (as defined by the Administrator of the Environmental Protection Agency) for each fiscal year. (3) Restriction \nA covered industrial operator may not reduce wages or grower payments in order to derive the amount of the fee required under paragraph (1). (c) High-Risk AFO Disaster Mitigation and Enforcement Fund \n(1) Establishment \nThere is established in the Treasury of the United States a fund, to be known as the High-Risk AFO Disaster Mitigation and Enforcement Fund (referred to in this subsection as the Fund ). (2) Source; use \nAll moneys derived from fees collected by the Office under subsection (b) shall be deposited in the Fund and made available to the Secretary, without fiscal year limitation, to offset costs relating to— (A) the administrative costs associated with operating the Office and technical assistance offered by staff of the Office; (B) creating the national stockpile pursuant to section 114(c)(2); (C) enforcement actions against covered industrial operators that do not comply with this subtitle; and (D) any other activities determined by the Secretary.", "id": "H219B13B624B349908D7F0BB3B6813561", "header": "Registration of high-risk AFOs", "nested": [ { "text": "(a) Registration requirement \n(1) In general \nA covered industrial operator shall be required to register with the Office prior to selling, buying, or transferring livestock, poultry, or any product derived from livestock or poultry across State lines. (2) Information \nIn registering with the Office under paragraph (1), a covered industrial operator shall submit to the Office— (A) identifying information about the covered industrial operator, including the location, animal type, and peak inventory animal totals for all high-risk AFOs owned or controlled by the covered industrial operator; and (B) a standard disaster mitigation plan that includes— (i) a description of the type, location, and extent of all potential disaster events that can affect livestock or poultry housed in a high-risk AFO, including information on previous occurrences of disaster events and the probability of future disaster events; (ii) a plan to ensure that animals do not go without necessary resources such as shelter, food, and water during an extreme weather event; (iii) a plan to increase flexibility and resiliency, including— (I) identifying ways to house animals past their intended slaughter date; and (II) alternative slaughter and processing arrangements, including contracting with small-scale Department of Agriculture, State-certified, or mobile operations with existing capacity, in the event of supply chain disruptions; (iv) a plan for accessing necessary resources, personal protective equipment, and labor to carry out depopulation in ways that most rapidly render animals unconscious in the event that depopulation is unavoidable; (v) a plan for disposal of any deceased animals that— (I) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (II) does not rely on unlined burial or onsite incineration; and (vi) other information, as determined appropriate by the Secretary. (3) Annual submission \nA covered industrial operator that is registered with the Office pursuant to this subsection shall submit to the Office the information described in paragraph (2) on an annual basis. (4) Restricted funds for plan \nA covered industrial operator shall not, in developing a standard disaster mitigation plan described in paragraph (2)(B), use any Federal funds, including funds provided under the environmental quality incentive program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq. ).", "id": "H9D0C33906C9341108E2FA129DC4CA4B1", "header": "Registration requirement", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa" } ] }, { "text": "(b) Disaster mitigation maintenance fee \n(1) In general \nA covered industrial operator registered under subsection (a) shall pay to the Office an annual fee by January 15 of each year for each high-risk AFO owned or controlled by the covered industrial operator. (2) Total amount of fees \nThe amount of the fee required under paragraph (1)— (A) shall be determined by the Secretary in a manner that will ensure that the total amount of fees collected for each fiscal year shall sufficiently fund the activities of the Office for that fiscal year; but (B) shall not be less than $1 per animal unit (as defined by the Administrator of the Environmental Protection Agency) for each fiscal year. (3) Restriction \nA covered industrial operator may not reduce wages or grower payments in order to derive the amount of the fee required under paragraph (1).", "id": "H20269B95493A4E61908433F43CC2B82D", "header": "Disaster mitigation maintenance fee", "nested": [], "links": [] }, { "text": "(c) High-Risk AFO Disaster Mitigation and Enforcement Fund \n(1) Establishment \nThere is established in the Treasury of the United States a fund, to be known as the High-Risk AFO Disaster Mitigation and Enforcement Fund (referred to in this subsection as the Fund ). (2) Source; use \nAll moneys derived from fees collected by the Office under subsection (b) shall be deposited in the Fund and made available to the Secretary, without fiscal year limitation, to offset costs relating to— (A) the administrative costs associated with operating the Office and technical assistance offered by staff of the Office; (B) creating the national stockpile pursuant to section 114(c)(2); (C) enforcement actions against covered industrial operators that do not comply with this subtitle; and (D) any other activities determined by the Secretary.", "id": "H0DECA8D13A2E4F71B8DF05BAF93F40CF", "header": "High-Risk AFO Disaster Mitigation and Enforcement Fund", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 3839aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa" } ] }, { "text": "113. Covered industrial operator responsibilities and liabilities \nA covered industrial operator shall be responsible and liable for, with respect to each high-risk AFO owned or controlled by the covered industrial operator, all costs associated with activities related to disaster events or depopulation of livestock or poultry, including— (1) procuring resources for depopulation of livestock or poultry, including from the national stockpile described in section 114(c)(2); (2) disposal of deceased animals that— (A) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (B) does not rely on unlined burial or onsite incineration; (3) compensation for contract growers and workers, as provided in subtitle B; (4) compensation for any adverse health impacts, property value diminution, and loss of use and enjoyment of property suffered by neighboring residents of the high-risk AFO; and (5) other costs determined by the Secretary.", "id": "H59D0B060E6364B3E973F7E7DB38FDAAC", "header": "Covered industrial operator responsibilities and liabilities", "nested": [], "links": [] }, { "text": "114. Restriction on certain methods of depopulation \n(a) Definitions \nIn this section: (1) Restricted practice \nThe term restricted practice means— (A) sodium nitrite poisoning; (B) ventilation shutdown; (C) ventilation shutdown plus; (D) water-based foaming; and (E) any other method identified by the Secretary. (2) Sodium nitrite poisoning \nThe term sodium nitrite poisoning means a method of animal depopulation that involves feeding the toxic substance sodium nitrite to animals, causing changes to the blood that prevent delivery of oxygen to tissues and result in prolonged respiratory distress prior to loss of consciousness. (3) Ventilation shutdown \nThe term ventilation shutdown means a method of animal depopulation that involves sealing a building in which animals are confined, shutting inlets, and turning off fans in order to raise the temperature in the building until the animals die from hyperthermia or hypoxia, including ventilation shutdown plus. (4) Ventilation shutdown plus \nThe term ventilation shutdown plus means a ventilation shutdown method that involves the use of additional heat or humidity. (5) Water-based foaming \nThe term water-based foaming means a method of animal depopulation that involves pumping foam concentrate combined with water into a building in which animals are confined until the animals die from hypoxia. (b) Restrictions; civil penalty \nNotwithstanding any other provision of law, beginning 1 year after the date of enactment of this Act, a covered industrial operator that uses 1 or more restricted practices for any event of depopulation of livestock or poultry on a high-risk AFO owned or controlled by the covered industrial operator, as determined by the Office— (1) shall not be eligible for any Federal contract for a period of 10 years beginning on that date; (2) shall not be eligible for inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) or the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), as applicable, for a period of 10 years beginning on that date; and (3) shall be assessed a civil penalty of up to $1,000 per animal per act of depopulation, with consideration given to the appropriateness of the penalty with respect to the gravity of the violation and the good faith of the covered industrial operator. (c) Standards and resources \nNot later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule— (1) to establish depopulation standards that rapidly induce unconsciousness and death with minimal pain and distress; and (2) to coordinate a national stockpile of resources— (A) to carry out depopulation activities during a disaster event in a way that rapidly induces unconsciousness and death of the animals with minimal pain and distress; and (B) using funds from the High-Risk AFO Disaster Mitigation and Enforcement Fund established by section 112(c)(1).", "id": "HA7F79F2797A84F55A69B50397FBBA25F", "header": "Restriction on certain methods of depopulation", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Restricted practice \nThe term restricted practice means— (A) sodium nitrite poisoning; (B) ventilation shutdown; (C) ventilation shutdown plus; (D) water-based foaming; and (E) any other method identified by the Secretary. (2) Sodium nitrite poisoning \nThe term sodium nitrite poisoning means a method of animal depopulation that involves feeding the toxic substance sodium nitrite to animals, causing changes to the blood that prevent delivery of oxygen to tissues and result in prolonged respiratory distress prior to loss of consciousness. (3) Ventilation shutdown \nThe term ventilation shutdown means a method of animal depopulation that involves sealing a building in which animals are confined, shutting inlets, and turning off fans in order to raise the temperature in the building until the animals die from hyperthermia or hypoxia, including ventilation shutdown plus. (4) Ventilation shutdown plus \nThe term ventilation shutdown plus means a ventilation shutdown method that involves the use of additional heat or humidity. (5) Water-based foaming \nThe term water-based foaming means a method of animal depopulation that involves pumping foam concentrate combined with water into a building in which animals are confined until the animals die from hypoxia.", "id": "HBB2317ECA0F14BC695E1AEEEB14C6D37", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Restrictions; civil penalty \nNotwithstanding any other provision of law, beginning 1 year after the date of enactment of this Act, a covered industrial operator that uses 1 or more restricted practices for any event of depopulation of livestock or poultry on a high-risk AFO owned or controlled by the covered industrial operator, as determined by the Office— (1) shall not be eligible for any Federal contract for a period of 10 years beginning on that date; (2) shall not be eligible for inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) or the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), as applicable, for a period of 10 years beginning on that date; and (3) shall be assessed a civil penalty of up to $1,000 per animal per act of depopulation, with consideration given to the appropriateness of the penalty with respect to the gravity of the violation and the good faith of the covered industrial operator.", "id": "HC99ABB32E61C4C13AC63499F28B3C9C9", "header": "Restrictions; civil penalty", "nested": [], "links": [ { "text": "21 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/601" }, { "text": "21 U.S.C. 451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/451" } ] }, { "text": "(c) Standards and resources \nNot later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule— (1) to establish depopulation standards that rapidly induce unconsciousness and death with minimal pain and distress; and (2) to coordinate a national stockpile of resources— (A) to carry out depopulation activities during a disaster event in a way that rapidly induces unconsciousness and death of the animals with minimal pain and distress; and (B) using funds from the High-Risk AFO Disaster Mitigation and Enforcement Fund established by section 112(c)(1).", "id": "H0FA5063E44A447FE91AB4CAEF40AC2F4", "header": "Standards and resources", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/601" }, { "text": "21 U.S.C. 451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/451" } ] }, { "text": "115. Reports \n(a) Reports to Secretary \nNot later than 3 business days after completing any depopulation of any animals, a covered industrial operator performing or requiring such depopulation shall submit to the Secretary a report on that depopulation instance that specifies— (1) the 1 or more dates on which, and location at which, the depopulation and disposal of the animals occurred; (2) the total number, species, breed, and intended product of the depopulated animals; (3) the depopulation and disposal methods utilized; (4) any monitoring, testing, or sampling protocol put in place to monitor releases of environmental contaminants from the disposal location; (5) a summary of any assets utilized or received from the national stockpile established pursuant to section 114(c)(2), as applicable; (6) documentation of compliance or noncompliance with the standard disaster mitigation plan described in section 112(a)(2)(B) of the covered industrial operator; and (7) the cost associated with the depopulation and disposal, including labor. (b) Publicly searchable database \nThe Secretary, acting through the Office, shall develop and make publicly available an electronically searchable and sortable online database that contains information— (1) reported under subsection (a); and (2) submitted by covered industrial operators registering under section 112.", "id": "HF74BEE26C93944B893125FF4E82EF4A2", "header": "Reports", "nested": [ { "text": "(a) Reports to Secretary \nNot later than 3 business days after completing any depopulation of any animals, a covered industrial operator performing or requiring such depopulation shall submit to the Secretary a report on that depopulation instance that specifies— (1) the 1 or more dates on which, and location at which, the depopulation and disposal of the animals occurred; (2) the total number, species, breed, and intended product of the depopulated animals; (3) the depopulation and disposal methods utilized; (4) any monitoring, testing, or sampling protocol put in place to monitor releases of environmental contaminants from the disposal location; (5) a summary of any assets utilized or received from the national stockpile established pursuant to section 114(c)(2), as applicable; (6) documentation of compliance or noncompliance with the standard disaster mitigation plan described in section 112(a)(2)(B) of the covered industrial operator; and (7) the cost associated with the depopulation and disposal, including labor.", "id": "H391258A371134C83A0687D2833196222", "header": "Reports to Secretary", "nested": [], "links": [] }, { "text": "(b) Publicly searchable database \nThe Secretary, acting through the Office, shall develop and make publicly available an electronically searchable and sortable online database that contains information— (1) reported under subsection (a); and (2) submitted by covered industrial operators registering under section 112.", "id": "H9648FE5D8FDF4424815020EA1A5B665D", "header": "Publicly searchable database", "nested": [], "links": [] } ], "links": [] }, { "text": "116. Civil actions \n(a) In general \nAny person may— (1) bring a civil action against a covered industrial operator or the Secretary in an appropriate court to redress any violation of this subtitle or any other law relating to the activities described in this subtitle; and (2) obtain appropriate relief in that civil action, including equitable relief and compensatory damages. (b) 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 described in subsection (a).", "id": "H6ACAF668E22441C585E4A9391368AA61", "header": "Civil actions", "nested": [ { "text": "(a) In general \nAny person may— (1) bring a civil action against a covered industrial operator or the Secretary in an appropriate court to redress any violation of this subtitle or any other law relating to the activities described in this subtitle; and (2) obtain appropriate relief in that civil action, including equitable relief and compensatory damages.", "id": "HC7A8E64BE4EC4F08BCFC13F8DCF93E84", "header": "In general", "nested": [], "links": [] }, { "text": "(b) 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 described in subsection (a).", "id": "H0E314969D5094587876960DE5677F7D9", "header": "Attorney's fees for plaintiff", "nested": [], "links": [] } ], "links": [] }, { "text": "121. Definitions \nIn this subtitle: (1) Affected contract grower \nThe term affected contract grower means an owner of an AFO— (A) that raises livestock or poultry pursuant to a written contract, marketing arrangement, or other arrangement, with a covered industrial operator; and (B) whose AFO is impacted by a disaster mitigation event. (2) Affected contractor \nThe term affected contractor means an individual or entity that supplies, either with or without a contract, a covered industrial operator with a worker to perform labor directly or indirectly related to a disaster mitigation event. (3) Covered worker \n(A) In general \nThe term covered worker — (i) means an employee who performs labor in connection with a disaster mitigation event for a covered industrial operator; and (ii) includes any employee of an affected contract grower, or of another affected contractor, of a covered industrial operator. (B) Additional terms \nIn this paragraph, the term employee means an individual performing any labor for a covered industrial operator, including through an affected contract grower or other affected contractor, unless— (i) the individual is free from control and direction in connection with the performance of the labor, both under the contract for the performance of labor and in fact; (ii) the labor is performed outside the usual course of the business of the covered industrial operator; and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the labor performed. (4) Disaster mitigation event \nThe term disaster mitigation event means a disaster event affecting a covered industrial operator that triggers activities described in the disaster mitigation plan submitted by the covered industrial operator under section 112(a)(2)(B).", "id": "H4D1D6F6E064F4D04A3C29F95E70FBEFE", "header": "Definitions", "nested": [], "links": [] }, { "text": "122. Minimum labor standards for covered workers and affected contract growers \n(a) Applicability \nA covered industrial operator that employs or contracts with covered workers, affected contract growers, or other affected contractors related to a disaster mitigation event shall comply with the labor standards described in subsection (b). (b) Labor standards \nThe labor standards described in this subsection are the following: (1) Whistleblower protections \nA covered industrial operator shall not discharge, cause to be discharged, or in any other manner discriminate against any covered worker or affected contract grower because such covered worker or affected contract grower— (A) has filed any complaint or instituted or caused to be instituted any proceeding under or related to this section; or (B) has testified or is about to testify in any such proceeding. (2) Health insurance requirement \nDuring a disaster mitigation event and for a period of not less than 2 years following the disaster mitigation event, the covered industrial operator shall offer each covered worker and affected contract grower of the covered industrial operator a health plan that provides coverage that is at least equivalent to coverage provided by an essential health benefits package (as defined in subsection (a) of section 1302 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022 )) at the silver level of coverage (as defined in subsection (d)(1)(B) of such section), regardless of their employment status or contract with the covered industrial operator. Such covered industrial operator shall pay the full premium amount for such health plan for each such covered worker or affected contract grower who elects to enroll in such plan. (3) Severance pay for covered workers \nIn the case of a disaster mitigation event, the covered industrial operator shall provide any covered worker terminated by the covered industrial operator, or by an affected contract grower or other affected contractor of the covered industrial operator impacted by the disaster mitigation event, during the 60-day period following the disaster mitigation event with 12 weeks of severance pay, at a weekly rate equal to the average weekly earnings of the covered worker during the disaster mitigation event. (4) Lost revenue for affected contract growers \nIn any case in which a covered industrial operator terminates the contract of an affected contract grower following a disaster mitigation event, the covered industrial operator shall provide an amount of lost revenue to the affected contract grower equal to the affected contract grower’s revenue from the covered operator during the preceding 180 days. (c) Enforcement by the Secretary of Labor \n(1) General authority \nThe Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of this section in the same manner that the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of sections 6, 7, and 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 , 207, and 215(a)(3)), including such Secretary’s authority to supervise payment of wages and compensation under section 16(c) of such Act ( 29 U.S.C. 216(c) ). (2) Civil penalties \nThe Secretary of Labor may assess a civil penalty against a covered industrial operator that violates any provision of this section. (3) Monitoring compliance \nNot later than 90 days after the date of enactment of this Act, the Secretary of Labor shall— (A) develop a process to monitor compliance with the standards under this section that requires covered industrial operators to provide information to demonstrate such compliance; and (B) issue rules to determine penalties for noncompliance with this section. (4) Notification of Office \nThe Secretary of Labor shall notify the Office of any covered industrial operator that is determined to be noncompliant with the requirements of this section. (d) Right of action for violations \n(1) Private right of action for violations \nAn action to recover damages or obtain relief prescribed in paragraph (2) may be maintained against any covered industrial operator in any Federal or State court of competent jurisdiction by 1 or more covered workers or affected contract growers for and on behalf of themselves and other similarly situated covered workers or affected contract growers. (2) Liability \n(A) In general \nA covered industrial operator who violates this section shall be liable to each covered worker or affected contract grower that is aggrieved by the violation for— (i) damages in the amount of unpaid wages, salary, overtime compensation, or other compensation denied or lost by reason of the violation; and (ii) an additional equal amount as liquidated damages. (B) Attorney’s fees and costs \nIn a civil action brought under paragraph (1) in which the plaintiff prevails, the court shall award the plaintiff reasonable attorney’s fees and costs of the action. (3) Enforcement by the Secretary of Labor \nThe Secretary of Labor may bring an action in any court of competent jurisdiction to recover damages or obtain relief described in paragraph (2) on behalf of a covered worker or affected contract grower aggrieved by a violation of this section.", "id": "H6935D4969BDA4EBDB561FF5D429622B9", "header": "Minimum labor standards for covered workers and affected contract growers", "nested": [ { "text": "(a) Applicability \nA covered industrial operator that employs or contracts with covered workers, affected contract growers, or other affected contractors related to a disaster mitigation event shall comply with the labor standards described in subsection (b).", "id": "H6C2B32905BA941838790BE0512C6C4DE", "header": "Applicability", "nested": [], "links": [] }, { "text": "(b) Labor standards \nThe labor standards described in this subsection are the following: (1) Whistleblower protections \nA covered industrial operator shall not discharge, cause to be discharged, or in any other manner discriminate against any covered worker or affected contract grower because such covered worker or affected contract grower— (A) has filed any complaint or instituted or caused to be instituted any proceeding under or related to this section; or (B) has testified or is about to testify in any such proceeding. (2) Health insurance requirement \nDuring a disaster mitigation event and for a period of not less than 2 years following the disaster mitigation event, the covered industrial operator shall offer each covered worker and affected contract grower of the covered industrial operator a health plan that provides coverage that is at least equivalent to coverage provided by an essential health benefits package (as defined in subsection (a) of section 1302 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022 )) at the silver level of coverage (as defined in subsection (d)(1)(B) of such section), regardless of their employment status or contract with the covered industrial operator. Such covered industrial operator shall pay the full premium amount for such health plan for each such covered worker or affected contract grower who elects to enroll in such plan. (3) Severance pay for covered workers \nIn the case of a disaster mitigation event, the covered industrial operator shall provide any covered worker terminated by the covered industrial operator, or by an affected contract grower or other affected contractor of the covered industrial operator impacted by the disaster mitigation event, during the 60-day period following the disaster mitigation event with 12 weeks of severance pay, at a weekly rate equal to the average weekly earnings of the covered worker during the disaster mitigation event. (4) Lost revenue for affected contract growers \nIn any case in which a covered industrial operator terminates the contract of an affected contract grower following a disaster mitigation event, the covered industrial operator shall provide an amount of lost revenue to the affected contract grower equal to the affected contract grower’s revenue from the covered operator during the preceding 180 days.", "id": "HD8474361EDDA4BC0BE58E5ABF8360736", "header": "Labor standards", "nested": [], "links": [ { "text": "42 U.S.C. 18022", "legal-doc": "usc", "parsable-cite": "usc/42/18022" } ] }, { "text": "(c) Enforcement by the Secretary of Labor \n(1) General authority \nThe Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of this section in the same manner that the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of sections 6, 7, and 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 , 207, and 215(a)(3)), including such Secretary’s authority to supervise payment of wages and compensation under section 16(c) of such Act ( 29 U.S.C. 216(c) ). (2) Civil penalties \nThe Secretary of Labor may assess a civil penalty against a covered industrial operator that violates any provision of this section. (3) Monitoring compliance \nNot later than 90 days after the date of enactment of this Act, the Secretary of Labor shall— (A) develop a process to monitor compliance with the standards under this section that requires covered industrial operators to provide information to demonstrate such compliance; and (B) issue rules to determine penalties for noncompliance with this section. (4) Notification of Office \nThe Secretary of Labor shall notify the Office of any covered industrial operator that is determined to be noncompliant with the requirements of this section.", "id": "H48329D95C25F4468AE84493B2CB36CDC", "header": "Enforcement by the Secretary of Labor", "nested": [], "links": [ { "text": "29 U.S.C. 206", "legal-doc": "usc", "parsable-cite": "usc/29/206" }, { "text": "29 U.S.C. 216(c)", "legal-doc": "usc", "parsable-cite": "usc/29/216" } ] }, { "text": "(d) Right of action for violations \n(1) Private right of action for violations \nAn action to recover damages or obtain relief prescribed in paragraph (2) may be maintained against any covered industrial operator in any Federal or State court of competent jurisdiction by 1 or more covered workers or affected contract growers for and on behalf of themselves and other similarly situated covered workers or affected contract growers. (2) Liability \n(A) In general \nA covered industrial operator who violates this section shall be liable to each covered worker or affected contract grower that is aggrieved by the violation for— (i) damages in the amount of unpaid wages, salary, overtime compensation, or other compensation denied or lost by reason of the violation; and (ii) an additional equal amount as liquidated damages. (B) Attorney’s fees and costs \nIn a civil action brought under paragraph (1) in which the plaintiff prevails, the court shall award the plaintiff reasonable attorney’s fees and costs of the action. (3) Enforcement by the Secretary of Labor \nThe Secretary of Labor may bring an action in any court of competent jurisdiction to recover damages or obtain relief described in paragraph (2) on behalf of a covered worker or affected contract grower aggrieved by a violation of this section.", "id": "HA165D8F5251F4C0CB29DAFE31EF7605A", "header": "Right of action for violations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 18022", "legal-doc": "usc", "parsable-cite": "usc/42/18022" }, { "text": "29 U.S.C. 206", "legal-doc": "usc", "parsable-cite": "usc/29/206" }, { "text": "29 U.S.C. 216(c)", "legal-doc": "usc", "parsable-cite": "usc/29/216" } ] }, { "text": "123. Prohibition on the use of incarcerated workers \nNotwithstanding any other provision of law, a covered industrial operator that the Secretary of Labor determines entered into a contract, on or after the date of enactment of this Act, with any entity to utilize incarcerated workers to perform labor related to a disaster mitigation event shall not be eligible for— (1) any Federal contracts for a period of 10 years beginning on the date of the determination; and (2) inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) or the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), as applicable, for a period of 10 years beginning on that date.", "id": "HBF5D860067344ABFAF79DC4B14F87B20", "header": "Prohibition on the use of incarcerated workers", "nested": [], "links": [ { "text": "21 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/601" }, { "text": "21 U.S.C. 451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/451" } ] }, { "text": "201. Definitions \nIn this title: (1) Controlled-atmosphere stunning \nThe term controlled-atmosphere stunning means rendering poultry unconscious through exposure to a mixture of gas (nitrogen and argon or concentrations of carbon dioxide) before slaughter. (2) Eligible processing facility \nThe term eligible processing facility means an eligible facility described in section 764 of division N of the Consolidated Appropriations Act, 2021 ( 21 U.S.C. 473 ), that has a labor peace agreement in place. (3) Labor peace agreement \nThe term labor peace agreement means an agreement— (A) between an employer and a labor organization that represents, or is actively seeking to represent as of the date on which the labor peace agreement is entered, the employees of the employer; and (B) under which such employer and such labor organization agree that— (i) the employer will not— (I) hinder any effort of an employee to join a labor organization; or (II) take any action that directly or indirectly indicates or implies any opposition to an employee joining a labor organization; (ii) the labor organization will refrain from picketing, work stoppages, or boycotts against the employer; (iii) the employer will— (I) provide the labor organization with employee contact information; and (II) facilitate or permit labor organization access to employees at the workplace, including facilitating or permitting the labor organization to meet with employees to discuss joining the labor organization; and (iv) the employer will, upon the request of the labor organization, recognize the labor organization as the bargaining representative of the employees if a majority of the employees choose the labor organization as their bargaining representative. (4) Live-shackle slaughter \nThe term live-shackle slaughter means the method of stunning poultry before slaughter by shackling the poultry upside down by their legs and moving the poultry through electrified baths meant to render the poultry unconscious.", "id": "HE72C0EA12C4544259E3868E247555743", "header": "Definitions", "nested": [], "links": [ { "text": "21 U.S.C. 473", "legal-doc": "usc", "parsable-cite": "usc/21/473" } ] }, { "text": "202. Controlled-atmosphere stunning transition program \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish a transition program to award grants to eligible processing facilities that process poultry to transition from live-shackle slaughter to controlled-atmosphere stunning. (b) Eligibility \nAs a condition of receipt of a grant under subsection (a), an eligible processing facility shall not, for a period of 10 years following the date of receipt of the grant, sell a slaughter or processing facility to, or merge the slaughter or processing facility with, a packer that owns more than 10 percent of the market share of meat and poultry markets. (c) Funding \nThere is appropriated, out of any funds in the Treasury not otherwise appropriated, $750,000,000 to the Secretary to carry out this section.", "id": "H6631E8440658434F800E5D175A5DBDB2", "header": "Controlled-atmosphere stunning transition program", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish a transition program to award grants to eligible processing facilities that process poultry to transition from live-shackle slaughter to controlled-atmosphere stunning.", "id": "HD671127C8F9B47019FAC4D297AED35A1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligibility \nAs a condition of receipt of a grant under subsection (a), an eligible processing facility shall not, for a period of 10 years following the date of receipt of the grant, sell a slaughter or processing facility to, or merge the slaughter or processing facility with, a packer that owns more than 10 percent of the market share of meat and poultry markets.", "id": "H2ED7542D51354AC9B67D7C7F4D410589", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Funding \nThere is appropriated, out of any funds in the Treasury not otherwise appropriated, $750,000,000 to the Secretary to carry out this section.", "id": "H5983C0BD861D4F6BAE35F9CF54716878", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "203. Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities \n(a) In general \nThe Secretary shall carry out a 5-year pilot program within the Meat and Poultry Inspection Division of the Food Safety and Inspection Service— (1) to expand the availability of processing inspectors, technical assistance, and onsite inspection for eligible processing facilities, including no-cost overtime inspections; and (2) to identify and train part-time inspectors and technical assistance providers. (b) Professional experience \nThe Secretary shall determine the appropriate professional experience of inspectors and providers described in subsection (a)(2), which shall include individuals with expertise in veterinary medicine, public health, food service management, and animal science, as applicable. (c) Funding \nThere is authorized to be appropriated to the Secretary not less than $50,000,000 to carry out this section.", "id": "HE32CCE8E53184DC691021F1680944EF9", "header": "Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities", "nested": [ { "text": "(a) In general \nThe Secretary shall carry out a 5-year pilot program within the Meat and Poultry Inspection Division of the Food Safety and Inspection Service— (1) to expand the availability of processing inspectors, technical assistance, and onsite inspection for eligible processing facilities, including no-cost overtime inspections; and (2) to identify and train part-time inspectors and technical assistance providers.", "id": "HAA4AF9767C474A31990A1C07C450097A", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Professional experience \nThe Secretary shall determine the appropriate professional experience of inspectors and providers described in subsection (a)(2), which shall include individuals with expertise in veterinary medicine, public health, food service management, and animal science, as applicable.", "id": "H43D03C733F0F450FB3B5E2F6FDCC31C0", "header": "Professional experience", "nested": [], "links": [] }, { "text": "(c) Funding \nThere is authorized to be appropriated to the Secretary not less than $50,000,000 to carry out this section.", "id": "H9E2BE75648B2445FB078EC0D0CFD6AF7", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "311. Transportation of livestock and poultry \n(a) Transportation lasting more than 8 hours \n(1) In general \nSection 80502 of title 49, United States Code, is amended— (A) in subsection (a)(1), by striking a rail carrier and all that follows through territory or possession, and inserting a covered provider of transportation ; (B) in subsection (b)— (i) in paragraph (3), by striking subsection (a) of this section and inserting subsection (b) ; (ii) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (iii) in the matter preceding subparagraph (A) (as so redesignated), in the third sentence— (I) by striking the rail carrier and all that follows through a vessel and inserting the covered provider of transportation ; and (II) by striking When the animals and inserting the following: (3) Responsibility of covered provider of transportation \nWhen the animals ; (iv) in the matter preceding paragraph (3) (as so designated), in the second sentence, by striking The owner and inserting the following: (2) Responsibility of owner or person having custody \nThe owner ; and (v) in the matter preceding paragraph (2) (as so designated), by striking Animals being and inserting the following: (1) In general \nAnimals being ; (C) in subsection (d)— (i) in the second sentence, by striking On learning and inserting the following: (2) Civil action \nOn learning ; and (ii) in the first sentence, by striking A rail carrier and all that follows through a vessel and inserting the following: (1) In general \nA covered provider of transportation ; (D) by redesignating subsections (a) through (d) as subsections (b), (c), (g), and (f), respectively, and moving the subsections so as to appear in alphabetical order; (E) by inserting before subsection (b) (as so redesignated) the following: (a) Definitions \nIn this section: (1) Covered industrial operator \n(A) In general \nThe term covered industrial operator means an individual or entity that owns or controls a quantity of livestock or poultry that is not less than the quantity described in subparagraph (B) for the applicable livestock or poultry. (B) Quantity of livestock or poultry in AFOs \nThe quantity of livestock or poultry referred to in subparagraph (A) is 1 or more of the following quantities of livestock or poultry housed in 1 or more Animal Feeding Operations at a single point in time: (i) 2,500 swine. (ii) 30,000 turkeys or ducks. (iii) 82,000 laying hens or broilers. (2) Covered provider of transportation \n(A) In general \nThe term covered provider of transportation means an individual or entity described in subparagraph (B) that is transporting animals from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession of the United States. (B) Individuals and entities described \nAn individual or entity referred to in subparagraph (A) is— (i) a rail carrier, express carrier, or common carrier (except by air or water); (ii) a receiver, trustee, or lessee of a carrier described in clause (i); or (iii) an owner or master of a vessel. (3) Secretary \nThe term Secretary means the Secretary of Agriculture. ; and (F) by inserting after subsection (c) (as so redesignated) the following: (d) Transportation lasting more than 8 hours \n(1) In general \nIn any case in which animals are transported by a covered provider of transportation on behalf of a covered industrial operator for a period lasting, or expected to last, more than 8 consecutive hours, the covered provider of transportation transporting the animals shall ensure that— (A) the means of transport provides adequate protection of the animals from high winds, rain, and snow; (B) any livestock or poultry are provided with appropriate bedding or equivalent material that— (i) prevents slipping; (ii) ensures a level of comfort appropriate to— (I) the species of the livestock or poultry; (II) the number of animals being transported; (III) the duration of the period of transportation; and (IV) the weather; and (iii) provides adequate absorption of urine and feces; (C) the animals are not overcrowded during transport, including by complying with the regulations promulgated under paragraph (2); (D) the means of transport is equipped with a water supply that ensures that each animal has access to water in a manner and quantity appropriate to the species and size of the animal; (E) watering devices on the means of transport are— (i) in good working order; (ii) appropriately designed; and (iii) positioned appropriately for the species of animal to be watered during transport; and (F) the animals are not transported when the temperature within the means of transport cannot be maintained between 40 degrees Fahrenheit and 86 degrees Fahrenheit. (2) Rulemaking \n(A) In general \nThe Secretary shall promulgate regulations setting species-specific space allowances during periods of transportation lasting more than 8 hours. (B) Requirements \nThe regulations promulgated under subparagraph (A) shall ensure that each species of animal has enough space— (i) to turn around; (ii) to lie down; and (iii) to fully extend the limbs of the animal. (e) Recordkeeping \n(1) In general \nEach covered industrial operator shall maintain records of all livestock transported by the covered industrial operator. (2) Production of records \nA covered industrial operator shall provide the records maintained under paragraph (1) to the Secretary on request.. (2) Effective date \nThe amendments made by paragraph (1) take effect on the date that is 1 year after the date of enactment of this Act. (3) Rulemaking \nNot later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by paragraph (1). (b) Modification of 28-Hour rule \n(1) In general \nSection 80502 of title 49, United States Code (as amended by subsection (a)), is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) by striking (1) Except as provided and inserting the following: (1) In general \nExcept as otherwise provided ; and (II) by striking 28 and inserting 8 ; (ii) by striking paragraph (2) and inserting the following: (2) Exceptions \n(A) In general \nAnimals may be confined for more than 8 hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful. (B) Sheep \nSheep may be confined for an additional 8 consecutive hours without being unloaded when the 8-hour period of confinement described in paragraph (1) ends at night. ; and (iii) in paragraph (3), by striking (3) Time and inserting the following: (3) Loading and unloading \nTime ; and (B) by striking subsection (g). (2) Effective date \nThe amendments made by paragraph (1) take effect on the date that is 10 years after the date of enactment of this Act.", "id": "HC99CA8A61D71499A9DDF752BA9D390D5", "header": "Transportation of livestock and poultry", "nested": [ { "text": "(a) Transportation lasting more than 8 hours \n(1) In general \nSection 80502 of title 49, United States Code, is amended— (A) in subsection (a)(1), by striking a rail carrier and all that follows through territory or possession, and inserting a covered provider of transportation ; (B) in subsection (b)— (i) in paragraph (3), by striking subsection (a) of this section and inserting subsection (b) ; (ii) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (iii) in the matter preceding subparagraph (A) (as so redesignated), in the third sentence— (I) by striking the rail carrier and all that follows through a vessel and inserting the covered provider of transportation ; and (II) by striking When the animals and inserting the following: (3) Responsibility of covered provider of transportation \nWhen the animals ; (iv) in the matter preceding paragraph (3) (as so designated), in the second sentence, by striking The owner and inserting the following: (2) Responsibility of owner or person having custody \nThe owner ; and (v) in the matter preceding paragraph (2) (as so designated), by striking Animals being and inserting the following: (1) In general \nAnimals being ; (C) in subsection (d)— (i) in the second sentence, by striking On learning and inserting the following: (2) Civil action \nOn learning ; and (ii) in the first sentence, by striking A rail carrier and all that follows through a vessel and inserting the following: (1) In general \nA covered provider of transportation ; (D) by redesignating subsections (a) through (d) as subsections (b), (c), (g), and (f), respectively, and moving the subsections so as to appear in alphabetical order; (E) by inserting before subsection (b) (as so redesignated) the following: (a) Definitions \nIn this section: (1) Covered industrial operator \n(A) In general \nThe term covered industrial operator means an individual or entity that owns or controls a quantity of livestock or poultry that is not less than the quantity described in subparagraph (B) for the applicable livestock or poultry. (B) Quantity of livestock or poultry in AFOs \nThe quantity of livestock or poultry referred to in subparagraph (A) is 1 or more of the following quantities of livestock or poultry housed in 1 or more Animal Feeding Operations at a single point in time: (i) 2,500 swine. (ii) 30,000 turkeys or ducks. (iii) 82,000 laying hens or broilers. (2) Covered provider of transportation \n(A) In general \nThe term covered provider of transportation means an individual or entity described in subparagraph (B) that is transporting animals from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession of the United States. (B) Individuals and entities described \nAn individual or entity referred to in subparagraph (A) is— (i) a rail carrier, express carrier, or common carrier (except by air or water); (ii) a receiver, trustee, or lessee of a carrier described in clause (i); or (iii) an owner or master of a vessel. (3) Secretary \nThe term Secretary means the Secretary of Agriculture. ; and (F) by inserting after subsection (c) (as so redesignated) the following: (d) Transportation lasting more than 8 hours \n(1) In general \nIn any case in which animals are transported by a covered provider of transportation on behalf of a covered industrial operator for a period lasting, or expected to last, more than 8 consecutive hours, the covered provider of transportation transporting the animals shall ensure that— (A) the means of transport provides adequate protection of the animals from high winds, rain, and snow; (B) any livestock or poultry are provided with appropriate bedding or equivalent material that— (i) prevents slipping; (ii) ensures a level of comfort appropriate to— (I) the species of the livestock or poultry; (II) the number of animals being transported; (III) the duration of the period of transportation; and (IV) the weather; and (iii) provides adequate absorption of urine and feces; (C) the animals are not overcrowded during transport, including by complying with the regulations promulgated under paragraph (2); (D) the means of transport is equipped with a water supply that ensures that each animal has access to water in a manner and quantity appropriate to the species and size of the animal; (E) watering devices on the means of transport are— (i) in good working order; (ii) appropriately designed; and (iii) positioned appropriately for the species of animal to be watered during transport; and (F) the animals are not transported when the temperature within the means of transport cannot be maintained between 40 degrees Fahrenheit and 86 degrees Fahrenheit. (2) Rulemaking \n(A) In general \nThe Secretary shall promulgate regulations setting species-specific space allowances during periods of transportation lasting more than 8 hours. (B) Requirements \nThe regulations promulgated under subparagraph (A) shall ensure that each species of animal has enough space— (i) to turn around; (ii) to lie down; and (iii) to fully extend the limbs of the animal. (e) Recordkeeping \n(1) In general \nEach covered industrial operator shall maintain records of all livestock transported by the covered industrial operator. (2) Production of records \nA covered industrial operator shall provide the records maintained under paragraph (1) to the Secretary on request.. (2) Effective date \nThe amendments made by paragraph (1) take effect on the date that is 1 year after the date of enactment of this Act. (3) Rulemaking \nNot later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by paragraph (1).", "id": "HB70BB28C21DB4B8F8AA905DD6FA27DAD", "header": "Transportation lasting more than 8 hours", "nested": [], "links": [] }, { "text": "(b) Modification of 28-Hour rule \n(1) In general \nSection 80502 of title 49, United States Code (as amended by subsection (a)), is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) by striking (1) Except as provided and inserting the following: (1) In general \nExcept as otherwise provided ; and (II) by striking 28 and inserting 8 ; (ii) by striking paragraph (2) and inserting the following: (2) Exceptions \n(A) In general \nAnimals may be confined for more than 8 hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful. (B) Sheep \nSheep may be confined for an additional 8 consecutive hours without being unloaded when the 8-hour period of confinement described in paragraph (1) ends at night. ; and (iii) in paragraph (3), by striking (3) Time and inserting the following: (3) Loading and unloading \nTime ; and (B) by striking subsection (g). (2) Effective date \nThe amendments made by paragraph (1) take effect on the date that is 10 years after the date of enactment of this Act.", "id": "HC9A71C9A1C1941F98341E3F45BBBDB46", "header": "Modification of 28-Hour rule", "nested": [], "links": [] } ], "links": [] }, { "text": "312. Higher-welfare transport research funding \n(a) Definitions \nIn this section: (1) Eligible research institution \nThe term eligible research institution means— (A) an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 )); (B) an 1890 Institution (as defined in that section); (C) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )); (D) a non-land-grant college of agriculture (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )) that has a demonstrable capacity to conduct livestock or poultry research, as determined by the Secretary; (E) Hispanic-serving agricultural colleges and universities (as defined in that section); and (F) a center of excellence recognized under section 1673 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5926 ). (2) Higher-welfare transport \nThe term higher-welfare transport means the handling, loading, and transport mechanisms by which livestock and poultry are transported, at any time, which take into account animal welfare and species-specific requirements to ensure that— (A) animal welfare is maintained throughout transport; and (B) animals are spared unnecessary distress or injury. (b) Grant program \nThe Secretary shall establish a program to provide grants to eligible research institutions to study higher-welfare transport. (c) Applications \nTo be eligible for a grant under this section, an eligible research institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Requirements \nIn carrying out the program established under subsection (b), the Secretary shall ensure that none of the grant funding may be used to perform any experiment that would not comply with current transport law. (e) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2024 through 2026.", "id": "H58E02AF6D0164977B7363ED08F6D9D19", "header": "Higher-welfare transport research funding", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Eligible research institution \nThe term eligible research institution means— (A) an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 )); (B) an 1890 Institution (as defined in that section); (C) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )); (D) a non-land-grant college of agriculture (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )) that has a demonstrable capacity to conduct livestock or poultry research, as determined by the Secretary; (E) Hispanic-serving agricultural colleges and universities (as defined in that section); and (F) a center of excellence recognized under section 1673 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5926 ). (2) Higher-welfare transport \nThe term higher-welfare transport means the handling, loading, and transport mechanisms by which livestock and poultry are transported, at any time, which take into account animal welfare and species-specific requirements to ensure that— (A) animal welfare is maintained throughout transport; and (B) animals are spared unnecessary distress or injury.", "id": "HD56715EE1C0E49DABA2EAE7858A87923", "header": "Definitions", "nested": [], "links": [ { "text": "7 U.S.C. 7601", "legal-doc": "usc", "parsable-cite": "usc/7/7601" }, { "text": "7 U.S.C. 301", "legal-doc": "usc", "parsable-cite": "usc/7/301" }, { "text": "Public Law 103–382", "legal-doc": "public-law", "parsable-cite": "pl/103/382" }, { "text": "7 U.S.C. 3103", "legal-doc": "usc", "parsable-cite": "usc/7/3103" }, { "text": "7 U.S.C. 5926", "legal-doc": "usc", "parsable-cite": "usc/7/5926" } ] }, { "text": "(b) Grant program \nThe Secretary shall establish a program to provide grants to eligible research institutions to study higher-welfare transport.", "id": "H2613E85CFEEB416D9594AE857009F8F0", "header": "Grant program", "nested": [], "links": [] }, { "text": "(c) Applications \nTo be eligible for a grant under this section, an eligible research institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.", "id": "H3398AC4D9DAC443F9D40C8A7B3D43764", "header": "Applications", "nested": [], "links": [] }, { "text": "(d) Requirements \nIn carrying out the program established under subsection (b), the Secretary shall ensure that none of the grant funding may be used to perform any experiment that would not comply with current transport law.", "id": "H2039E6277F2C4B2BB7BAAB4D69F3CFC2", "header": "Requirements", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2024 through 2026.", "id": "HB78199774B0E4B28931B86B7C13770C1", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 7601", "legal-doc": "usc", "parsable-cite": "usc/7/7601" }, { "text": "7 U.S.C. 301", "legal-doc": "usc", "parsable-cite": "usc/7/301" }, { "text": "Public Law 103–382", "legal-doc": "public-law", "parsable-cite": "pl/103/382" }, { "text": "7 U.S.C. 3103", "legal-doc": "usc", "parsable-cite": "usc/7/3103" }, { "text": "7 U.S.C. 5926", "legal-doc": "usc", "parsable-cite": "usc/7/5926" } ] }, { "text": "321. Unlawful slaughter practices involving nonambulatory livestock \n(a) In general \nPublic Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) is amended by inserting after section 2 ( 7 U.S.C. 1902 ) the following: 3. Nonambulatory livestock \n(a) Definitions \nIn this section: (1) Covered entity \nThe term covered entity means— (A) a stockyard; (B) a market agency; (C) a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 )); (D) a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 201 )); (E) a slaughter facility; and (F) an establishment. (2) Establishment \nThe term establishment means an establishment that is subject to inspection pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ). (3) Humanely euthanize \nThe term humanely euthanize means to immediately render an animal unconscious by mechanical, chemical, or other means, with the unconscious state remaining until the death of the animal. (4) Nonambulatory livestock \nThe term nonambulatory livestock means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. (5) Secretary \nThe term Secretary means the Secretary of Agriculture. (b) Humane treatment, handling, and disposition \nThe Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory livestock by covered entities, including requirements for covered entities— (1) to immediately humanely euthanize nonambulatory livestock when the livestock becomes nonambulatory livestock, subject to subsection (c); and (2) (A) to have written policies and procedures in place, and proper equipment, relating to the humane handling, euthanization, and disposition of all nonambulatory livestock; (B) to maintain records of all nonambulatory livestock; and (C) to electronically submit those written policies and procedures and records to the Administrator of the Food Safety and Inspection Service. (c) Humane euthanasia \n(1) In general \nThe Secretary shall promulgate regulations specifying— (A) the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory livestock required under the regulations promulgated under subsection (b); and (B) processes for ensuring effective enforcement of the use of those methods. (2) Disease testing \nThe regulations promulgated under subsection (b) shall not limit the ability of the Secretary to test nonambulatory livestock for a disease. (d) Transacting or processing \nA covered entity shall not— (1) buy or sell a nonambulatory animal; or (2) process, butcher, or sell meat or products of nonambulatory livestock. (e) Records \nThe Administrator of the Food Safety and Inspection Service shall maintain all documents submitted by covered entities pursuant to the regulations under subsection (b).. (b) Inspection of nonambulatory livestock; labeling \nSection 6 of the Federal Meat Inspection Act ( 21 U.S.C. 606 ) is amended by adding at the end the following: (c) Inspection of nonambulatory livestock; labeling \n(1) Definition of nonambulatory livestock \nIn this subsection, the term nonambulatory livestock means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. (2) Inspection \nIt shall be unlawful for an inspector at an establishment subject to inspection under this Act to pass through inspection any nonambulatory livestock or carcass (including parts of a carcass) of nonambulatory livestock. (3) Labeling \nAn inspector or other employee of an establishment described in paragraph (2) shall label, mark, stamp, or tag as inspected and condemned any carcass (including parts of a carcass) of nonambulatory livestock.. (c) Effective date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Regulations \nNot later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by subsections (a) and (b).", "id": "H607EB7DC37EB42298C5E58ACBE354034", "header": "Unlawful slaughter practices involving nonambulatory livestock", "nested": [ { "text": "(a) In general \nPublic Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) is amended by inserting after section 2 ( 7 U.S.C. 1902 ) the following: 3. Nonambulatory livestock \n(a) Definitions \nIn this section: (1) Covered entity \nThe term covered entity means— (A) a stockyard; (B) a market agency; (C) a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 )); (D) a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 201 )); (E) a slaughter facility; and (F) an establishment. (2) Establishment \nThe term establishment means an establishment that is subject to inspection pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ). (3) Humanely euthanize \nThe term humanely euthanize means to immediately render an animal unconscious by mechanical, chemical, or other means, with the unconscious state remaining until the death of the animal. (4) Nonambulatory livestock \nThe term nonambulatory livestock means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. (5) Secretary \nThe term Secretary means the Secretary of Agriculture. (b) Humane treatment, handling, and disposition \nThe Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory livestock by covered entities, including requirements for covered entities— (1) to immediately humanely euthanize nonambulatory livestock when the livestock becomes nonambulatory livestock, subject to subsection (c); and (2) (A) to have written policies and procedures in place, and proper equipment, relating to the humane handling, euthanization, and disposition of all nonambulatory livestock; (B) to maintain records of all nonambulatory livestock; and (C) to electronically submit those written policies and procedures and records to the Administrator of the Food Safety and Inspection Service. (c) Humane euthanasia \n(1) In general \nThe Secretary shall promulgate regulations specifying— (A) the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory livestock required under the regulations promulgated under subsection (b); and (B) processes for ensuring effective enforcement of the use of those methods. (2) Disease testing \nThe regulations promulgated under subsection (b) shall not limit the ability of the Secretary to test nonambulatory livestock for a disease. (d) Transacting or processing \nA covered entity shall not— (1) buy or sell a nonambulatory animal; or (2) process, butcher, or sell meat or products of nonambulatory livestock. (e) Records \nThe Administrator of the Food Safety and Inspection Service shall maintain all documents submitted by covered entities pursuant to the regulations under subsection (b)..", "id": "H0EE90D7E0B724CF6B00C0662E4BC2DCB", "header": "In general", "nested": [], "links": [ { "text": "7 U.S.C. 1902", "legal-doc": "usc", "parsable-cite": "usc/7/1902" }, { "text": "7 U.S.C. 191", "legal-doc": "usc", "parsable-cite": "usc/7/191" }, { "text": "7 U.S.C. 201", "legal-doc": "usc", "parsable-cite": "usc/7/201" }, { "text": "21 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/601" } ] }, { "text": "(b) Inspection of nonambulatory livestock; labeling \nSection 6 of the Federal Meat Inspection Act ( 21 U.S.C. 606 ) is amended by adding at the end the following: (c) Inspection of nonambulatory livestock; labeling \n(1) Definition of nonambulatory livestock \nIn this subsection, the term nonambulatory livestock means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. (2) Inspection \nIt shall be unlawful for an inspector at an establishment subject to inspection under this Act to pass through inspection any nonambulatory livestock or carcass (including parts of a carcass) of nonambulatory livestock. (3) Labeling \nAn inspector or other employee of an establishment described in paragraph (2) shall label, mark, stamp, or tag as inspected and condemned any carcass (including parts of a carcass) of nonambulatory livestock..", "id": "H3E00749A56AC49BBAB2807564A61C61C", "header": "Inspection of nonambulatory livestock; labeling", "nested": [], "links": [ { "text": "21 U.S.C. 606", "legal-doc": "usc", "parsable-cite": "usc/21/606" } ] }, { "text": "(c) Effective date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Regulations \nNot later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by subsections (a) and (b).", "id": "H0CDD7D3CCC93459B8A6ED13A6116CC8C", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 1902", "legal-doc": "usc", "parsable-cite": "usc/7/1902" }, { "text": "7 U.S.C. 191", "legal-doc": "usc", "parsable-cite": "usc/7/191" }, { "text": "7 U.S.C. 201", "legal-doc": "usc", "parsable-cite": "usc/7/201" }, { "text": "21 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/601" }, { "text": "21 U.S.C. 606", "legal-doc": "usc", "parsable-cite": "usc/21/606" } ] }, { "text": "3. Nonambulatory livestock \n(a) Definitions \nIn this section: (1) Covered entity \nThe term covered entity means— (A) a stockyard; (B) a market agency; (C) a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 )); (D) a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 201 )); (E) a slaughter facility; and (F) an establishment. (2) Establishment \nThe term establishment means an establishment that is subject to inspection pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ). (3) Humanely euthanize \nThe term humanely euthanize means to immediately render an animal unconscious by mechanical, chemical, or other means, with the unconscious state remaining until the death of the animal. (4) Nonambulatory livestock \nThe term nonambulatory livestock means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. (5) Secretary \nThe term Secretary means the Secretary of Agriculture. (b) Humane treatment, handling, and disposition \nThe Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory livestock by covered entities, including requirements for covered entities— (1) to immediately humanely euthanize nonambulatory livestock when the livestock becomes nonambulatory livestock, subject to subsection (c); and (2) (A) to have written policies and procedures in place, and proper equipment, relating to the humane handling, euthanization, and disposition of all nonambulatory livestock; (B) to maintain records of all nonambulatory livestock; and (C) to electronically submit those written policies and procedures and records to the Administrator of the Food Safety and Inspection Service. (c) Humane euthanasia \n(1) In general \nThe Secretary shall promulgate regulations specifying— (A) the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory livestock required under the regulations promulgated under subsection (b); and (B) processes for ensuring effective enforcement of the use of those methods. (2) Disease testing \nThe regulations promulgated under subsection (b) shall not limit the ability of the Secretary to test nonambulatory livestock for a disease. (d) Transacting or processing \nA covered entity shall not— (1) buy or sell a nonambulatory animal; or (2) process, butcher, or sell meat or products of nonambulatory livestock. (e) Records \nThe Administrator of the Food Safety and Inspection Service shall maintain all documents submitted by covered entities pursuant to the regulations under subsection (b).", "id": "HDC989795F72B40CEADF1F6C2E1127F70", "header": "Nonambulatory livestock", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Covered entity \nThe term covered entity means— (A) a stockyard; (B) a market agency; (C) a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 )); (D) a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 201 )); (E) a slaughter facility; and (F) an establishment. (2) Establishment \nThe term establishment means an establishment that is subject to inspection pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ). (3) Humanely euthanize \nThe term humanely euthanize means to immediately render an animal unconscious by mechanical, chemical, or other means, with the unconscious state remaining until the death of the animal. (4) Nonambulatory livestock \nThe term nonambulatory livestock means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. (5) Secretary \nThe term Secretary means the Secretary of Agriculture.", "id": "HD5E51F825D05449994ECB34313005E9E", "header": "Definitions", "nested": [], "links": [ { "text": "7 U.S.C. 191", "legal-doc": "usc", "parsable-cite": "usc/7/191" }, { "text": "7 U.S.C. 201", "legal-doc": "usc", "parsable-cite": "usc/7/201" }, { "text": "21 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/601" } ] }, { "text": "(b) Humane treatment, handling, and disposition \nThe Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory livestock by covered entities, including requirements for covered entities— (1) to immediately humanely euthanize nonambulatory livestock when the livestock becomes nonambulatory livestock, subject to subsection (c); and (2) (A) to have written policies and procedures in place, and proper equipment, relating to the humane handling, euthanization, and disposition of all nonambulatory livestock; (B) to maintain records of all nonambulatory livestock; and (C) to electronically submit those written policies and procedures and records to the Administrator of the Food Safety and Inspection Service.", "id": "H27BB08FBA56449EBB8A4746C2C453B2D", "header": "Humane treatment, handling, and disposition", "nested": [], "links": [] }, { "text": "(c) Humane euthanasia \n(1) In general \nThe Secretary shall promulgate regulations specifying— (A) the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory livestock required under the regulations promulgated under subsection (b); and (B) processes for ensuring effective enforcement of the use of those methods. (2) Disease testing \nThe regulations promulgated under subsection (b) shall not limit the ability of the Secretary to test nonambulatory livestock for a disease.", "id": "H1B0E387908F34E9BBC91F0E6FAE37EFD", "header": "Humane euthanasia", "nested": [], "links": [] }, { "text": "(d) Transacting or processing \nA covered entity shall not— (1) buy or sell a nonambulatory animal; or (2) process, butcher, or sell meat or products of nonambulatory livestock.", "id": "HD4F15090716442DF855F41061760DDC2", "header": "Transacting or processing", "nested": [], "links": [] }, { "text": "(e) Records \nThe Administrator of the Food Safety and Inspection Service shall maintain all documents submitted by covered entities pursuant to the regulations under subsection (b).", "id": "H3B45FB315DE24B3DA1FC4AD8A1DF60E2", "header": "Records", "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 191", "legal-doc": "usc", "parsable-cite": "usc/7/191" }, { "text": "7 U.S.C. 201", "legal-doc": "usc", "parsable-cite": "usc/7/201" }, { "text": "21 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/601" } ] }, { "text": "322. Unlawful use of drugs contributing to nonambulatory conditions \nThe Animal Health Protection Act is amended by inserting after section 10409A ( 7 U.S.C. 8308a ) the following: 10409B. Unlawful use of drugs on certain animals \nAny use of a beta-agonist drug, including ractopamine, zilpaterol, and lubabegron, in an animal in the absence of disease, including use for growth promotion or feed efficiency, is prohibited..", "id": "H82820D52EB6744AC8756768862F12BE0", "header": "Unlawful use of drugs contributing to nonambulatory conditions", "nested": [], "links": [ { "text": "7 U.S.C. 8308a", "legal-doc": "usc", "parsable-cite": "usc/7/8308a" } ] }, { "text": "10409B. Unlawful use of drugs on certain animals \nAny use of a beta-agonist drug, including ractopamine, zilpaterol, and lubabegron, in an animal in the absence of disease, including use for growth promotion or feed efficiency, is prohibited.", "id": "HCD8FB5AB6CCC4E01BEF8A8696ADBDFD0", "header": "Unlawful use of drugs on certain animals", "nested": [], "links": [] }, { "text": "323. Inclusion of poultry in Humane Methods of Slaughter Act \n(a) In general \nPublic Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1901 et seq. ) is amended by adding and poultry after the term livestock each place it appears, except as provided in subsection (b). (b) Other conforming amendment \nSection 2(a) of Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1902 ) is amended by striking and other livestock, and inserting other livestock, and poultry. (c) Effective date \nThe amendments made by subsections (a) and (b) shall take effect on the date that is 10 years after the date of enactment of this Act.", "id": "H7F74C131F2AE4F15BC7EC77A2BD62AD8", "header": "Inclusion of poultry in Humane Methods of Slaughter Act", "nested": [ { "text": "(a) In general \nPublic Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1901 et seq. ) is amended by adding and poultry after the term livestock each place it appears, except as provided in subsection (b).", "id": "H94947AF711324181B1C3642C9187187B", "header": "In general", "nested": [], "links": [ { "text": "7 U.S.C. 1901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1901" } ] }, { "text": "(b) Other conforming amendment \nSection 2(a) of Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1902 ) is amended by striking and other livestock, and inserting other livestock, and poultry.", "id": "H950268A46A9B4046896076B8D5C10A4A", "header": "Other conforming amendment", "nested": [], "links": [ { "text": "Public Law 85–765", "legal-doc": "public-law", "parsable-cite": "pl/85/765" }, { "text": "7 U.S.C. 1902", "legal-doc": "usc", "parsable-cite": "usc/7/1902" } ] }, { "text": "(c) Effective date \nThe amendments made by subsections (a) and (b) shall take effect on the date that is 10 years after the date of enactment of this Act.", "id": "H634896B3100F4EDB8B46420AC857BE0B", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 1901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1901" }, { "text": "Public Law 85–765", "legal-doc": "public-law", "parsable-cite": "pl/85/765" }, { "text": "7 U.S.C. 1902", "legal-doc": "usc", "parsable-cite": "usc/7/1902" } ] }, { "text": "331. Definitions \nIn this subtitle: (1) Covered establishment \nThe term covered establishment means— (A) an official establishment (as defined in section 301.2 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ); and (B) an official establishment (as defined in section 381.1 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ). (2) Employee \nThe term employee has the meaning given the term in section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652 ).", "id": "H370DD05391EF44478E145B0B82FC7286", "header": "Definitions", "nested": [], "links": [ { "text": "21 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/601" }, { "text": "21 U.S.C. 451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/451" }, { "text": "29 U.S.C. 652", "legal-doc": "usc", "parsable-cite": "usc/29/652" } ] }, { "text": "332. Ending dangerous higher-speed slaughter and self-inspection systems \n(a) Definition of covered program \n(1) In general \nThe term covered program means any waiver, program, or regulation that— (A) allows covered establishments to operate at slaughter speeds that exceed existing limits required by regulations of the Department of Agriculture as of the date of enactment of this Act; (B) reduces the number of Federal inspectors in covered establishments; or (C) replaces Federal inspectors at covered establishments with employees of the covered establishments for purposes of inspection. (2) Inclusions \nThe term covered program includes— (A) the New Swine Slaughter Inspection System described in the final rule entitled Modernization of Swine Slaughter Inspection (84 Fed. Reg. 52300 (October 1, 2019)); (B) the New Poultry Inspection System described in the final rule entitled Modernization of Poultry Slaughter Inspection (79 Fed. Reg. 49566 (August 21, 2014)); and (C) any waiver issued under an inspection system described in subparagraph (A) or (B). (b) Termination of covered programs \nThe Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall terminate or suspend implementation of or conversion to, as applicable, all covered programs.", "id": "H07639669E45243A6874D150AE9A546A3", "header": "Ending dangerous higher-speed slaughter and self-inspection systems", "nested": [ { "text": "(a) Definition of covered program \n(1) In general \nThe term covered program means any waiver, program, or regulation that— (A) allows covered establishments to operate at slaughter speeds that exceed existing limits required by regulations of the Department of Agriculture as of the date of enactment of this Act; (B) reduces the number of Federal inspectors in covered establishments; or (C) replaces Federal inspectors at covered establishments with employees of the covered establishments for purposes of inspection. (2) Inclusions \nThe term covered program includes— (A) the New Swine Slaughter Inspection System described in the final rule entitled Modernization of Swine Slaughter Inspection (84 Fed. Reg. 52300 (October 1, 2019)); (B) the New Poultry Inspection System described in the final rule entitled Modernization of Poultry Slaughter Inspection (79 Fed. Reg. 49566 (August 21, 2014)); and (C) any waiver issued under an inspection system described in subparagraph (A) or (B).", "id": "HCE052A10A70E42FAA7E2DA1CD86B9B89", "header": "Definition of covered program", "nested": [], "links": [] }, { "text": "(b) Termination of covered programs \nThe Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall terminate or suspend implementation of or conversion to, as applicable, all covered programs.", "id": "HED05F723DCF14FAC841973D58433CFB2", "header": "Termination of covered programs", "nested": [], "links": [] } ], "links": [] }, { "text": "333. Funding for additional OSHA inspectors \nThere is authorized to be appropriated $60,000,000 for each of fiscal years 2024 through 2033 for the hiring of additional inspectors to carry out inspections under section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 ) in covered establishments.", "id": "H5D20C0534D1D42298BA29F6866AAC396", "header": "Funding for additional OSHA inspectors", "nested": [], "links": [ { "text": "29 U.S.C. 657", "legal-doc": "usc", "parsable-cite": "usc/29/657" } ] }, { "text": "334. Funding for additional FSIS inspectors \n(a) In general \nThere is authorized to be appropriated to the Secretary $50,000,000 for each of fiscal years 2024 through 2033 to hire additional full-time equivalent positions within the Food Safety and Inspection Service relating to inspections conducted pursuant to, and the enforcement of, Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1901 et seq. ). (b) Priority for hiring \nIn carrying out subsection (a), priority shall be given to hiring personnel— (1) to inspect processing facilities (as described by the term eligible facility in section 764 of division N of the Consolidated Appropriations Act, 2021 ( 21 U.S.C. 473 )); and (2) in regions with the highest number of vacancies within the Food Safety and Inspection Service.", "id": "H87D7C7471CD94BE1BFE8EB649C876327", "header": "Funding for additional FSIS inspectors", "nested": [ { "text": "(a) In general \nThere is authorized to be appropriated to the Secretary $50,000,000 for each of fiscal years 2024 through 2033 to hire additional full-time equivalent positions within the Food Safety and Inspection Service relating to inspections conducted pursuant to, and the enforcement of, Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1901 et seq. ).", "id": "HDCD3CC9671E64C0680C59E3803B722C3", "header": "In general", "nested": [], "links": [ { "text": "Public Law 85–765", "legal-doc": "public-law", "parsable-cite": "pl/85/765" }, { "text": "7 U.S.C. 1901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1901" } ] }, { "text": "(b) Priority for hiring \nIn carrying out subsection (a), priority shall be given to hiring personnel— (1) to inspect processing facilities (as described by the term eligible facility in section 764 of division N of the Consolidated Appropriations Act, 2021 ( 21 U.S.C. 473 )); and (2) in regions with the highest number of vacancies within the Food Safety and Inspection Service.", "id": "HD3BF6A3DA9B94C5C8063F0D573692102", "header": "Priority for hiring", "nested": [], "links": [ { "text": "21 U.S.C. 473", "legal-doc": "usc", "parsable-cite": "usc/21/473" } ] } ], "links": [ { "text": "Public Law 85–765", "legal-doc": "public-law", "parsable-cite": "pl/85/765" }, { "text": "7 U.S.C. 1901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1901" }, { "text": "21 U.S.C. 473", "legal-doc": "usc", "parsable-cite": "usc/21/473" } ] } ]
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1. Short title; table of contents (a) Short title This Act may be cited as the Industrial Agriculture Accountability Act of 2023. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Sec. 3. Findings. TITLE I—High-risk AFO disaster mitigation and enforcement Sec. 101. Definitions. Subtitle A—Department of Agriculture Sec. 111. Office of High-Risk AFO Disaster Mitigation and Enforcement. Sec. 112. Registration of high-risk AFOs. Sec. 113. Covered industrial operator responsibilities and liabilities. Sec. 114. Restriction on certain methods of depopulation. Sec. 115. Reports. Sec. 116. Civil actions. Subtitle B—Department of Labor Sec. 121. Definitions. Sec. 122. Minimum labor standards for covered workers and affected contract growers. Sec. 123. Prohibition on the use of incarcerated workers. TITLE II—Grant and pilot programs Sec. 201. Definitions. Sec. 202. Controlled-atmosphere stunning transition program. Sec. 203. Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities. TITLE III—Humane handling reforms Subtitle A—Transport Sec. 311. Transportation of livestock and poultry. Sec. 312. Higher-welfare transport research funding. Subtitle B—Nonambulatory livestock Sec. 321. Unlawful slaughter practices involving nonambulatory livestock. Sec. 322. Unlawful use of drugs contributing to nonambulatory conditions. Sec. 323. Inclusion of poultry in Humane Methods of Slaughter Act. Subtitle C—Inspections Sec. 331. Definitions. Sec. 332. Ending dangerous higher-speed slaughter and self-inspection systems. Sec. 333. Funding for additional OSHA inspectors. Sec. 334. Funding for additional FSIS inspectors. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Agriculture. 3. Findings Congress finds that— (1) factory farms owned or controlled by industrial operators— (A) lack systemic resilience; (B) present significant risks, particularly in the event of a disaster; and (C) negatively impact— (i) farmed animals, who suffer tremendously from cruel depopulation methods and without meaningful disaster mitigation efforts; (ii) meat and poultry processing workers, who are subjected to exploitative conditions and abusive behavior by employers in depopulation situations— (I) including— (aa) being required to spend long hours, over days or weeks, mass-killing farmed animals; and (bb) being terminated following the completion of a depopulation event, without financial support; and (II) that lead to long-term psychological impacts, including increased feelings of anger and stress; and (iii) neighboring communities and the environment, including through— (I) flood waters overrunning manure lagoons resulting in ecological degradation in the form of soil, surface, and groundwater contamination; (II) algae blooms; and (III) wildlife population crashes; (2) (A) since 2019, more than 60,000,000 poultry and 10,000,000 swine have been depopulated; and (B) those massive cullings are often conducted using incredibly inhumane practices including ventilation shutdown, ventilation shutdown plus, sodium nitrite poisoning, and water-based foaming (as those terms are defined in section 114(a)); (3) since 2019, industrial operators put slaughterhouse workers in jeopardy and cost taxpayers millions of dollars; (4) industrial operators continue to experience record profits, including a 300-percent growth in profits during the COVID–19 pandemic; (5) industrial operators have created a system that allows for the inhumane handling of nonambulatory livestock (as defined in section 3(a) of Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 )) that causes needless suffering, unsafe working conditions, and the spread of foodborne and zoonotic diseases; (6) industrial operators have abused the use of certain drugs that increase the risk of livestock becoming nonambulatory livestock (as so defined); (7) slaughterhouse deregulation and decreased Federal oversight of meat and poultry slaughter pose significant risks to workers, consumers, and animals; (8) Federal humane slaughter laws currently exempt 98 percent of animals slaughtered for food; (9) current Federal animal transport laws are ineffective and inherently cruel; and (10) Federal support is needed to create a level playing field for farmers engaged in higher-welfare practices who are struggling to compete in a highly monopolized market controlled by industrial operators. 101. Definitions In this title: (1) Animal feeding operation; AFO (A) In general The term animal feeding operation or AFO means a single lot or facility at which— (i) for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are— (I) stabled or confined; and (II) fed or maintained; and (ii) crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. (B) Multiple lots For purposes of subparagraph (A), 2 or more lots or facilities described in that subparagraph shall be considered to be a single animal feeding operation if the lots or facilities— (i) are located within 3 miles of each other; and (ii) are under common ownership or control. (C) Exclusion The term animal feeding operation or AFO does not include a pasture-based livestock or poultry production system in which animals— (i) are primarily raised on pasture, grassland, or other vegetative environments; (ii) have the ability to exercise species-specific natural behaviors; and (iii) have access to appropriate shelter, healthy vegetation, potable water, and adequate protection from predators. (2) Covered industrial operator The term covered industrial operator means an individual or entity that owns or controls not less than the following number of livestock or poultry, as applicable, that are housed in an AFO at a single point in time: (A) 2,500 swine. (B) 30,000 turkeys or ducks. (C) 82,000 laying hens or broilers. (3) Depopulation The term depopulation means the rapid destruction of a population of animals in response to urgent circumstances. (4) Disaster event The term disaster event means— (A) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); (B) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); (C) a disaster designated by the Secretary pursuant to part 759 of title 7, Code of Federal Regulations (or successor regulations); and (D) a quarantine designated by the Secretary pursuant to the Plant Protection Act ( 7 U.S.C. 7701 et seq. ) or animal quarantine laws. (5) High-Risk AFO The term high-risk AFO means an AFO that houses livestock or poultry owned or controlled by a covered industrial operator. (6) Office The term Office means the Office of High-Risk AFO Disaster Mitigation and Enforcement established under section 111. 111. Office of High-Risk AFO Disaster Mitigation and Enforcement The Secretary shall establish an office within the Department of Agriculture, to be known as the Office of High-Risk AFO Disaster Mitigation and Enforcement , which shall carry out or enforce, as applicable, sections 112 through 115. 112. Registration of high-risk AFOs (a) Registration requirement (1) In general A covered industrial operator shall be required to register with the Office prior to selling, buying, or transferring livestock, poultry, or any product derived from livestock or poultry across State lines. (2) Information In registering with the Office under paragraph (1), a covered industrial operator shall submit to the Office— (A) identifying information about the covered industrial operator, including the location, animal type, and peak inventory animal totals for all high-risk AFOs owned or controlled by the covered industrial operator; and (B) a standard disaster mitigation plan that includes— (i) a description of the type, location, and extent of all potential disaster events that can affect livestock or poultry housed in a high-risk AFO, including information on previous occurrences of disaster events and the probability of future disaster events; (ii) a plan to ensure that animals do not go without necessary resources such as shelter, food, and water during an extreme weather event; (iii) a plan to increase flexibility and resiliency, including— (I) identifying ways to house animals past their intended slaughter date; and (II) alternative slaughter and processing arrangements, including contracting with small-scale Department of Agriculture, State-certified, or mobile operations with existing capacity, in the event of supply chain disruptions; (iv) a plan for accessing necessary resources, personal protective equipment, and labor to carry out depopulation in ways that most rapidly render animals unconscious in the event that depopulation is unavoidable; (v) a plan for disposal of any deceased animals that— (I) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (II) does not rely on unlined burial or onsite incineration; and (vi) other information, as determined appropriate by the Secretary. (3) Annual submission A covered industrial operator that is registered with the Office pursuant to this subsection shall submit to the Office the information described in paragraph (2) on an annual basis. (4) Restricted funds for plan A covered industrial operator shall not, in developing a standard disaster mitigation plan described in paragraph (2)(B), use any Federal funds, including funds provided under the environmental quality incentive program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq. ). (b) Disaster mitigation maintenance fee (1) In general A covered industrial operator registered under subsection (a) shall pay to the Office an annual fee by January 15 of each year for each high-risk AFO owned or controlled by the covered industrial operator. (2) Total amount of fees The amount of the fee required under paragraph (1)— (A) shall be determined by the Secretary in a manner that will ensure that the total amount of fees collected for each fiscal year shall sufficiently fund the activities of the Office for that fiscal year; but (B) shall not be less than $1 per animal unit (as defined by the Administrator of the Environmental Protection Agency) for each fiscal year. (3) Restriction A covered industrial operator may not reduce wages or grower payments in order to derive the amount of the fee required under paragraph (1). (c) High-Risk AFO Disaster Mitigation and Enforcement Fund (1) Establishment There is established in the Treasury of the United States a fund, to be known as the High-Risk AFO Disaster Mitigation and Enforcement Fund (referred to in this subsection as the Fund ). (2) Source; use All moneys derived from fees collected by the Office under subsection (b) shall be deposited in the Fund and made available to the Secretary, without fiscal year limitation, to offset costs relating to— (A) the administrative costs associated with operating the Office and technical assistance offered by staff of the Office; (B) creating the national stockpile pursuant to section 114(c)(2); (C) enforcement actions against covered industrial operators that do not comply with this subtitle; and (D) any other activities determined by the Secretary. 113. Covered industrial operator responsibilities and liabilities A covered industrial operator shall be responsible and liable for, with respect to each high-risk AFO owned or controlled by the covered industrial operator, all costs associated with activities related to disaster events or depopulation of livestock or poultry, including— (1) procuring resources for depopulation of livestock or poultry, including from the national stockpile described in section 114(c)(2); (2) disposal of deceased animals that— (A) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (B) does not rely on unlined burial or onsite incineration; (3) compensation for contract growers and workers, as provided in subtitle B; (4) compensation for any adverse health impacts, property value diminution, and loss of use and enjoyment of property suffered by neighboring residents of the high-risk AFO; and (5) other costs determined by the Secretary. 114. Restriction on certain methods of depopulation (a) Definitions In this section: (1) Restricted practice The term restricted practice means— (A) sodium nitrite poisoning; (B) ventilation shutdown; (C) ventilation shutdown plus; (D) water-based foaming; and (E) any other method identified by the Secretary. (2) Sodium nitrite poisoning The term sodium nitrite poisoning means a method of animal depopulation that involves feeding the toxic substance sodium nitrite to animals, causing changes to the blood that prevent delivery of oxygen to tissues and result in prolonged respiratory distress prior to loss of consciousness. (3) Ventilation shutdown The term ventilation shutdown means a method of animal depopulation that involves sealing a building in which animals are confined, shutting inlets, and turning off fans in order to raise the temperature in the building until the animals die from hyperthermia or hypoxia, including ventilation shutdown plus. (4) Ventilation shutdown plus The term ventilation shutdown plus means a ventilation shutdown method that involves the use of additional heat or humidity. (5) Water-based foaming The term water-based foaming means a method of animal depopulation that involves pumping foam concentrate combined with water into a building in which animals are confined until the animals die from hypoxia. (b) Restrictions; civil penalty Notwithstanding any other provision of law, beginning 1 year after the date of enactment of this Act, a covered industrial operator that uses 1 or more restricted practices for any event of depopulation of livestock or poultry on a high-risk AFO owned or controlled by the covered industrial operator, as determined by the Office— (1) shall not be eligible for any Federal contract for a period of 10 years beginning on that date; (2) shall not be eligible for inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) or the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), as applicable, for a period of 10 years beginning on that date; and (3) shall be assessed a civil penalty of up to $1,000 per animal per act of depopulation, with consideration given to the appropriateness of the penalty with respect to the gravity of the violation and the good faith of the covered industrial operator. (c) Standards and resources Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule— (1) to establish depopulation standards that rapidly induce unconsciousness and death with minimal pain and distress; and (2) to coordinate a national stockpile of resources— (A) to carry out depopulation activities during a disaster event in a way that rapidly induces unconsciousness and death of the animals with minimal pain and distress; and (B) using funds from the High-Risk AFO Disaster Mitigation and Enforcement Fund established by section 112(c)(1). 115. Reports (a) Reports to Secretary Not later than 3 business days after completing any depopulation of any animals, a covered industrial operator performing or requiring such depopulation shall submit to the Secretary a report on that depopulation instance that specifies— (1) the 1 or more dates on which, and location at which, the depopulation and disposal of the animals occurred; (2) the total number, species, breed, and intended product of the depopulated animals; (3) the depopulation and disposal methods utilized; (4) any monitoring, testing, or sampling protocol put in place to monitor releases of environmental contaminants from the disposal location; (5) a summary of any assets utilized or received from the national stockpile established pursuant to section 114(c)(2), as applicable; (6) documentation of compliance or noncompliance with the standard disaster mitigation plan described in section 112(a)(2)(B) of the covered industrial operator; and (7) the cost associated with the depopulation and disposal, including labor. (b) Publicly searchable database The Secretary, acting through the Office, shall develop and make publicly available an electronically searchable and sortable online database that contains information— (1) reported under subsection (a); and (2) submitted by covered industrial operators registering under section 112. 116. Civil actions (a) In general Any person may— (1) bring a civil action against a covered industrial operator or the Secretary in an appropriate court to redress any violation of this subtitle or any other law relating to the activities described in this subtitle; and (2) obtain appropriate relief in that civil action, including equitable relief and compensatory damages. (b) 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 described in subsection (a). 121. Definitions In this subtitle: (1) Affected contract grower The term affected contract grower means an owner of an AFO— (A) that raises livestock or poultry pursuant to a written contract, marketing arrangement, or other arrangement, with a covered industrial operator; and (B) whose AFO is impacted by a disaster mitigation event. (2) Affected contractor The term affected contractor means an individual or entity that supplies, either with or without a contract, a covered industrial operator with a worker to perform labor directly or indirectly related to a disaster mitigation event. (3) Covered worker (A) In general The term covered worker — (i) means an employee who performs labor in connection with a disaster mitigation event for a covered industrial operator; and (ii) includes any employee of an affected contract grower, or of another affected contractor, of a covered industrial operator. (B) Additional terms In this paragraph, the term employee means an individual performing any labor for a covered industrial operator, including through an affected contract grower or other affected contractor, unless— (i) the individual is free from control and direction in connection with the performance of the labor, both under the contract for the performance of labor and in fact; (ii) the labor is performed outside the usual course of the business of the covered industrial operator; and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the labor performed. (4) Disaster mitigation event The term disaster mitigation event means a disaster event affecting a covered industrial operator that triggers activities described in the disaster mitigation plan submitted by the covered industrial operator under section 112(a)(2)(B). 122. Minimum labor standards for covered workers and affected contract growers (a) Applicability A covered industrial operator that employs or contracts with covered workers, affected contract growers, or other affected contractors related to a disaster mitigation event shall comply with the labor standards described in subsection (b). (b) Labor standards The labor standards described in this subsection are the following: (1) Whistleblower protections A covered industrial operator shall not discharge, cause to be discharged, or in any other manner discriminate against any covered worker or affected contract grower because such covered worker or affected contract grower— (A) has filed any complaint or instituted or caused to be instituted any proceeding under or related to this section; or (B) has testified or is about to testify in any such proceeding. (2) Health insurance requirement During a disaster mitigation event and for a period of not less than 2 years following the disaster mitigation event, the covered industrial operator shall offer each covered worker and affected contract grower of the covered industrial operator a health plan that provides coverage that is at least equivalent to coverage provided by an essential health benefits package (as defined in subsection (a) of section 1302 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022 )) at the silver level of coverage (as defined in subsection (d)(1)(B) of such section), regardless of their employment status or contract with the covered industrial operator. Such covered industrial operator shall pay the full premium amount for such health plan for each such covered worker or affected contract grower who elects to enroll in such plan. (3) Severance pay for covered workers In the case of a disaster mitigation event, the covered industrial operator shall provide any covered worker terminated by the covered industrial operator, or by an affected contract grower or other affected contractor of the covered industrial operator impacted by the disaster mitigation event, during the 60-day period following the disaster mitigation event with 12 weeks of severance pay, at a weekly rate equal to the average weekly earnings of the covered worker during the disaster mitigation event. (4) Lost revenue for affected contract growers In any case in which a covered industrial operator terminates the contract of an affected contract grower following a disaster mitigation event, the covered industrial operator shall provide an amount of lost revenue to the affected contract grower equal to the affected contract grower’s revenue from the covered operator during the preceding 180 days. (c) Enforcement by the Secretary of Labor (1) General authority The Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of this section in the same manner that the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of sections 6, 7, and 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 , 207, and 215(a)(3)), including such Secretary’s authority to supervise payment of wages and compensation under section 16(c) of such Act ( 29 U.S.C. 216(c) ). (2) Civil penalties The Secretary of Labor may assess a civil penalty against a covered industrial operator that violates any provision of this section. (3) Monitoring compliance Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall— (A) develop a process to monitor compliance with the standards under this section that requires covered industrial operators to provide information to demonstrate such compliance; and (B) issue rules to determine penalties for noncompliance with this section. (4) Notification of Office The Secretary of Labor shall notify the Office of any covered industrial operator that is determined to be noncompliant with the requirements of this section. (d) Right of action for violations (1) Private right of action for violations An action to recover damages or obtain relief prescribed in paragraph (2) may be maintained against any covered industrial operator in any Federal or State court of competent jurisdiction by 1 or more covered workers or affected contract growers for and on behalf of themselves and other similarly situated covered workers or affected contract growers. (2) Liability (A) In general A covered industrial operator who violates this section shall be liable to each covered worker or affected contract grower that is aggrieved by the violation for— (i) damages in the amount of unpaid wages, salary, overtime compensation, or other compensation denied or lost by reason of the violation; and (ii) an additional equal amount as liquidated damages. (B) Attorney’s fees and costs In a civil action brought under paragraph (1) in which the plaintiff prevails, the court shall award the plaintiff reasonable attorney’s fees and costs of the action. (3) Enforcement by the Secretary of Labor The Secretary of Labor may bring an action in any court of competent jurisdiction to recover damages or obtain relief described in paragraph (2) on behalf of a covered worker or affected contract grower aggrieved by a violation of this section. 123. Prohibition on the use of incarcerated workers Notwithstanding any other provision of law, a covered industrial operator that the Secretary of Labor determines entered into a contract, on or after the date of enactment of this Act, with any entity to utilize incarcerated workers to perform labor related to a disaster mitigation event shall not be eligible for— (1) any Federal contracts for a period of 10 years beginning on the date of the determination; and (2) inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) or the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), as applicable, for a period of 10 years beginning on that date. 201. Definitions In this title: (1) Controlled-atmosphere stunning The term controlled-atmosphere stunning means rendering poultry unconscious through exposure to a mixture of gas (nitrogen and argon or concentrations of carbon dioxide) before slaughter. (2) Eligible processing facility The term eligible processing facility means an eligible facility described in section 764 of division N of the Consolidated Appropriations Act, 2021 ( 21 U.S.C. 473 ), that has a labor peace agreement in place. (3) Labor peace agreement The term labor peace agreement means an agreement— (A) between an employer and a labor organization that represents, or is actively seeking to represent as of the date on which the labor peace agreement is entered, the employees of the employer; and (B) under which such employer and such labor organization agree that— (i) the employer will not— (I) hinder any effort of an employee to join a labor organization; or (II) take any action that directly or indirectly indicates or implies any opposition to an employee joining a labor organization; (ii) the labor organization will refrain from picketing, work stoppages, or boycotts against the employer; (iii) the employer will— (I) provide the labor organization with employee contact information; and (II) facilitate or permit labor organization access to employees at the workplace, including facilitating or permitting the labor organization to meet with employees to discuss joining the labor organization; and (iv) the employer will, upon the request of the labor organization, recognize the labor organization as the bargaining representative of the employees if a majority of the employees choose the labor organization as their bargaining representative. (4) Live-shackle slaughter The term live-shackle slaughter means the method of stunning poultry before slaughter by shackling the poultry upside down by their legs and moving the poultry through electrified baths meant to render the poultry unconscious. 202. Controlled-atmosphere stunning transition program (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a transition program to award grants to eligible processing facilities that process poultry to transition from live-shackle slaughter to controlled-atmosphere stunning. (b) Eligibility As a condition of receipt of a grant under subsection (a), an eligible processing facility shall not, for a period of 10 years following the date of receipt of the grant, sell a slaughter or processing facility to, or merge the slaughter or processing facility with, a packer that owns more than 10 percent of the market share of meat and poultry markets. (c) Funding There is appropriated, out of any funds in the Treasury not otherwise appropriated, $750,000,000 to the Secretary to carry out this section. 203. Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities (a) In general The Secretary shall carry out a 5-year pilot program within the Meat and Poultry Inspection Division of the Food Safety and Inspection Service— (1) to expand the availability of processing inspectors, technical assistance, and onsite inspection for eligible processing facilities, including no-cost overtime inspections; and (2) to identify and train part-time inspectors and technical assistance providers. (b) Professional experience The Secretary shall determine the appropriate professional experience of inspectors and providers described in subsection (a)(2), which shall include individuals with expertise in veterinary medicine, public health, food service management, and animal science, as applicable. (c) Funding There is authorized to be appropriated to the Secretary not less than $50,000,000 to carry out this section. 311. Transportation of livestock and poultry (a) Transportation lasting more than 8 hours (1) In general Section 80502 of title 49, United States Code, is amended— (A) in subsection (a)(1), by striking a rail carrier and all that follows through territory or possession, and inserting a covered provider of transportation ; (B) in subsection (b)— (i) in paragraph (3), by striking subsection (a) of this section and inserting subsection (b) ; (ii) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (iii) in the matter preceding subparagraph (A) (as so redesignated), in the third sentence— (I) by striking the rail carrier and all that follows through a vessel and inserting the covered provider of transportation ; and (II) by striking When the animals and inserting the following: (3) Responsibility of covered provider of transportation When the animals ; (iv) in the matter preceding paragraph (3) (as so designated), in the second sentence, by striking The owner and inserting the following: (2) Responsibility of owner or person having custody The owner ; and (v) in the matter preceding paragraph (2) (as so designated), by striking Animals being and inserting the following: (1) In general Animals being ; (C) in subsection (d)— (i) in the second sentence, by striking On learning and inserting the following: (2) Civil action On learning ; and (ii) in the first sentence, by striking A rail carrier and all that follows through a vessel and inserting the following: (1) In general A covered provider of transportation ; (D) by redesignating subsections (a) through (d) as subsections (b), (c), (g), and (f), respectively, and moving the subsections so as to appear in alphabetical order; (E) by inserting before subsection (b) (as so redesignated) the following: (a) Definitions In this section: (1) Covered industrial operator (A) In general The term covered industrial operator means an individual or entity that owns or controls a quantity of livestock or poultry that is not less than the quantity described in subparagraph (B) for the applicable livestock or poultry. (B) Quantity of livestock or poultry in AFOs The quantity of livestock or poultry referred to in subparagraph (A) is 1 or more of the following quantities of livestock or poultry housed in 1 or more Animal Feeding Operations at a single point in time: (i) 2,500 swine. (ii) 30,000 turkeys or ducks. (iii) 82,000 laying hens or broilers. (2) Covered provider of transportation (A) In general The term covered provider of transportation means an individual or entity described in subparagraph (B) that is transporting animals from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession of the United States. (B) Individuals and entities described An individual or entity referred to in subparagraph (A) is— (i) a rail carrier, express carrier, or common carrier (except by air or water); (ii) a receiver, trustee, or lessee of a carrier described in clause (i); or (iii) an owner or master of a vessel. (3) Secretary The term Secretary means the Secretary of Agriculture. ; and (F) by inserting after subsection (c) (as so redesignated) the following: (d) Transportation lasting more than 8 hours (1) In general In any case in which animals are transported by a covered provider of transportation on behalf of a covered industrial operator for a period lasting, or expected to last, more than 8 consecutive hours, the covered provider of transportation transporting the animals shall ensure that— (A) the means of transport provides adequate protection of the animals from high winds, rain, and snow; (B) any livestock or poultry are provided with appropriate bedding or equivalent material that— (i) prevents slipping; (ii) ensures a level of comfort appropriate to— (I) the species of the livestock or poultry; (II) the number of animals being transported; (III) the duration of the period of transportation; and (IV) the weather; and (iii) provides adequate absorption of urine and feces; (C) the animals are not overcrowded during transport, including by complying with the regulations promulgated under paragraph (2); (D) the means of transport is equipped with a water supply that ensures that each animal has access to water in a manner and quantity appropriate to the species and size of the animal; (E) watering devices on the means of transport are— (i) in good working order; (ii) appropriately designed; and (iii) positioned appropriately for the species of animal to be watered during transport; and (F) the animals are not transported when the temperature within the means of transport cannot be maintained between 40 degrees Fahrenheit and 86 degrees Fahrenheit. (2) Rulemaking (A) In general The Secretary shall promulgate regulations setting species-specific space allowances during periods of transportation lasting more than 8 hours. (B) Requirements The regulations promulgated under subparagraph (A) shall ensure that each species of animal has enough space— (i) to turn around; (ii) to lie down; and (iii) to fully extend the limbs of the animal. (e) Recordkeeping (1) In general Each covered industrial operator shall maintain records of all livestock transported by the covered industrial operator. (2) Production of records A covered industrial operator shall provide the records maintained under paragraph (1) to the Secretary on request.. (2) Effective date The amendments made by paragraph (1) take effect on the date that is 1 year after the date of enactment of this Act. (3) Rulemaking Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by paragraph (1). (b) Modification of 28-Hour rule (1) In general Section 80502 of title 49, United States Code (as amended by subsection (a)), is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) by striking (1) Except as provided and inserting the following: (1) In general Except as otherwise provided ; and (II) by striking 28 and inserting 8 ; (ii) by striking paragraph (2) and inserting the following: (2) Exceptions (A) In general Animals may be confined for more than 8 hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful. (B) Sheep Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 8-hour period of confinement described in paragraph (1) ends at night. ; and (iii) in paragraph (3), by striking (3) Time and inserting the following: (3) Loading and unloading Time ; and (B) by striking subsection (g). (2) Effective date The amendments made by paragraph (1) take effect on the date that is 10 years after the date of enactment of this Act. 312. Higher-welfare transport research funding (a) Definitions In this section: (1) Eligible research institution The term eligible research institution means— (A) an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 )); (B) an 1890 Institution (as defined in that section); (C) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )); (D) a non-land-grant college of agriculture (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )) that has a demonstrable capacity to conduct livestock or poultry research, as determined by the Secretary; (E) Hispanic-serving agricultural colleges and universities (as defined in that section); and (F) a center of excellence recognized under section 1673 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5926 ). (2) Higher-welfare transport The term higher-welfare transport means the handling, loading, and transport mechanisms by which livestock and poultry are transported, at any time, which take into account animal welfare and species-specific requirements to ensure that— (A) animal welfare is maintained throughout transport; and (B) animals are spared unnecessary distress or injury. (b) Grant program The Secretary shall establish a program to provide grants to eligible research institutions to study higher-welfare transport. (c) Applications To be eligible for a grant under this section, an eligible research institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Requirements In carrying out the program established under subsection (b), the Secretary shall ensure that none of the grant funding may be used to perform any experiment that would not comply with current transport law. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2024 through 2026. 321. Unlawful slaughter practices involving nonambulatory livestock (a) In general Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) is amended by inserting after section 2 ( 7 U.S.C. 1902 ) the following: 3. Nonambulatory livestock (a) Definitions In this section: (1) Covered entity The term covered entity means— (A) a stockyard; (B) a market agency; (C) a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 )); (D) a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 201 )); (E) a slaughter facility; and (F) an establishment. (2) Establishment The term establishment means an establishment that is subject to inspection pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ). (3) Humanely euthanize The term humanely euthanize means to immediately render an animal unconscious by mechanical, chemical, or other means, with the unconscious state remaining until the death of the animal. (4) Nonambulatory livestock The term nonambulatory livestock means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. (5) Secretary The term Secretary means the Secretary of Agriculture. (b) Humane treatment, handling, and disposition The Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory livestock by covered entities, including requirements for covered entities— (1) to immediately humanely euthanize nonambulatory livestock when the livestock becomes nonambulatory livestock, subject to subsection (c); and (2) (A) to have written policies and procedures in place, and proper equipment, relating to the humane handling, euthanization, and disposition of all nonambulatory livestock; (B) to maintain records of all nonambulatory livestock; and (C) to electronically submit those written policies and procedures and records to the Administrator of the Food Safety and Inspection Service. (c) Humane euthanasia (1) In general The Secretary shall promulgate regulations specifying— (A) the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory livestock required under the regulations promulgated under subsection (b); and (B) processes for ensuring effective enforcement of the use of those methods. (2) Disease testing The regulations promulgated under subsection (b) shall not limit the ability of the Secretary to test nonambulatory livestock for a disease. (d) Transacting or processing A covered entity shall not— (1) buy or sell a nonambulatory animal; or (2) process, butcher, or sell meat or products of nonambulatory livestock. (e) Records The Administrator of the Food Safety and Inspection Service shall maintain all documents submitted by covered entities pursuant to the regulations under subsection (b).. (b) Inspection of nonambulatory livestock; labeling Section 6 of the Federal Meat Inspection Act ( 21 U.S.C. 606 ) is amended by adding at the end the following: (c) Inspection of nonambulatory livestock; labeling (1) Definition of nonambulatory livestock In this subsection, the term nonambulatory livestock means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. (2) Inspection It shall be unlawful for an inspector at an establishment subject to inspection under this Act to pass through inspection any nonambulatory livestock or carcass (including parts of a carcass) of nonambulatory livestock. (3) Labeling An inspector or other employee of an establishment described in paragraph (2) shall label, mark, stamp, or tag as inspected and condemned any carcass (including parts of a carcass) of nonambulatory livestock.. (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by subsections (a) and (b). 3. Nonambulatory livestock (a) Definitions In this section: (1) Covered entity The term covered entity means— (A) a stockyard; (B) a market agency; (C) a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 )); (D) a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 201 )); (E) a slaughter facility; and (F) an establishment. (2) Establishment The term establishment means an establishment that is subject to inspection pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ). (3) Humanely euthanize The term humanely euthanize means to immediately render an animal unconscious by mechanical, chemical, or other means, with the unconscious state remaining until the death of the animal. (4) Nonambulatory livestock The term nonambulatory livestock means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. (5) Secretary The term Secretary means the Secretary of Agriculture. (b) Humane treatment, handling, and disposition The Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory livestock by covered entities, including requirements for covered entities— (1) to immediately humanely euthanize nonambulatory livestock when the livestock becomes nonambulatory livestock, subject to subsection (c); and (2) (A) to have written policies and procedures in place, and proper equipment, relating to the humane handling, euthanization, and disposition of all nonambulatory livestock; (B) to maintain records of all nonambulatory livestock; and (C) to electronically submit those written policies and procedures and records to the Administrator of the Food Safety and Inspection Service. (c) Humane euthanasia (1) In general The Secretary shall promulgate regulations specifying— (A) the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory livestock required under the regulations promulgated under subsection (b); and (B) processes for ensuring effective enforcement of the use of those methods. (2) Disease testing The regulations promulgated under subsection (b) shall not limit the ability of the Secretary to test nonambulatory livestock for a disease. (d) Transacting or processing A covered entity shall not— (1) buy or sell a nonambulatory animal; or (2) process, butcher, or sell meat or products of nonambulatory livestock. (e) Records The Administrator of the Food Safety and Inspection Service shall maintain all documents submitted by covered entities pursuant to the regulations under subsection (b). 322. Unlawful use of drugs contributing to nonambulatory conditions The Animal Health Protection Act is amended by inserting after section 10409A ( 7 U.S.C. 8308a ) the following: 10409B. Unlawful use of drugs on certain animals Any use of a beta-agonist drug, including ractopamine, zilpaterol, and lubabegron, in an animal in the absence of disease, including use for growth promotion or feed efficiency, is prohibited.. 10409B. Unlawful use of drugs on certain animals Any use of a beta-agonist drug, including ractopamine, zilpaterol, and lubabegron, in an animal in the absence of disease, including use for growth promotion or feed efficiency, is prohibited. 323. Inclusion of poultry in Humane Methods of Slaughter Act (a) In general Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1901 et seq. ) is amended by adding and poultry after the term livestock each place it appears, except as provided in subsection (b). (b) Other conforming amendment Section 2(a) of Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1902 ) is amended by striking and other livestock, and inserting other livestock, and poultry. (c) Effective date The amendments made by subsections (a) and (b) shall take effect on the date that is 10 years after the date of enactment of this Act. 331. Definitions In this subtitle: (1) Covered establishment The term covered establishment means— (A) an official establishment (as defined in section 301.2 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ); and (B) an official establishment (as defined in section 381.1 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ). (2) Employee The term employee has the meaning given the term in section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652 ). 332. Ending dangerous higher-speed slaughter and self-inspection systems (a) Definition of covered program (1) In general The term covered program means any waiver, program, or regulation that— (A) allows covered establishments to operate at slaughter speeds that exceed existing limits required by regulations of the Department of Agriculture as of the date of enactment of this Act; (B) reduces the number of Federal inspectors in covered establishments; or (C) replaces Federal inspectors at covered establishments with employees of the covered establishments for purposes of inspection. (2) Inclusions The term covered program includes— (A) the New Swine Slaughter Inspection System described in the final rule entitled Modernization of Swine Slaughter Inspection (84 Fed. Reg. 52300 (October 1, 2019)); (B) the New Poultry Inspection System described in the final rule entitled Modernization of Poultry Slaughter Inspection (79 Fed. Reg. 49566 (August 21, 2014)); and (C) any waiver issued under an inspection system described in subparagraph (A) or (B). (b) Termination of covered programs The Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall terminate or suspend implementation of or conversion to, as applicable, all covered programs. 333. Funding for additional OSHA inspectors There is authorized to be appropriated $60,000,000 for each of fiscal years 2024 through 2033 for the hiring of additional inspectors to carry out inspections under section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 ) in covered establishments. 334. Funding for additional FSIS inspectors (a) In general There is authorized to be appropriated to the Secretary $50,000,000 for each of fiscal years 2024 through 2033 to hire additional full-time equivalent positions within the Food Safety and Inspection Service relating to inspections conducted pursuant to, and the enforcement of, Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1901 et seq. ). (b) Priority for hiring In carrying out subsection (a), priority shall be given to hiring personnel— (1) to inspect processing facilities (as described by the term eligible facility in section 764 of division N of the Consolidated Appropriations Act, 2021 ( 21 U.S.C. 473 )); and (2) in regions with the highest number of vacancies within the Food Safety and Inspection Service.
49,829
[ "Agriculture Committee", "Transportation and Infrastructure Committee", "Education and the Workforce Committee" ]
118hr6674ih
118
hr
6,674
ih
To provide for the periodic issuance of up-to-date clinical guidance on addressing the health effects of per- and polyfluoroalkyl substances (PFAS), and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Better Care for PFAS Patients Act of 2023.", "id": "H757DDD90C4B94861B0D84CAD0F3BF298", "header": "Short title", "nested": [], "links": [] }, { "text": "2. PFAS health effects assessment, recommendations, and guidance \n(a) Periodic assessment and recommendations \n(1) Agreement \nThe Director of the Agency for Toxic Substances and Disease Registry (in this section referred to as the Director ) shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (or another appropriate entity if the National Academies declines to enter into such agreement) under which the National Academies or the other appropriate entity agrees— (A) to assess the health effects of per- and polyfluoroalkyl substances (in this section referred to as PFAS ) that can be measured in human tissues; (B) to formulate clinical recommendations on addressing such health effects; (C) not later than 2 years after the date of entry into such agreement, to complete the initial assessment under subparagraph (A) and formulate the initial recommendations under subparagraph (B); and (D) to update the most recent assessment and recommendations under this paragraph— (i) every 5 years; or (ii) more frequently as determined necessary by the Director based on an assessment of the science. (2) Timing of entry into agreement \nThe Director shall enter into the agreement required by paragraph (1) not later than 60 days after the date of enactment of this Act. (b) Up-to-Date guidance \nBased on the results of the most recent assessment and recommendations under subsection (a), the Director, in consultation with the entity with which the Director enters into the agreement under subsection (a), shall— (1) not later than 5 years after the date of entry into the agreement required by subsection (a)— (A) issue up-to-date clinical guidance on addressing the health effects of PFAS; (B) post such guidance on the public website of the Agency for Toxic Substances and Disease Registry; and (C) disseminate such guidance to State and local public health authorities and appropriate health care professionals; and (2) every 5 years thereafter, or more frequently as determined necessary by the Director based on an assessment of the science, issue, post, and disseminate up-to-date guidance as described in paragraph (1).", "id": "H42E0109465724DD299D9FD06B201C277", "header": "PFAS health effects assessment, recommendations, and guidance", "nested": [ { "text": "(a) Periodic assessment and recommendations \n(1) Agreement \nThe Director of the Agency for Toxic Substances and Disease Registry (in this section referred to as the Director ) shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (or another appropriate entity if the National Academies declines to enter into such agreement) under which the National Academies or the other appropriate entity agrees— (A) to assess the health effects of per- and polyfluoroalkyl substances (in this section referred to as PFAS ) that can be measured in human tissues; (B) to formulate clinical recommendations on addressing such health effects; (C) not later than 2 years after the date of entry into such agreement, to complete the initial assessment under subparagraph (A) and formulate the initial recommendations under subparagraph (B); and (D) to update the most recent assessment and recommendations under this paragraph— (i) every 5 years; or (ii) more frequently as determined necessary by the Director based on an assessment of the science. (2) Timing of entry into agreement \nThe Director shall enter into the agreement required by paragraph (1) not later than 60 days after the date of enactment of this Act.", "id": "H344D7B2745E84B4A8C6C1D47C4F93EE1", "header": "Periodic assessment and recommendations", "nested": [], "links": [] }, { "text": "(b) Up-to-Date guidance \nBased on the results of the most recent assessment and recommendations under subsection (a), the Director, in consultation with the entity with which the Director enters into the agreement under subsection (a), shall— (1) not later than 5 years after the date of entry into the agreement required by subsection (a)— (A) issue up-to-date clinical guidance on addressing the health effects of PFAS; (B) post such guidance on the public website of the Agency for Toxic Substances and Disease Registry; and (C) disseminate such guidance to State and local public health authorities and appropriate health care professionals; and (2) every 5 years thereafter, or more frequently as determined necessary by the Director based on an assessment of the science, issue, post, and disseminate up-to-date guidance as described in paragraph (1).", "id": "HE17DA27A94F04D3B8A7DCB6F7402E596", "header": "Up-to-Date guidance", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Better Care for PFAS Patients Act of 2023. 2. PFAS health effects assessment, recommendations, and guidance (a) Periodic assessment and recommendations (1) Agreement The Director of the Agency for Toxic Substances and Disease Registry (in this section referred to as the Director ) shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (or another appropriate entity if the National Academies declines to enter into such agreement) under which the National Academies or the other appropriate entity agrees— (A) to assess the health effects of per- and polyfluoroalkyl substances (in this section referred to as PFAS ) that can be measured in human tissues; (B) to formulate clinical recommendations on addressing such health effects; (C) not later than 2 years after the date of entry into such agreement, to complete the initial assessment under subparagraph (A) and formulate the initial recommendations under subparagraph (B); and (D) to update the most recent assessment and recommendations under this paragraph— (i) every 5 years; or (ii) more frequently as determined necessary by the Director based on an assessment of the science. (2) Timing of entry into agreement The Director shall enter into the agreement required by paragraph (1) not later than 60 days after the date of enactment of this Act. (b) Up-to-Date guidance Based on the results of the most recent assessment and recommendations under subsection (a), the Director, in consultation with the entity with which the Director enters into the agreement under subsection (a), shall— (1) not later than 5 years after the date of entry into the agreement required by subsection (a)— (A) issue up-to-date clinical guidance on addressing the health effects of PFAS; (B) post such guidance on the public website of the Agency for Toxic Substances and Disease Registry; and (C) disseminate such guidance to State and local public health authorities and appropriate health care professionals; and (2) every 5 years thereafter, or more frequently as determined necessary by the Director based on an assessment of the science, issue, post, and disseminate up-to-date guidance as described in paragraph (1).
2,257
[ "Energy and Commerce Committee" ]
118hr5805ih
118
hr
5,805
ih
To amend the Federal Election Campaign Act of 1971 to prohibit Members of Congress from making direct and personal solicitations of campaign funds or making campaign expenditures during a Government shutdown, to reduce the pay of Members of Congress if a Government shutdown takes effect, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the No Work, No Pay Act of 2023.", "id": "H674F7BE6FB264E428AEDA2490F9236D8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibiting Members of Congress from engaging in certain campaign activities during Government shutdown \nTitle III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by adding at the end the following new section: 325. Prohibiting Members of Congress from engaging in certain campaign activities during Government shutdown \n(a) Direct and personal solicitation of contributions \nAn individual holding the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not make a direct and personal solicitation of funds in connection with an election for Federal office at any time during which a Government shutdown is in effect. (b) Expenditures by authorized committees \nAn authorized committee of a candidate who is an individual holding the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not make an expenditure in connection with an election for Federal office at any time during which a Government shutdown is in effect. (c) Determination of Government shutdown \nFor purposes of this section, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution..", "id": "HA56E3886D04A4A428C21F88CED9E7A5D", "header": "Prohibiting Members of Congress from engaging in certain campaign activities during Government shutdown", "nested": [], "links": [ { "text": "52 U.S.C. 30101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "325. Prohibiting Members of Congress from engaging in certain campaign activities during Government shutdown \n(a) Direct and personal solicitation of contributions \nAn individual holding the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not make a direct and personal solicitation of funds in connection with an election for Federal office at any time during which a Government shutdown is in effect. (b) Expenditures by authorized committees \nAn authorized committee of a candidate who is an individual holding the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not make an expenditure in connection with an election for Federal office at any time during which a Government shutdown is in effect. (c) Determination of Government shutdown \nFor purposes of this section, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution.", "id": "H5F3A82F2D7D64C6DB89CFFCB14E9CA90", "header": "Prohibiting Members of Congress from engaging in certain campaign activities during Government shutdown", "nested": [ { "text": "(a) Direct and personal solicitation of contributions \nAn individual holding the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not make a direct and personal solicitation of funds in connection with an election for Federal office at any time during which a Government shutdown is in effect.", "id": "H683D9C00C0D34F1E90ACD120C2514E45", "header": "Direct and personal solicitation of contributions", "nested": [], "links": [] }, { "text": "(b) Expenditures by authorized committees \nAn authorized committee of a candidate who is an individual holding the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not make an expenditure in connection with an election for Federal office at any time during which a Government shutdown is in effect.", "id": "HB8423F3C9E044628858FC13A7710F409", "header": "Expenditures by authorized committees", "nested": [], "links": [] }, { "text": "(c) Determination of Government shutdown \nFor purposes of this section, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution.", "id": "H877AA2DAEEB74752B361E788BBDCA7A1", "header": "Determination of Government shutdown", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Reduction of pay of Members of Congress if Government shutdown occurs \n(a) Reduction of pay for each day of Government shutdown \n(1) Reduction \nIf on any day during a year a Government shutdown is in effect, the annual rate of pay applicable under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ) with respect to each Member of Congress for the year shall be reduced by an amount equal to the product of— (A) an amount equal to one day’s worth of pay under such annual rate; and (B) the number of 24-hour periods during which the Government shutdown is in effect. (2) Effective date \nThis subsection shall apply with respect to days occurring after the date of the regularly scheduled general election for Federal office held in November 2024. (b) Special rule for One Hundred Eighteenth Congress \n(1) Holding salaries in escrow \nIf on any day during the One Hundred Eighteenth Congress a Government shutdown is in effect, the payroll administrator of that House of Congress shall— (A) withhold from the payments otherwise required to be made with respect to a pay period for the compensation of each Member of Congress who serves in that House of Congress an amount equal to the product of— (i) an amount equal to one day’s worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ); and (ii) the number of 24-hour periods during which the Government shutdown is in effect which occur during the pay period; and (B) deposit in an escrow account all amounts withheld under paragraph (1). (2) Release of amounts at end of the Congress \nIn order to ensure that this subsection is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this subsection on the last day of the One Hundred Eighteenth Congress. (3) Role of Secretary of the Treasury \nThe Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this subsection. (4) Payroll administrator defined \nIn this subsection, the payroll administrator of a House of Congress means— (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this subsection; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this subsection. (5) Exception for days occurring after general election \nThis subsection does not apply with respect to any day during the One Hundred Eighteenth Congress which occurs after the date of the regularly scheduled general election for Federal office held in November 2024.", "id": "H3E567606F8FC41F79F97AAC52DF17299", "header": "Reduction of pay of Members of Congress if Government shutdown occurs", "nested": [ { "text": "(a) Reduction of pay for each day of Government shutdown \n(1) Reduction \nIf on any day during a year a Government shutdown is in effect, the annual rate of pay applicable under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ) with respect to each Member of Congress for the year shall be reduced by an amount equal to the product of— (A) an amount equal to one day’s worth of pay under such annual rate; and (B) the number of 24-hour periods during which the Government shutdown is in effect. (2) Effective date \nThis subsection shall apply with respect to days occurring after the date of the regularly scheduled general election for Federal office held in November 2024.", "id": "H0F872D433F90479A929568891D5C79CD", "header": "Reduction of pay for each day of Government shutdown", "nested": [], "links": [ { "text": "2 U.S.C. 4501", "legal-doc": "usc", "parsable-cite": "usc/2/4501" } ] }, { "text": "(b) Special rule for One Hundred Eighteenth Congress \n(1) Holding salaries in escrow \nIf on any day during the One Hundred Eighteenth Congress a Government shutdown is in effect, the payroll administrator of that House of Congress shall— (A) withhold from the payments otherwise required to be made with respect to a pay period for the compensation of each Member of Congress who serves in that House of Congress an amount equal to the product of— (i) an amount equal to one day’s worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ); and (ii) the number of 24-hour periods during which the Government shutdown is in effect which occur during the pay period; and (B) deposit in an escrow account all amounts withheld under paragraph (1). (2) Release of amounts at end of the Congress \nIn order to ensure that this subsection is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this subsection on the last day of the One Hundred Eighteenth Congress. (3) Role of Secretary of the Treasury \nThe Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this subsection. (4) Payroll administrator defined \nIn this subsection, the payroll administrator of a House of Congress means— (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this subsection; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this subsection. (5) Exception for days occurring after general election \nThis subsection does not apply with respect to any day during the One Hundred Eighteenth Congress which occurs after the date of the regularly scheduled general election for Federal office held in November 2024.", "id": "HCF8B0E3F13514141A6843067EB23A392", "header": "Special rule for One Hundred Eighteenth Congress", "nested": [], "links": [ { "text": "2 U.S.C. 4501", "legal-doc": "usc", "parsable-cite": "usc/2/4501" } ] } ], "links": [ { "text": "2 U.S.C. 4501", "legal-doc": "usc", "parsable-cite": "usc/2/4501" }, { "text": "2 U.S.C. 4501", "legal-doc": "usc", "parsable-cite": "usc/2/4501" } ] }, { "text": "4. Prohibiting Member official travel during shutdown \n(a) Prohibition \nExcept as provided in subsection (b), no appropriated funds, including official funds of the House of Representatives, official funds of the Senate, or funds available under any Federal law, rule, or regulation, may be used to pay for the costs of travel by a Member of Congress during any period in which a Government shutdown is in effect. (b) Exception for travel by Member to Washington Metropolitan Area \nSubsection (a) does not apply with respect to travel by a Member of Congress to the Washington Metropolitan Area. (c) Washington Metropolitan Area Defined \nIn this section, the term Washington Metropolitan Area means the District of Columbia, the Counties of Montgomery and Prince Georges in Maryland, and the Counties of Arlington, Fairfax, Loudon, and Prince William and the Cities of Alexandria and Falls Church in Virginia.", "id": "HE869F066391E4FEB99037C794950B304", "header": "Prohibiting Member official travel during shutdown", "nested": [ { "text": "(a) Prohibition \nExcept as provided in subsection (b), no appropriated funds, including official funds of the House of Representatives, official funds of the Senate, or funds available under any Federal law, rule, or regulation, may be used to pay for the costs of travel by a Member of Congress during any period in which a Government shutdown is in effect.", "id": "HFAF95CF76AC64695B3EAD51326D8B8CB", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Exception for travel by Member to Washington Metropolitan Area \nSubsection (a) does not apply with respect to travel by a Member of Congress to the Washington Metropolitan Area.", "id": "HCC11BF5663BB461289CDE6208A21F4B3", "header": "Exception for travel by Member to Washington Metropolitan Area", "nested": [], "links": [] }, { "text": "(c) Washington Metropolitan Area Defined \nIn this section, the term Washington Metropolitan Area means the District of Columbia, the Counties of Montgomery and Prince Georges in Maryland, and the Counties of Arlington, Fairfax, Loudon, and Prince William and the Cities of Alexandria and Falls Church in Virginia.", "id": "H5BC8161C3E6446C2804DEC88A4E7E4B1", "header": "Washington Metropolitan Area Defined", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Determination of Government shutdown \nFor purposes of this Act, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution.", "id": "H429967D79342438399271194E7209C3E", "header": "Determination of Government shutdown", "nested": [], "links": [] }, { "text": "6. Member of Congress defined \nIn this Act, the term Member of Congress means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ).", "id": "HC95E0B20CD5841E2A88463120545A3DB", "header": "Member of Congress defined", "nested": [], "links": [ { "text": "2 U.S.C. 4501", "legal-doc": "usc", "parsable-cite": "usc/2/4501" } ] } ]
7
1. Short title This Act may be cited as the No Work, No Pay Act of 2023. 2. Prohibiting Members of Congress from engaging in certain campaign activities during Government shutdown Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by adding at the end the following new section: 325. Prohibiting Members of Congress from engaging in certain campaign activities during Government shutdown (a) Direct and personal solicitation of contributions An individual holding the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not make a direct and personal solicitation of funds in connection with an election for Federal office at any time during which a Government shutdown is in effect. (b) Expenditures by authorized committees An authorized committee of a candidate who is an individual holding the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not make an expenditure in connection with an election for Federal office at any time during which a Government shutdown is in effect. (c) Determination of Government shutdown For purposes of this section, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution.. 325. Prohibiting Members of Congress from engaging in certain campaign activities during Government shutdown (a) Direct and personal solicitation of contributions An individual holding the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not make a direct and personal solicitation of funds in connection with an election for Federal office at any time during which a Government shutdown is in effect. (b) Expenditures by authorized committees An authorized committee of a candidate who is an individual holding the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not make an expenditure in connection with an election for Federal office at any time during which a Government shutdown is in effect. (c) Determination of Government shutdown For purposes of this section, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution. 3. Reduction of pay of Members of Congress if Government shutdown occurs (a) Reduction of pay for each day of Government shutdown (1) Reduction If on any day during a year a Government shutdown is in effect, the annual rate of pay applicable under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ) with respect to each Member of Congress for the year shall be reduced by an amount equal to the product of— (A) an amount equal to one day’s worth of pay under such annual rate; and (B) the number of 24-hour periods during which the Government shutdown is in effect. (2) Effective date This subsection shall apply with respect to days occurring after the date of the regularly scheduled general election for Federal office held in November 2024. (b) Special rule for One Hundred Eighteenth Congress (1) Holding salaries in escrow If on any day during the One Hundred Eighteenth Congress a Government shutdown is in effect, the payroll administrator of that House of Congress shall— (A) withhold from the payments otherwise required to be made with respect to a pay period for the compensation of each Member of Congress who serves in that House of Congress an amount equal to the product of— (i) an amount equal to one day’s worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ); and (ii) the number of 24-hour periods during which the Government shutdown is in effect which occur during the pay period; and (B) deposit in an escrow account all amounts withheld under paragraph (1). (2) Release of amounts at end of the Congress In order to ensure that this subsection is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this subsection on the last day of the One Hundred Eighteenth Congress. (3) Role of Secretary of the Treasury The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this subsection. (4) Payroll administrator defined In this subsection, the payroll administrator of a House of Congress means— (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this subsection; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this subsection. (5) Exception for days occurring after general election This subsection does not apply with respect to any day during the One Hundred Eighteenth Congress which occurs after the date of the regularly scheduled general election for Federal office held in November 2024. 4. Prohibiting Member official travel during shutdown (a) Prohibition Except as provided in subsection (b), no appropriated funds, including official funds of the House of Representatives, official funds of the Senate, or funds available under any Federal law, rule, or regulation, may be used to pay for the costs of travel by a Member of Congress during any period in which a Government shutdown is in effect. (b) Exception for travel by Member to Washington Metropolitan Area Subsection (a) does not apply with respect to travel by a Member of Congress to the Washington Metropolitan Area. (c) Washington Metropolitan Area Defined In this section, the term Washington Metropolitan Area means the District of Columbia, the Counties of Montgomery and Prince Georges in Maryland, and the Counties of Arlington, Fairfax, Loudon, and Prince William and the Cities of Alexandria and Falls Church in Virginia. 5. Determination of Government shutdown For purposes of this Act, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution. 6. Member of Congress defined In this Act, the term Member of Congress means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ).
7,155
[ "Oversight and Accountability Committee", "Committee on House Administration" ]
118hr6839ih
118
hr
6,839
ih
To provide for improvements in the treatment of detained persons, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Immigrant Detained Persons Legal Rights Act.", "id": "H9D307E3E95F64F8FAB7D5545458ED336", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Office of legal access programs \n(a) Establishment of office of legal access programs \nThe Attorney General shall establish and maintain, within the Executive Office for Immigration Review, an Office of Legal Access Programs to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating noncitizens regarding administrative procedures and legal rights under United States immigration law and to establish other programs to assist in providing noncitizens access to legal information. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detained persons not later than 1 year after the enactment of this Act. The Attorney General shall seek input from nongovernmental organizations and stakeholders in developing this plan. (b) Legal orientation programs \nThe legal orientation programs— (1) shall provide programs to assist noncitizens in or released from custody in making informed and timely decisions regarding their removal and eligibility for relief from removal in order to increase efficiency and reduce costs in immigration proceedings and Federal custody processes and to improve access to counsel and other legal services; (2) shall ensure that programs and written notice of rights are available in English and the five most common native languages spoken by the detained persons held in custody at that location during the preceding fiscal year; (3) shall identify unaccompanied noncitizen children, noncitizens with a serious mental disability, and other particularly vulnerable noncitizens for consideration by the Attorney General pursuant to section 292(c) of the Immigration and Nationality Act, as added by section 3502(c); and (4) may provide services to noncitizens in immigration proceedings under sections 235, 238, 240, and 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1225 , 1228, 1229a, and 1231(a)(5)) and to other noncitizens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act ( 8 U.S.C. 1225 , 1228, and 1229a). (c) Procedures \nThe Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all noncitizens in or released from custody within 5 days of arrival into custody and to inform such noncitizens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such noncitizens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (d) Rule of construction \nNothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (e) Funding \nThere shall be appropriated such sums as may be necessary to carry out this section.", "id": "HCA51E9525AD649EDB88D602DA4C22E73", "header": "Office of legal access programs", "nested": [ { "text": "(a) Establishment of office of legal access programs \nThe Attorney General shall establish and maintain, within the Executive Office for Immigration Review, an Office of Legal Access Programs to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating noncitizens regarding administrative procedures and legal rights under United States immigration law and to establish other programs to assist in providing noncitizens access to legal information. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detained persons not later than 1 year after the enactment of this Act. The Attorney General shall seek input from nongovernmental organizations and stakeholders in developing this plan.", "id": "H8ACAF82E063046CCB0FEF67647C9AA04", "header": "Establishment of office of legal access programs", "nested": [], "links": [] }, { "text": "(b) Legal orientation programs \nThe legal orientation programs— (1) shall provide programs to assist noncitizens in or released from custody in making informed and timely decisions regarding their removal and eligibility for relief from removal in order to increase efficiency and reduce costs in immigration proceedings and Federal custody processes and to improve access to counsel and other legal services; (2) shall ensure that programs and written notice of rights are available in English and the five most common native languages spoken by the detained persons held in custody at that location during the preceding fiscal year; (3) shall identify unaccompanied noncitizen children, noncitizens with a serious mental disability, and other particularly vulnerable noncitizens for consideration by the Attorney General pursuant to section 292(c) of the Immigration and Nationality Act, as added by section 3502(c); and (4) may provide services to noncitizens in immigration proceedings under sections 235, 238, 240, and 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1225 , 1228, 1229a, and 1231(a)(5)) and to other noncitizens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act ( 8 U.S.C. 1225 , 1228, and 1229a).", "id": "H2C1EF148273241509DB01D33F3356BB5", "header": "Legal orientation programs", "nested": [], "links": [ { "text": "8 U.S.C. 1225", "legal-doc": "usc", "parsable-cite": "usc/8/1225" }, { "text": "8 U.S.C. 1225", "legal-doc": "usc", "parsable-cite": "usc/8/1225" } ] }, { "text": "(c) Procedures \nThe Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all noncitizens in or released from custody within 5 days of arrival into custody and to inform such noncitizens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such noncitizens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers.", "id": "H308AC4BFC5DA4449BAF868F95868BC1D", "header": "Procedures", "nested": [], "links": [] }, { "text": "(d) Rule of construction \nNothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.", "id": "H02D98434D5C942C3B2896408A2F5916C", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(e) Funding \nThere shall be appropriated such sums as may be necessary to carry out this section.", "id": "H5FD53B56F8B7429F8198745A2E5470AB", "header": "Funding", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1225", "legal-doc": "usc", "parsable-cite": "usc/8/1225" }, { "text": "8 U.S.C. 1225", "legal-doc": "usc", "parsable-cite": "usc/8/1225" } ] } ]
2
1. Short title This Act may be cited as the Immigrant Detained Persons Legal Rights Act. 2. Office of legal access programs (a) Establishment of office of legal access programs The Attorney General shall establish and maintain, within the Executive Office for Immigration Review, an Office of Legal Access Programs to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating noncitizens regarding administrative procedures and legal rights under United States immigration law and to establish other programs to assist in providing noncitizens access to legal information. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detained persons not later than 1 year after the enactment of this Act. The Attorney General shall seek input from nongovernmental organizations and stakeholders in developing this plan. (b) Legal orientation programs The legal orientation programs— (1) shall provide programs to assist noncitizens in or released from custody in making informed and timely decisions regarding their removal and eligibility for relief from removal in order to increase efficiency and reduce costs in immigration proceedings and Federal custody processes and to improve access to counsel and other legal services; (2) shall ensure that programs and written notice of rights are available in English and the five most common native languages spoken by the detained persons held in custody at that location during the preceding fiscal year; (3) shall identify unaccompanied noncitizen children, noncitizens with a serious mental disability, and other particularly vulnerable noncitizens for consideration by the Attorney General pursuant to section 292(c) of the Immigration and Nationality Act, as added by section 3502(c); and (4) may provide services to noncitizens in immigration proceedings under sections 235, 238, 240, and 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1225 , 1228, 1229a, and 1231(a)(5)) and to other noncitizens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act ( 8 U.S.C. 1225 , 1228, and 1229a). (c) Procedures The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all noncitizens in or released from custody within 5 days of arrival into custody and to inform such noncitizens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such noncitizens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (d) Rule of construction Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (e) Funding There shall be appropriated such sums as may be necessary to carry out this section.
3,297
[ "Judiciary Committee" ]
118hr7929ih
118
hr
7,929
ih
To amend title XX of the Social Security Act to provide for nursing home worker training grants.
[ { "text": "1. Short title \nThis Act may be cited as the Nursing Home Workforce Support and Expansion Act of 2024.", "id": "H6E5F76D521FF4015BFBCC6874C8C8B09", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Nursing home worker training grants \nSection 2041 of the Social Security Act ( 42 U.S.C. 1397m ) is amended to read as follows: 2041. Nursing home worker training grants \n(a) In general \n(1) State entitlement \n(A) In general \nEach State shall be entitled to receive from the Secretary for each fiscal year specified in subsection (e)(1) a grant in an amount equal to the amount allotted to the State under subparagraph (B). (B) State allotments \n(i) In general \nSubject to clauses (ii) and (iii), the amount allotted to a State under this subparagraph for a fiscal year shall be— (I) the number of State residents who have attained 65 years of age or are under a disability (as defined in section 216(i)(1)), as determined by the Secretary using the most recent version of the American Community Survey published by the Bureau of the Census or a successor data set; divided by (II) the total number of such residents of all States. (ii) Limitation \nThe amount allotted to a State under this subparagraph for a fiscal year shall be not less than 0.25 percent of the available amount for the fiscal year. (iii) Adjustment of state allotments \nSubject to clause (ii), the Secretary shall proportionately increase or decrease the amounts allotted under this subparagraph for a fiscal year as necessary to ensure that the available amount for the fiscal year is allotted among the States. (iv) Redeterminations \n(I) Frequency \nThe Secretary shall make the determination referred to in clause (i)(I) every 5 years. (II) Limitation \nSubject to clause (ii), the amount allotted to a State under this subparagraph, on the basis of such a determination, for a fiscal year after fiscal year 2029 shall be— (aa) not less than 90 percent of the amount of the grant made to the State under this subparagraph for the then preceding fiscal year; and (bb) not more than 110 percent of the amount referred to in item (aa). (2) Grants to Indian tribes and tribal organizations \n(A) In general \nThe Secretary, in consultation with the Secretary of the Interior, shall make grants in accordance with this section to Indian tribes and tribal organizations who operate at least 1 eligible setting. (B) Grant formula \nThe Secretary, in consultation with the Secretary of the Interior, shall devise a formula for distributing among Indian tribes and tribal organizations the amount required to be reserved by subsection (e)(1) for each fiscal year. (3) Sub-grants \nA State, Indian tribe, or tribal organization to which an amount is paid under this section may use the amount to make sub-grants to local organizations, including community organizations, local non-profits, elder rights and justice groups, and workforce development boards for any purpose described in paragraph (1) or (2) of subsection (b). (b) Use of funds \n(1) Required uses \nA State to which an amount is paid under this section shall use the amount to— (A) provide wage subsidies to eligible individuals; (B) provide student loan repayment or tuition assistance to eligible individuals for a degree or certification in a field relevant to their position referred to in subsection (f)(2); (C) guarantee affordable and accessible child care for eligible individuals, including help with referrals, co-pays, or other direct assistance; and (D) provide assistance where necessary with obtaining appropriate transportation, including public transportation if available, or gas money if public transportation is unavailable or impractical based on work hours or location. (2) Authorized uses \nA State to which an amount is paid under this section may use the amount to— (A) establish a reserve fund for financial assistance to eligible individuals in emergency situations; (B) provide in-kind resource donations, such as interview clothing and conference attendance fees; (C) provide assistance with programs and activities, including legal assistance, deemed necessary to address arrest or conviction records that are an employment barrier; (D) support employers operating an eligible setting in the State in providing employees with not less than 2 weeks of paid leave per year; or (E) provide other support services the Secretary deems necessary to allow for successful recruitment and retention of workers. (3) Provision of funds only for the benefit of eligible individuals in eligible settings \nA State to which an amount is paid under this section may provide the amount to only an eligible individual or a partner organization serving an eligible individual. (4) Nonsupplantation \nA State to which an amount is paid under this section shall not use the amount to supplant the expenditure of any State funds for recruiting or retaining employees in an eligible setting. (5) Obligation deadline \nA State, Indian tribe, or tribal organization shall remit to the Secretary for reallotment under this section any amount paid under this section for a fiscal year that is not obligated within 2 years after the end of the fiscal year. (c) Administration \nA State to which a grant is made under this section shall reserve not more than 10 percent of the grant to— (1) administer subgrants in accordance with this section; (2) provide technical assistance and support for applying for and accessing such a subgrant opportunity; (3) publicize the availability of the subgrants; (4) carry out activities to increase the supply of eligible individuals; and (5) provide technical assistance to help subgrantees find and train individuals to provide the services for which they are contracted. (d) Reports \n(1) State reports \nNot less frequently than annually, each State to which a grant has been made under this section shall transmit to the Secretary a written report describing the activities undertaken by the State pursuant to this section during the period covered by the report, which shall include— (A) the total amount expended in the State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in the State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(2) in an eligible setting in the State; (D) the average duration of employment for each such job category; (E) the average annual wage of workers in each job category described in subsection (f)(2) in an eligible setting in the State; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(2) in an eligible setting in the State is entitled by their contract; and (G) such other data elements as the Secretary deems relevant. (2) Report to the Congress \nNot later than 3 years after the date of the enactment of this section, and every 4 years thereafter, the Secretary shall submit to the Congress a written report outlining how the States have used the grants made under this section during the period covered by the report, which shall include— (A) the total amount expended in each State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in each State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(2) in an eligible setting; (D) the average duration of employment for each such job category, by State; (E) the average annual wage of workers in each job category described in subsection (f)(2) in an eligible setting; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(2) in an eligible setting is entitled by their contract; and (G) such other data elements as the Secretary deems relevant. (e) Appropriation \nOut of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $400,000,000 for each of fiscal years 2025 through 2028 to carry out this section, of which 2 percent shall be reserved for grants to Indian tribes and tribal organizations. (f) Definitions \nIn this section: (1) Available amount \nThe term available amount means, with respect to a fiscal year, the amount specified in subsection (e) that remains after the reservation required by such subsection for the fiscal year, plus all amounts remitted to the Secretary under subsection (b)(5) that have not been reallotted under subsection (a)(1)(B)(iii). (2) Eligible individual \nThe term eligible individual means an individual who— (A) (i) is a qualified home health aide, as defined in section 484.80(a) of title 42, Code of Federal Regulations; (ii) is a nurse aide approved by the State as meeting the requirements of sections 483.150 through 483.154 of such title, and is listed in good standing on the State nurse aide registry; (iii) is a personal care aide approved by the State, and furnishes personal care services, as defined in section 440.167 of such title; (iv) is a qualified hospice aide, as defined in section 418.76 of such title; (v) is a licensed practical nurse or a licensed or certified social worker; or (vi) is receiving training to be certified or licensed as such an aide, nurse, or social worker; and (B) provides (or, in the case of a trainee, intends to provide) services as such an aide, nurse, or social worker in an eligible setting. (3) Eligible setting \nThe term eligible setting means— (A) a skilled nursing facility, as defined in section 1819; (B) a nursing facility, as defined in section 1919; (C) a home health agency, as defined in section 1891; (D) a facility approved to deliver home or community-based services authorized under State options described in subsection (c) or (i) of section 1915 or, as relevant, demonstration projects authorized under section 1115; (E) a hospice, as defined in section 1814; or (F) a tribal assisted living facility. (4) Tribal organization \nThe term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act..", "id": "HAEA8A09E3FD042B1A20E548B3FA9617F", "header": "Nursing home worker training grants", "nested": [], "links": [ { "text": "42 U.S.C. 1397m", "legal-doc": "usc", "parsable-cite": "usc/42/1397m" } ] }, { "text": "2041. Nursing home worker training grants \n(a) In general \n(1) State entitlement \n(A) In general \nEach State shall be entitled to receive from the Secretary for each fiscal year specified in subsection (e)(1) a grant in an amount equal to the amount allotted to the State under subparagraph (B). (B) State allotments \n(i) In general \nSubject to clauses (ii) and (iii), the amount allotted to a State under this subparagraph for a fiscal year shall be— (I) the number of State residents who have attained 65 years of age or are under a disability (as defined in section 216(i)(1)), as determined by the Secretary using the most recent version of the American Community Survey published by the Bureau of the Census or a successor data set; divided by (II) the total number of such residents of all States. (ii) Limitation \nThe amount allotted to a State under this subparagraph for a fiscal year shall be not less than 0.25 percent of the available amount for the fiscal year. (iii) Adjustment of state allotments \nSubject to clause (ii), the Secretary shall proportionately increase or decrease the amounts allotted under this subparagraph for a fiscal year as necessary to ensure that the available amount for the fiscal year is allotted among the States. (iv) Redeterminations \n(I) Frequency \nThe Secretary shall make the determination referred to in clause (i)(I) every 5 years. (II) Limitation \nSubject to clause (ii), the amount allotted to a State under this subparagraph, on the basis of such a determination, for a fiscal year after fiscal year 2029 shall be— (aa) not less than 90 percent of the amount of the grant made to the State under this subparagraph for the then preceding fiscal year; and (bb) not more than 110 percent of the amount referred to in item (aa). (2) Grants to Indian tribes and tribal organizations \n(A) In general \nThe Secretary, in consultation with the Secretary of the Interior, shall make grants in accordance with this section to Indian tribes and tribal organizations who operate at least 1 eligible setting. (B) Grant formula \nThe Secretary, in consultation with the Secretary of the Interior, shall devise a formula for distributing among Indian tribes and tribal organizations the amount required to be reserved by subsection (e)(1) for each fiscal year. (3) Sub-grants \nA State, Indian tribe, or tribal organization to which an amount is paid under this section may use the amount to make sub-grants to local organizations, including community organizations, local non-profits, elder rights and justice groups, and workforce development boards for any purpose described in paragraph (1) or (2) of subsection (b). (b) Use of funds \n(1) Required uses \nA State to which an amount is paid under this section shall use the amount to— (A) provide wage subsidies to eligible individuals; (B) provide student loan repayment or tuition assistance to eligible individuals for a degree or certification in a field relevant to their position referred to in subsection (f)(2); (C) guarantee affordable and accessible child care for eligible individuals, including help with referrals, co-pays, or other direct assistance; and (D) provide assistance where necessary with obtaining appropriate transportation, including public transportation if available, or gas money if public transportation is unavailable or impractical based on work hours or location. (2) Authorized uses \nA State to which an amount is paid under this section may use the amount to— (A) establish a reserve fund for financial assistance to eligible individuals in emergency situations; (B) provide in-kind resource donations, such as interview clothing and conference attendance fees; (C) provide assistance with programs and activities, including legal assistance, deemed necessary to address arrest or conviction records that are an employment barrier; (D) support employers operating an eligible setting in the State in providing employees with not less than 2 weeks of paid leave per year; or (E) provide other support services the Secretary deems necessary to allow for successful recruitment and retention of workers. (3) Provision of funds only for the benefit of eligible individuals in eligible settings \nA State to which an amount is paid under this section may provide the amount to only an eligible individual or a partner organization serving an eligible individual. (4) Nonsupplantation \nA State to which an amount is paid under this section shall not use the amount to supplant the expenditure of any State funds for recruiting or retaining employees in an eligible setting. (5) Obligation deadline \nA State, Indian tribe, or tribal organization shall remit to the Secretary for reallotment under this section any amount paid under this section for a fiscal year that is not obligated within 2 years after the end of the fiscal year. (c) Administration \nA State to which a grant is made under this section shall reserve not more than 10 percent of the grant to— (1) administer subgrants in accordance with this section; (2) provide technical assistance and support for applying for and accessing such a subgrant opportunity; (3) publicize the availability of the subgrants; (4) carry out activities to increase the supply of eligible individuals; and (5) provide technical assistance to help subgrantees find and train individuals to provide the services for which they are contracted. (d) Reports \n(1) State reports \nNot less frequently than annually, each State to which a grant has been made under this section shall transmit to the Secretary a written report describing the activities undertaken by the State pursuant to this section during the period covered by the report, which shall include— (A) the total amount expended in the State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in the State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(2) in an eligible setting in the State; (D) the average duration of employment for each such job category; (E) the average annual wage of workers in each job category described in subsection (f)(2) in an eligible setting in the State; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(2) in an eligible setting in the State is entitled by their contract; and (G) such other data elements as the Secretary deems relevant. (2) Report to the Congress \nNot later than 3 years after the date of the enactment of this section, and every 4 years thereafter, the Secretary shall submit to the Congress a written report outlining how the States have used the grants made under this section during the period covered by the report, which shall include— (A) the total amount expended in each State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in each State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(2) in an eligible setting; (D) the average duration of employment for each such job category, by State; (E) the average annual wage of workers in each job category described in subsection (f)(2) in an eligible setting; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(2) in an eligible setting is entitled by their contract; and (G) such other data elements as the Secretary deems relevant. (e) Appropriation \nOut of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $400,000,000 for each of fiscal years 2025 through 2028 to carry out this section, of which 2 percent shall be reserved for grants to Indian tribes and tribal organizations. (f) Definitions \nIn this section: (1) Available amount \nThe term available amount means, with respect to a fiscal year, the amount specified in subsection (e) that remains after the reservation required by such subsection for the fiscal year, plus all amounts remitted to the Secretary under subsection (b)(5) that have not been reallotted under subsection (a)(1)(B)(iii). (2) Eligible individual \nThe term eligible individual means an individual who— (A) (i) is a qualified home health aide, as defined in section 484.80(a) of title 42, Code of Federal Regulations; (ii) is a nurse aide approved by the State as meeting the requirements of sections 483.150 through 483.154 of such title, and is listed in good standing on the State nurse aide registry; (iii) is a personal care aide approved by the State, and furnishes personal care services, as defined in section 440.167 of such title; (iv) is a qualified hospice aide, as defined in section 418.76 of such title; (v) is a licensed practical nurse or a licensed or certified social worker; or (vi) is receiving training to be certified or licensed as such an aide, nurse, or social worker; and (B) provides (or, in the case of a trainee, intends to provide) services as such an aide, nurse, or social worker in an eligible setting. (3) Eligible setting \nThe term eligible setting means— (A) a skilled nursing facility, as defined in section 1819; (B) a nursing facility, as defined in section 1919; (C) a home health agency, as defined in section 1891; (D) a facility approved to deliver home or community-based services authorized under State options described in subsection (c) or (i) of section 1915 or, as relevant, demonstration projects authorized under section 1115; (E) a hospice, as defined in section 1814; or (F) a tribal assisted living facility. (4) Tribal organization \nThe term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act.", "id": "H7F0E189109C04F44B50BDA761ABA2167", "header": "Nursing home worker training grants", "nested": [ { "text": "(a) In general \n(1) State entitlement \n(A) In general \nEach State shall be entitled to receive from the Secretary for each fiscal year specified in subsection (e)(1) a grant in an amount equal to the amount allotted to the State under subparagraph (B). (B) State allotments \n(i) In general \nSubject to clauses (ii) and (iii), the amount allotted to a State under this subparagraph for a fiscal year shall be— (I) the number of State residents who have attained 65 years of age or are under a disability (as defined in section 216(i)(1)), as determined by the Secretary using the most recent version of the American Community Survey published by the Bureau of the Census or a successor data set; divided by (II) the total number of such residents of all States. (ii) Limitation \nThe amount allotted to a State under this subparagraph for a fiscal year shall be not less than 0.25 percent of the available amount for the fiscal year. (iii) Adjustment of state allotments \nSubject to clause (ii), the Secretary shall proportionately increase or decrease the amounts allotted under this subparagraph for a fiscal year as necessary to ensure that the available amount for the fiscal year is allotted among the States. (iv) Redeterminations \n(I) Frequency \nThe Secretary shall make the determination referred to in clause (i)(I) every 5 years. (II) Limitation \nSubject to clause (ii), the amount allotted to a State under this subparagraph, on the basis of such a determination, for a fiscal year after fiscal year 2029 shall be— (aa) not less than 90 percent of the amount of the grant made to the State under this subparagraph for the then preceding fiscal year; and (bb) not more than 110 percent of the amount referred to in item (aa). (2) Grants to Indian tribes and tribal organizations \n(A) In general \nThe Secretary, in consultation with the Secretary of the Interior, shall make grants in accordance with this section to Indian tribes and tribal organizations who operate at least 1 eligible setting. (B) Grant formula \nThe Secretary, in consultation with the Secretary of the Interior, shall devise a formula for distributing among Indian tribes and tribal organizations the amount required to be reserved by subsection (e)(1) for each fiscal year. (3) Sub-grants \nA State, Indian tribe, or tribal organization to which an amount is paid under this section may use the amount to make sub-grants to local organizations, including community organizations, local non-profits, elder rights and justice groups, and workforce development boards for any purpose described in paragraph (1) or (2) of subsection (b).", "id": "H2C359F55AB844A38B2AB35F935A465B2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of funds \n(1) Required uses \nA State to which an amount is paid under this section shall use the amount to— (A) provide wage subsidies to eligible individuals; (B) provide student loan repayment or tuition assistance to eligible individuals for a degree or certification in a field relevant to their position referred to in subsection (f)(2); (C) guarantee affordable and accessible child care for eligible individuals, including help with referrals, co-pays, or other direct assistance; and (D) provide assistance where necessary with obtaining appropriate transportation, including public transportation if available, or gas money if public transportation is unavailable or impractical based on work hours or location. (2) Authorized uses \nA State to which an amount is paid under this section may use the amount to— (A) establish a reserve fund for financial assistance to eligible individuals in emergency situations; (B) provide in-kind resource donations, such as interview clothing and conference attendance fees; (C) provide assistance with programs and activities, including legal assistance, deemed necessary to address arrest or conviction records that are an employment barrier; (D) support employers operating an eligible setting in the State in providing employees with not less than 2 weeks of paid leave per year; or (E) provide other support services the Secretary deems necessary to allow for successful recruitment and retention of workers. (3) Provision of funds only for the benefit of eligible individuals in eligible settings \nA State to which an amount is paid under this section may provide the amount to only an eligible individual or a partner organization serving an eligible individual. (4) Nonsupplantation \nA State to which an amount is paid under this section shall not use the amount to supplant the expenditure of any State funds for recruiting or retaining employees in an eligible setting. (5) Obligation deadline \nA State, Indian tribe, or tribal organization shall remit to the Secretary for reallotment under this section any amount paid under this section for a fiscal year that is not obligated within 2 years after the end of the fiscal year.", "id": "HE906C5453ED64C0EAA4A2B8D4074A265", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Administration \nA State to which a grant is made under this section shall reserve not more than 10 percent of the grant to— (1) administer subgrants in accordance with this section; (2) provide technical assistance and support for applying for and accessing such a subgrant opportunity; (3) publicize the availability of the subgrants; (4) carry out activities to increase the supply of eligible individuals; and (5) provide technical assistance to help subgrantees find and train individuals to provide the services for which they are contracted.", "id": "HBB73505863214816AA81B8C2B7A2DDDA", "header": "Administration", "nested": [], "links": [] }, { "text": "(d) Reports \n(1) State reports \nNot less frequently than annually, each State to which a grant has been made under this section shall transmit to the Secretary a written report describing the activities undertaken by the State pursuant to this section during the period covered by the report, which shall include— (A) the total amount expended in the State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in the State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(2) in an eligible setting in the State; (D) the average duration of employment for each such job category; (E) the average annual wage of workers in each job category described in subsection (f)(2) in an eligible setting in the State; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(2) in an eligible setting in the State is entitled by their contract; and (G) such other data elements as the Secretary deems relevant. (2) Report to the Congress \nNot later than 3 years after the date of the enactment of this section, and every 4 years thereafter, the Secretary shall submit to the Congress a written report outlining how the States have used the grants made under this section during the period covered by the report, which shall include— (A) the total amount expended in each State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in each State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(2) in an eligible setting; (D) the average duration of employment for each such job category, by State; (E) the average annual wage of workers in each job category described in subsection (f)(2) in an eligible setting; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(2) in an eligible setting is entitled by their contract; and (G) such other data elements as the Secretary deems relevant.", "id": "H0304B003968041F49420B1D4B4F158A7", "header": "Reports", "nested": [], "links": [] }, { "text": "(e) Appropriation \nOut of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $400,000,000 for each of fiscal years 2025 through 2028 to carry out this section, of which 2 percent shall be reserved for grants to Indian tribes and tribal organizations.", "id": "H565BDF40E7C24B7FB4A4DF427F1961E0", "header": "Appropriation", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Available amount \nThe term available amount means, with respect to a fiscal year, the amount specified in subsection (e) that remains after the reservation required by such subsection for the fiscal year, plus all amounts remitted to the Secretary under subsection (b)(5) that have not been reallotted under subsection (a)(1)(B)(iii). (2) Eligible individual \nThe term eligible individual means an individual who— (A) (i) is a qualified home health aide, as defined in section 484.80(a) of title 42, Code of Federal Regulations; (ii) is a nurse aide approved by the State as meeting the requirements of sections 483.150 through 483.154 of such title, and is listed in good standing on the State nurse aide registry; (iii) is a personal care aide approved by the State, and furnishes personal care services, as defined in section 440.167 of such title; (iv) is a qualified hospice aide, as defined in section 418.76 of such title; (v) is a licensed practical nurse or a licensed or certified social worker; or (vi) is receiving training to be certified or licensed as such an aide, nurse, or social worker; and (B) provides (or, in the case of a trainee, intends to provide) services as such an aide, nurse, or social worker in an eligible setting. (3) Eligible setting \nThe term eligible setting means— (A) a skilled nursing facility, as defined in section 1819; (B) a nursing facility, as defined in section 1919; (C) a home health agency, as defined in section 1891; (D) a facility approved to deliver home or community-based services authorized under State options described in subsection (c) or (i) of section 1915 or, as relevant, demonstration projects authorized under section 1115; (E) a hospice, as defined in section 1814; or (F) a tribal assisted living facility. (4) Tribal organization \nThe term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act.", "id": "HCC44E61518FD4EFEAEC6340B133B15C7", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Nursing Home Workforce Support and Expansion Act of 2024. 2. Nursing home worker training grants Section 2041 of the Social Security Act ( 42 U.S.C. 1397m ) is amended to read as follows: 2041. Nursing home worker training grants (a) In general (1) State entitlement (A) In general Each State shall be entitled to receive from the Secretary for each fiscal year specified in subsection (e)(1) a grant in an amount equal to the amount allotted to the State under subparagraph (B). (B) State allotments (i) In general Subject to clauses (ii) and (iii), the amount allotted to a State under this subparagraph for a fiscal year shall be— (I) the number of State residents who have attained 65 years of age or are under a disability (as defined in section 216(i)(1)), as determined by the Secretary using the most recent version of the American Community Survey published by the Bureau of the Census or a successor data set; divided by (II) the total number of such residents of all States. (ii) Limitation The amount allotted to a State under this subparagraph for a fiscal year shall be not less than 0.25 percent of the available amount for the fiscal year. (iii) Adjustment of state allotments Subject to clause (ii), the Secretary shall proportionately increase or decrease the amounts allotted under this subparagraph for a fiscal year as necessary to ensure that the available amount for the fiscal year is allotted among the States. (iv) Redeterminations (I) Frequency The Secretary shall make the determination referred to in clause (i)(I) every 5 years. (II) Limitation Subject to clause (ii), the amount allotted to a State under this subparagraph, on the basis of such a determination, for a fiscal year after fiscal year 2029 shall be— (aa) not less than 90 percent of the amount of the grant made to the State under this subparagraph for the then preceding fiscal year; and (bb) not more than 110 percent of the amount referred to in item (aa). (2) Grants to Indian tribes and tribal organizations (A) In general The Secretary, in consultation with the Secretary of the Interior, shall make grants in accordance with this section to Indian tribes and tribal organizations who operate at least 1 eligible setting. (B) Grant formula The Secretary, in consultation with the Secretary of the Interior, shall devise a formula for distributing among Indian tribes and tribal organizations the amount required to be reserved by subsection (e)(1) for each fiscal year. (3) Sub-grants A State, Indian tribe, or tribal organization to which an amount is paid under this section may use the amount to make sub-grants to local organizations, including community organizations, local non-profits, elder rights and justice groups, and workforce development boards for any purpose described in paragraph (1) or (2) of subsection (b). (b) Use of funds (1) Required uses A State to which an amount is paid under this section shall use the amount to— (A) provide wage subsidies to eligible individuals; (B) provide student loan repayment or tuition assistance to eligible individuals for a degree or certification in a field relevant to their position referred to in subsection (f)(2); (C) guarantee affordable and accessible child care for eligible individuals, including help with referrals, co-pays, or other direct assistance; and (D) provide assistance where necessary with obtaining appropriate transportation, including public transportation if available, or gas money if public transportation is unavailable or impractical based on work hours or location. (2) Authorized uses A State to which an amount is paid under this section may use the amount to— (A) establish a reserve fund for financial assistance to eligible individuals in emergency situations; (B) provide in-kind resource donations, such as interview clothing and conference attendance fees; (C) provide assistance with programs and activities, including legal assistance, deemed necessary to address arrest or conviction records that are an employment barrier; (D) support employers operating an eligible setting in the State in providing employees with not less than 2 weeks of paid leave per year; or (E) provide other support services the Secretary deems necessary to allow for successful recruitment and retention of workers. (3) Provision of funds only for the benefit of eligible individuals in eligible settings A State to which an amount is paid under this section may provide the amount to only an eligible individual or a partner organization serving an eligible individual. (4) Nonsupplantation A State to which an amount is paid under this section shall not use the amount to supplant the expenditure of any State funds for recruiting or retaining employees in an eligible setting. (5) Obligation deadline A State, Indian tribe, or tribal organization shall remit to the Secretary for reallotment under this section any amount paid under this section for a fiscal year that is not obligated within 2 years after the end of the fiscal year. (c) Administration A State to which a grant is made under this section shall reserve not more than 10 percent of the grant to— (1) administer subgrants in accordance with this section; (2) provide technical assistance and support for applying for and accessing such a subgrant opportunity; (3) publicize the availability of the subgrants; (4) carry out activities to increase the supply of eligible individuals; and (5) provide technical assistance to help subgrantees find and train individuals to provide the services for which they are contracted. (d) Reports (1) State reports Not less frequently than annually, each State to which a grant has been made under this section shall transmit to the Secretary a written report describing the activities undertaken by the State pursuant to this section during the period covered by the report, which shall include— (A) the total amount expended in the State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in the State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(2) in an eligible setting in the State; (D) the average duration of employment for each such job category; (E) the average annual wage of workers in each job category described in subsection (f)(2) in an eligible setting in the State; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(2) in an eligible setting in the State is entitled by their contract; and (G) such other data elements as the Secretary deems relevant. (2) Report to the Congress Not later than 3 years after the date of the enactment of this section, and every 4 years thereafter, the Secretary shall submit to the Congress a written report outlining how the States have used the grants made under this section during the period covered by the report, which shall include— (A) the total amount expended in each State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in each State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(2) in an eligible setting; (D) the average duration of employment for each such job category, by State; (E) the average annual wage of workers in each job category described in subsection (f)(2) in an eligible setting; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(2) in an eligible setting is entitled by their contract; and (G) such other data elements as the Secretary deems relevant. (e) Appropriation Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $400,000,000 for each of fiscal years 2025 through 2028 to carry out this section, of which 2 percent shall be reserved for grants to Indian tribes and tribal organizations. (f) Definitions In this section: (1) Available amount The term available amount means, with respect to a fiscal year, the amount specified in subsection (e) that remains after the reservation required by such subsection for the fiscal year, plus all amounts remitted to the Secretary under subsection (b)(5) that have not been reallotted under subsection (a)(1)(B)(iii). (2) Eligible individual The term eligible individual means an individual who— (A) (i) is a qualified home health aide, as defined in section 484.80(a) of title 42, Code of Federal Regulations; (ii) is a nurse aide approved by the State as meeting the requirements of sections 483.150 through 483.154 of such title, and is listed in good standing on the State nurse aide registry; (iii) is a personal care aide approved by the State, and furnishes personal care services, as defined in section 440.167 of such title; (iv) is a qualified hospice aide, as defined in section 418.76 of such title; (v) is a licensed practical nurse or a licensed or certified social worker; or (vi) is receiving training to be certified or licensed as such an aide, nurse, or social worker; and (B) provides (or, in the case of a trainee, intends to provide) services as such an aide, nurse, or social worker in an eligible setting. (3) Eligible setting The term eligible setting means— (A) a skilled nursing facility, as defined in section 1819; (B) a nursing facility, as defined in section 1919; (C) a home health agency, as defined in section 1891; (D) a facility approved to deliver home or community-based services authorized under State options described in subsection (c) or (i) of section 1915 or, as relevant, demonstration projects authorized under section 1115; (E) a hospice, as defined in section 1814; or (F) a tribal assisted living facility. (4) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act.. 2041. Nursing home worker training grants (a) In general (1) State entitlement (A) In general Each State shall be entitled to receive from the Secretary for each fiscal year specified in subsection (e)(1) a grant in an amount equal to the amount allotted to the State under subparagraph (B). (B) State allotments (i) In general Subject to clauses (ii) and (iii), the amount allotted to a State under this subparagraph for a fiscal year shall be— (I) the number of State residents who have attained 65 years of age or are under a disability (as defined in section 216(i)(1)), as determined by the Secretary using the most recent version of the American Community Survey published by the Bureau of the Census or a successor data set; divided by (II) the total number of such residents of all States. (ii) Limitation The amount allotted to a State under this subparagraph for a fiscal year shall be not less than 0.25 percent of the available amount for the fiscal year. (iii) Adjustment of state allotments Subject to clause (ii), the Secretary shall proportionately increase or decrease the amounts allotted under this subparagraph for a fiscal year as necessary to ensure that the available amount for the fiscal year is allotted among the States. (iv) Redeterminations (I) Frequency The Secretary shall make the determination referred to in clause (i)(I) every 5 years. (II) Limitation Subject to clause (ii), the amount allotted to a State under this subparagraph, on the basis of such a determination, for a fiscal year after fiscal year 2029 shall be— (aa) not less than 90 percent of the amount of the grant made to the State under this subparagraph for the then preceding fiscal year; and (bb) not more than 110 percent of the amount referred to in item (aa). (2) Grants to Indian tribes and tribal organizations (A) In general The Secretary, in consultation with the Secretary of the Interior, shall make grants in accordance with this section to Indian tribes and tribal organizations who operate at least 1 eligible setting. (B) Grant formula The Secretary, in consultation with the Secretary of the Interior, shall devise a formula for distributing among Indian tribes and tribal organizations the amount required to be reserved by subsection (e)(1) for each fiscal year. (3) Sub-grants A State, Indian tribe, or tribal organization to which an amount is paid under this section may use the amount to make sub-grants to local organizations, including community organizations, local non-profits, elder rights and justice groups, and workforce development boards for any purpose described in paragraph (1) or (2) of subsection (b). (b) Use of funds (1) Required uses A State to which an amount is paid under this section shall use the amount to— (A) provide wage subsidies to eligible individuals; (B) provide student loan repayment or tuition assistance to eligible individuals for a degree or certification in a field relevant to their position referred to in subsection (f)(2); (C) guarantee affordable and accessible child care for eligible individuals, including help with referrals, co-pays, or other direct assistance; and (D) provide assistance where necessary with obtaining appropriate transportation, including public transportation if available, or gas money if public transportation is unavailable or impractical based on work hours or location. (2) Authorized uses A State to which an amount is paid under this section may use the amount to— (A) establish a reserve fund for financial assistance to eligible individuals in emergency situations; (B) provide in-kind resource donations, such as interview clothing and conference attendance fees; (C) provide assistance with programs and activities, including legal assistance, deemed necessary to address arrest or conviction records that are an employment barrier; (D) support employers operating an eligible setting in the State in providing employees with not less than 2 weeks of paid leave per year; or (E) provide other support services the Secretary deems necessary to allow for successful recruitment and retention of workers. (3) Provision of funds only for the benefit of eligible individuals in eligible settings A State to which an amount is paid under this section may provide the amount to only an eligible individual or a partner organization serving an eligible individual. (4) Nonsupplantation A State to which an amount is paid under this section shall not use the amount to supplant the expenditure of any State funds for recruiting or retaining employees in an eligible setting. (5) Obligation deadline A State, Indian tribe, or tribal organization shall remit to the Secretary for reallotment under this section any amount paid under this section for a fiscal year that is not obligated within 2 years after the end of the fiscal year. (c) Administration A State to which a grant is made under this section shall reserve not more than 10 percent of the grant to— (1) administer subgrants in accordance with this section; (2) provide technical assistance and support for applying for and accessing such a subgrant opportunity; (3) publicize the availability of the subgrants; (4) carry out activities to increase the supply of eligible individuals; and (5) provide technical assistance to help subgrantees find and train individuals to provide the services for which they are contracted. (d) Reports (1) State reports Not less frequently than annually, each State to which a grant has been made under this section shall transmit to the Secretary a written report describing the activities undertaken by the State pursuant to this section during the period covered by the report, which shall include— (A) the total amount expended in the State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in the State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(2) in an eligible setting in the State; (D) the average duration of employment for each such job category; (E) the average annual wage of workers in each job category described in subsection (f)(2) in an eligible setting in the State; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(2) in an eligible setting in the State is entitled by their contract; and (G) such other data elements as the Secretary deems relevant. (2) Report to the Congress Not later than 3 years after the date of the enactment of this section, and every 4 years thereafter, the Secretary shall submit to the Congress a written report outlining how the States have used the grants made under this section during the period covered by the report, which shall include— (A) the total amount expended in each State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in each State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(2) in an eligible setting; (D) the average duration of employment for each such job category, by State; (E) the average annual wage of workers in each job category described in subsection (f)(2) in an eligible setting; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(2) in an eligible setting is entitled by their contract; and (G) such other data elements as the Secretary deems relevant. (e) Appropriation Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $400,000,000 for each of fiscal years 2025 through 2028 to carry out this section, of which 2 percent shall be reserved for grants to Indian tribes and tribal organizations. (f) Definitions In this section: (1) Available amount The term available amount means, with respect to a fiscal year, the amount specified in subsection (e) that remains after the reservation required by such subsection for the fiscal year, plus all amounts remitted to the Secretary under subsection (b)(5) that have not been reallotted under subsection (a)(1)(B)(iii). (2) Eligible individual The term eligible individual means an individual who— (A) (i) is a qualified home health aide, as defined in section 484.80(a) of title 42, Code of Federal Regulations; (ii) is a nurse aide approved by the State as meeting the requirements of sections 483.150 through 483.154 of such title, and is listed in good standing on the State nurse aide registry; (iii) is a personal care aide approved by the State, and furnishes personal care services, as defined in section 440.167 of such title; (iv) is a qualified hospice aide, as defined in section 418.76 of such title; (v) is a licensed practical nurse or a licensed or certified social worker; or (vi) is receiving training to be certified or licensed as such an aide, nurse, or social worker; and (B) provides (or, in the case of a trainee, intends to provide) services as such an aide, nurse, or social worker in an eligible setting. (3) Eligible setting The term eligible setting means— (A) a skilled nursing facility, as defined in section 1819; (B) a nursing facility, as defined in section 1919; (C) a home health agency, as defined in section 1891; (D) a facility approved to deliver home or community-based services authorized under State options described in subsection (c) or (i) of section 1915 or, as relevant, demonstration projects authorized under section 1115; (E) a hospice, as defined in section 1814; or (F) a tribal assisted living facility. (4) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act.
20,174
[ "Ways and Means Committee" ]
118hr7278ih
118
hr
7,278
ih
To amend the Internal Revenue Code of 1986 to qualify homeless youth and veterans who are full-time students for purposes of the low-income housing tax credit.
[ { "text": "1. Short title \nThis Act may be cited as the Housing for Homeless Students Act of 2024.", "id": "HAC5C0A2489664DDAAC860869EC2FFBC5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Homeless youth and veterans who are full-time students qualified for purposes of the low-income housing tax credit \n(a) In general \nClause (i) of section 42(i)(3)(D) of the Internal Revenue Code of 1986 is amended by redesignating subclauses (II) and (III) as subclauses (IV) and (V), respectively, and by inserting after subclause (I) the following new subclauses: (II) a full-time student who, during any portion of the 7-year period ending with the commencement of such individual's continuous occupation of any low-income unit or units, was an individual described in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) ), (III) a full-time student who, during any portion of the 5-year period ending with the commencement of such individual's continuous occupation of any low-income unit or units, was an individual described in section 2002(a)(1) of title 38, United States Code,. (b) Effective date \nThe amendments made by subsection (a) shall apply to determinations made before, on, or after the date of the enactment of this Act.", "id": "HBB1419A766314D709EEF662DA669F2C6", "header": "Homeless youth and veterans who are full-time students qualified for purposes of the low-income housing tax credit", "nested": [ { "text": "(a) In general \nClause (i) of section 42(i)(3)(D) of the Internal Revenue Code of 1986 is amended by redesignating subclauses (II) and (III) as subclauses (IV) and (V), respectively, and by inserting after subclause (I) the following new subclauses: (II) a full-time student who, during any portion of the 7-year period ending with the commencement of such individual's continuous occupation of any low-income unit or units, was an individual described in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) ), (III) a full-time student who, during any portion of the 5-year period ending with the commencement of such individual's continuous occupation of any low-income unit or units, was an individual described in section 2002(a)(1) of title 38, United States Code,.", "id": "H3F257857F5374E9DB88F85D411796D3B", "header": "In general", "nested": [], "links": [ { "text": "section 42(i)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/26/42" }, { "text": "42 U.S.C. 11434a(2)", "legal-doc": "usc", "parsable-cite": "usc/42/11434a" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall apply to determinations made before, on, or after the date of the enactment of this Act.", "id": "H839A70AE7D8F4839B264C0DDCC37414F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 42(i)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/26/42" }, { "text": "42 U.S.C. 11434a(2)", "legal-doc": "usc", "parsable-cite": "usc/42/11434a" } ] } ]
2
1. Short title This Act may be cited as the Housing for Homeless Students Act of 2024. 2. Homeless youth and veterans who are full-time students qualified for purposes of the low-income housing tax credit (a) In general Clause (i) of section 42(i)(3)(D) of the Internal Revenue Code of 1986 is amended by redesignating subclauses (II) and (III) as subclauses (IV) and (V), respectively, and by inserting after subclause (I) the following new subclauses: (II) a full-time student who, during any portion of the 7-year period ending with the commencement of such individual's continuous occupation of any low-income unit or units, was an individual described in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) ), (III) a full-time student who, during any portion of the 5-year period ending with the commencement of such individual's continuous occupation of any low-income unit or units, was an individual described in section 2002(a)(1) of title 38, United States Code,. (b) Effective date The amendments made by subsection (a) shall apply to determinations made before, on, or after the date of the enactment of this Act.
1,161
[ "Ways and Means Committee" ]
118hr6589ih
118
hr
6,589
ih
To require a report on terrorist financing in the Americas, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the “ Prevent the Financing of Terrorism Through the Drug Trade Act ”.", "id": "H2F7F7806A85145589EF6E0E4E6B16681", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Report on terrorist financing in the Americas \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to Congress a report that includes the following: (1) An analysis of the major money making sources for terrorist financing by Hamas and Hezbollah in Mexico, Central America, South America, and the Caribbean. (2) An analysis of the amount of money held by Hamas and Hezbollah in Mexico, Central America, South America, and the Caribbean, including an identification of the countries in which it is being held. (3) An analysis of the extent to which Hamas and Hezbollah are linked to drug trafficking organizations in Mexico, Central America, South America, and the Caribbean and an analysis of the amount of their funds raised through the narcotics trade. (4) A description of United States and multilateral efforts to disrupt financing by Hamas and Hezbollah in Mexico, Central America, South America, and the Caribbean. (5) An evaluation of the United States efforts to disrupt financial flows from Mexico, Central America, South America, and the Caribbean to Hamas and Hezbollah. (b) National Terrorist Financing Risk Assessment report \nThe Secretary of the Treasury shall, in the next National Terrorist Financing Risk Assessment report issued by the Department of the Treasury on or after the date of the enactment of this Act— (1) identify Hamas as a Primary Threat under the report’s section relating to Threats ; and (2) include a full description of Hamas’s activities relating to terrorist financing under such section.", "id": "HCBDE3A115DB9451CBF4C87CFB5A64607", "header": "Report on terrorist financing in the Americas", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to Congress a report that includes the following: (1) An analysis of the major money making sources for terrorist financing by Hamas and Hezbollah in Mexico, Central America, South America, and the Caribbean. (2) An analysis of the amount of money held by Hamas and Hezbollah in Mexico, Central America, South America, and the Caribbean, including an identification of the countries in which it is being held. (3) An analysis of the extent to which Hamas and Hezbollah are linked to drug trafficking organizations in Mexico, Central America, South America, and the Caribbean and an analysis of the amount of their funds raised through the narcotics trade. (4) A description of United States and multilateral efforts to disrupt financing by Hamas and Hezbollah in Mexico, Central America, South America, and the Caribbean. (5) An evaluation of the United States efforts to disrupt financial flows from Mexico, Central America, South America, and the Caribbean to Hamas and Hezbollah.", "id": "H868685D10D464B47BDD85C64C3458308", "header": "In general", "nested": [], "links": [] }, { "text": "(b) National Terrorist Financing Risk Assessment report \nThe Secretary of the Treasury shall, in the next National Terrorist Financing Risk Assessment report issued by the Department of the Treasury on or after the date of the enactment of this Act— (1) identify Hamas as a Primary Threat under the report’s section relating to Threats ; and (2) include a full description of Hamas’s activities relating to terrorist financing under such section.", "id": "HC4F882EC956E47E4B63BA573D6A5C020", "header": "National Terrorist Financing Risk Assessment report", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the “ Prevent the Financing of Terrorism Through the Drug Trade Act ”. 2. Report on terrorist financing in the Americas (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to Congress a report that includes the following: (1) An analysis of the major money making sources for terrorist financing by Hamas and Hezbollah in Mexico, Central America, South America, and the Caribbean. (2) An analysis of the amount of money held by Hamas and Hezbollah in Mexico, Central America, South America, and the Caribbean, including an identification of the countries in which it is being held. (3) An analysis of the extent to which Hamas and Hezbollah are linked to drug trafficking organizations in Mexico, Central America, South America, and the Caribbean and an analysis of the amount of their funds raised through the narcotics trade. (4) A description of United States and multilateral efforts to disrupt financing by Hamas and Hezbollah in Mexico, Central America, South America, and the Caribbean. (5) An evaluation of the United States efforts to disrupt financial flows from Mexico, Central America, South America, and the Caribbean to Hamas and Hezbollah. (b) National Terrorist Financing Risk Assessment report The Secretary of the Treasury shall, in the next National Terrorist Financing Risk Assessment report issued by the Department of the Treasury on or after the date of the enactment of this Act— (1) identify Hamas as a Primary Threat under the report’s section relating to Threats ; and (2) include a full description of Hamas’s activities relating to terrorist financing under such section.
1,719
[ "Foreign Affairs Committee", "Financial Services Committee" ]
118hr6235ih
118
hr
6,235
ih
To amend the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 to address harmful algal blooms, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2023.", "id": "HE3918B657C774A4ABCB8DEF8920459AA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments to the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 \n(a) Assessments \nSection 603 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4001 ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking Inter-Agency Task Force and inserting Interagency Working Group ; and (B) in the matter preceding paragraph (1), by striking an Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. and inserting an Interagency Working Group on Harmful Algal Blooms and Hypoxia (hereafter referred to as the Task Force ). ; (2) by striking subsections (b), (c), (d), (e), (h), and (i) and redesignating subsections (f) and (g) as subsections (b) and (c), respectively; (3) in subsection (b), as so redesignated— (A) in paragraph (1), by striking coastal waters including the Great Lakes and inserting marine and freshwater systems ; and (B) in paragraph (2)— (i) by amending subparagraph (A) to read as follows: (A) examine the causes and ecological consequences of low oxygen on marine and aquatic species in their natural environments, the social and economic costs of hypoxia, and the cultural impacts of hypoxia; ; (ii) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (iii) by inserting after subparagraph (A) the following new subparagraph: (B) examine the effect of other environmental stressors on hypoxia; ; (iv) in subparagraph (C), as so redesignated, by inserting , social, after ecological ; and (v) in subparagraph (D), as so redesignated, by striking hypoxia modeling and monitoring data and inserting hypoxia modeling, forecasting, and monitoring and observation data ; and (4) in subsection (c), as so redesignated, by mending such subsection to read as follows: (c) Action strategy and scientific assessment for marine and freshwater harmful algal blooms \n(1) Not less often than once every five years, the Task Force shall complete and submit to Congress an action strategy, including a scientific assessment, for harmful algal blooms in the United States (in this Act referred to as the Action Strategy ). Each such Action Strategy, including scientific assessment, shall examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches of estuaries, those in freshwater lakes and rivers, and those that originate in freshwater lakes or rivers and migrate to coastal waters. (2) Each Action Strategy under this subsection shall— (A) examine the causes and ecological consequences, and the economic, social, and cultural impacts of harmful algal blooms; (B) examine the effect of other environmental stressors on harmful algal blooms; (C) examine potential methods to prevent, control, and mitigate harmful algal blooms and the potential ecological, social, cultural, and economic costs and benefits of such methods; (D) identify priorities for research needed to advance techniques and technologies to detect, predict, monitor, respond to, and minimize the occurrence, duration, and severity of harmful algal blooms, including recommendations to eliminate significant gaps in harmful algal bloom forecasting, monitoring, and observation data; (E) evaluate progress made by, and the needs of, Task Force activities and actions to prevent, control, and mitigate harmful algal blooms; (F) identify ways to improve coordination and prevent unnecessary duplication of effort among Federal departments and agencies with respect to research on harmful algal blooms; and (G) include regional chapters relating to the requirements described in this paragraph in order to highlight geographically and ecologically diverse locations with significant ecological, social, cultural, and economic impacts from harmful algal blooms.. (b) Consultations \nSection 102 of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 ( 33 U.S.C. 4001a ) is amended— (1) by striking the coastal ; (2) by inserting and after Indian tribes, ; (3) by inserting and after local governments, ; and (4) by striking with expertise in coastal zone science and management. (c) National harmful algal bloom and hypoxia program \nSection 603A of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4002 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking predicting, and inserting monitoring, observing, forecasting, ; and (B) in paragraph (2), by striking comprehensive research plan and action strategy under section 603B and inserting the Action Strategy, including scientific assessment, under section 603(c) ; (2) in subsection (c)— (A) in paragraph (3), by striking ocean and Great Lakes and inserting marine, estuarian, and freshwater systems ; and (B) in paragraph (5), by inserting while recognizing each agency is acting under its own independent mission and authority before the semicolon; (3) in subsection (d), by striking Except as provided in subsection (h), the and inserting The ; (4) in subsection (e)— (A) by amending paragraph (2) to read as follows: (2) examine, in collaboration with State, local, and Tribal entities, including island communities, low-population rural communities, Indigenous communities, subsistence communities, fisheries, and recreation industries that are most dependent on coastal and water resources that may be impacted by marine and freshwater harmful algal blooms and hypoxia, the causes, ecological consequences, cultural impacts, and social and economic costs of harmful algal blooms and hypoxia; ; (B) by striking paragraph (3); (C) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively; (D) in paragraph (3), as so redesignated— (i) by striking to, regional and inserting to regional ; and (ii) by striking agencies and inserting entities, and regional coastal observing systems (as such term is defined in section 12330(6) of the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3602(6) )) ; (E) in paragraph (5), as so redesignated, by inserting and communities after ecosystems ; (F) by inserting after paragraph (5) the following new paragraph: (6) support sustained observations to provide State, local, and Tribal entities and others access to real-time or near real-time observation data for decision-making to protect human and ecological health and local economies; ; (G) in paragraph (8), by striking State and local and inserting State, local, and Tribal ; and (H) in paragraph (9)(A), by striking tribal and inserting Tribal ; (5) by amending subsections (f) and (g) to read as follows: (f) Cooperative efforts \nThe Under Secretary shall work cooperatively with and avoid duplication of effort of other agencies on the Task Force, and with and of States, Indian tribes, and nongovernmental organizations concerned with marine and freshwater issues, and shall coordinate harmful algal bloom and hypoxia and related activities and research. (g) Freshwater program duties \nThe Administrator, in coordination with the Task Force, shall carry out the duties under subsection (e) for freshwater aspects of the Program. ; (6) by striking subsection (h); and (7) by redesignating subsection (i) as subsection (h). (d) National Oceanic and Atmospheric Administration activities \n(1) In general \nThe Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by amending section 603B ( 33 U.S.C. 4003 ) to read as follows: 603B. National Oceanic and Atmospheric Administration activities \n(a) In general \nThe Under Secretary shall— (1) carry out marine, coastal, and Great Lakes harmful algal bloom and hypoxia events response activities; (2) develop and enhance operational harmful algal bloom observing and forecasting programs, including operational observations and forecasting, monitoring, modeling, data management, and information dissemination; (3) maintain and enhance the existing peer-reviewed, merit-based, competitive grant funding relating to harmful algal blooms and hypoxia to— (A) maintain and enhance baseline monitoring programs established by the Program; (B) support the projects maintained and established by the Program; (C) address the research and management needs and priorities identified in the Action Strategy under section 603(c); (D) accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events; (E) identify opportunities to improve monitoring of harmful algal bloom and hypoxia, with a particular focus on coastal waters that may affect fisheries, public health, or subsistence harvest; (F) examine the effects of other environmental stressors on harmful algal blooms and hypoxia; (G) assess the effects of multiple environmental stressors on living marine resources and coastal ecosystems; and (H) evaluate adaptation and mitigation strategies to address the impacts of harmful algal blooms and hypoxia; (4) enhance communication and coordination among Federal agencies carrying out marine and freshwater harmful algal bloom and hypoxia activities and research; (5) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (6) use cost effective methods in carrying out this section. (b) Integrated Coastal and Ocean Observation System \nThe collection of monitoring and observing data under this section shall comply with all data standards and protocols developed pursuant to the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 et seq. ). Such data shall be made available through the system established under that Act.. (2) Clerical amendment \nThe table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by amending the item relating to section 603B to read as follows: Sec. 603B. National Oceanic and Atmospheric Administration activities.. (e) Environmental Protection Agency activities \n(1) In general \nThe Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by inserting after section 603B, as amended by subsection (d), the following new section: 603C. Environmental Protection Agency activities \nThe Administrator shall— (1) carry out research on the ecology and human health impacts of freshwater harmful algal blooms; (2) develop and maintain forecasting and monitoring of, and event response to, freshwater harmful algal blooms in lakes, reservoirs, rivers, and estuaries (including tributaries thereof); (3) enhance communication and coordination among Federal agencies carrying out freshwater harmful algal bloom and hypoxia activities and research; (4) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (5) use cost effective methods in carrying out this section.. (2) Clerical amendment \nThe table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by inserting after the time relating to section 603B, as amended by subsection (e), the following new item: Sec. 603C. Environmental Protection Agency activities.. (f) National harmful algal bloom and hypoxia observing network \n(1) In general \nThe Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by amending section 606 ( 33 U.S.C. 4005 ) to read as follows: 606. National harmful algal bloom observing network \n(a) In general \nThe Under Secretary, acting through the National Centers for Coastal Ocean Science (NCCOS) and the Integrated Ocean Observing System (IOOS) of the National Oceanic and Atmospheric Administration, shall establish a national network of harmful algal bloom observing systems for the monitoring, detection, and forecasting of harmful algal blooms by leveraging the capacity of IOOS regional associations, including through the incorporation of emerging technologies and new data integration methods, such as artificial intelligence. (b) Coordination \nIn carrying out subsection (a), the IOOS Program Office shall— (1) coordinate with NCCOS regarding observations, data integration, and information dissemination; and (2) establish a Harmful Algal Bloom Data Assembly Center to integrate, disseminate, and provide a central architecture to support ecological forecasting.. (2) Clerical amendment \nThe table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by amending the item relating to section 606 to read as follows: Sec. 606. National harmful algal bloom observing network.. (g) Definitions \nSection 609 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4008 ) is amended— (1) in paragraph (1), by striking means the comprehensive research plan and action strategy established under section 603B and inserting means the action strategy, including scientific assessment, for marine and freshwater harmful algal blooms established under section 603(c) ; (2) by amending paragraph (3) to read as follows: (3) Appropriate Federal official \nThe term appropriate Federal official means— (A) in the case of coastal hypoxia or harmful algal bloom event, including those in estuarine areas, the Under Secretary of Commerce for Oceans and Atmosphere; and (B) in the case of a freshwater hypoxia or harmful algal bloom event, the Administrator of the Environmental Protection Agency, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere.. (3) by striking paragraph (9); (4) by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (6), (7), (9), (10), and (11); (5) by inserting after paragraph (3) the following new paragraphs: (4) Harmful algal bloom; harmful algal bloom and hypoxia event \n(A) Harmful algal bloom \nThe term harmful algal bloom means marine or freshwater algae or macroalgae, including Sargassum, that proliferate to high concentrations, resulting in nuisance conditions or harmful impacts on marine and freshwater ecosystems, communities, or human health through the production of toxic compounds or other biological, chemical, or physical impacts of the algae outbreak. (B) Harmful algal bloom and hypoxia event \nThe term harmful algal bloom and hypoxia event means the occurrence of a harmful algal bloom or hypoxia as a result of a natural, anthropogenic, or undetermined cause. (5) Harmful algal bloom or hypoxia event of significance \nThe term event of significance means a harmful algal bloom or hypoxia event that has had or will likely have significant detrimental environmental, economic, social, subsistence use, or public health impacts. ; (6) in paragraph (6), as so redesignated— (A) by striking aquatic and inserting marine or freshwater ; and (B) by striking resident and inserting marine or freshwater ; (7) by inserting after paragraph (7), as so redesignated, the following new paragraph: (9 - 8) Subsistence use \nThe term subsistence use means the customary and traditional use of fish, wildlife, or other freshwater, coastal, or marine resources by any individual or community to meet personal or family needs, including essential economic, nutritional, or cultural applications. ; and (8) in paragraph (10), as so redesignated, by striking Inter-Agency Task Force and inserting Interagency Working Group. (h) Authorization of appropriations \nSection 610 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4009 ) is amended— (1) by amending subsection (a) to read as follows: (a) In general \nThere is authorized to be appropriated to the Under Secretary to carry out this title $34,600,000 for each of fiscal years 2024 through 2028. ; and (2) by adding at the end the following new subsection: (c) Transfer authority \nThe Under Secretary is authorized to make a direct non-expenditure transfer of funds authorized to be appropriated pursuant to subsection (a) to the head of any Federal department or agency, with the concurrence of such head, to carry out, as appropriate, relevant provisions of this title.. (i) National level incubator program; harmful algal bloom or hypoxia event of significance \n(1) In general \nThe Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by adding at the end the following new sections: 611. National level incubator program \n(a) In general \nThe Under Secretary, in collaboration with research universities and institutions, shall establish a national level incubator program to increase the number of available control strategies and technologies relating to harmful algal blooms. Such incubator shall establish a framework for preliminary assessments of novel harmful algal bloom prevention, mitigation, and control technologies in order to determine the potential for effectiveness and scalability. (b) Operation \nThe incubator under subsection (a) shall provide merit-based funding for harmful algal bloom control strategies and technologies that eliminate or reduce through biological, chemical, or physical means the levels of harmful algae and associated toxins. (c) Database \nThe incubator under subsection (a) shall establish a database to— (1) catalog the economic costs, feasibility, effectiveness, and scalability of both novel and established prevention, control, and mitigation measures; and (2) clarify the licensing and permitting requirements regulating the application of such measures. (d) Prioritization \nIn carrying out the incubator under subsection (a), the Under Secretary shall prioritize proposed activities that would— (1) protect key habitats for fish and wildlife; (2) maintain biodiversity; (3) protect public health; (4) protect coastal resources of national, historical, and cultural significance; and (5) benefit communities of color, low-income communities, Tribal or Indigenous communities, and rural communities. 612. Harmful algal bloom or hypoxia event of significance \n(a) Event of significance fund \n(1) Establishment \nThere is established in the Treasury of the United States a fund to be known as the Harmful Algal Bloom and Hypoxia Event of Significance Fund (in this section referred to as the Fund ). (2) Deposits into Fund \n(A) In general \nThere shall be deposited into the Fund the following: (i) Amounts appropriated to the Fund. (ii) Amounts transferred to the Fund under paragraph (3). (iii) Amounts received by the United States in the form of gifts, devises, and bequests under paragraph (4). (B) Availability \nAmounts deposited into the Fund shall be available without fiscal year limitation. (3) Transfer authority \nNotwithstanding any other provision of law, from amounts appropriated to the National Oceanic and Atmospheric Administration, the Under Secretary may transfer up to $2,000,000 to the Fund each fiscal year. (4) Acceptance of donations \nFor purposes of carrying out this section, the Under Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action. (5) Contract, grant, and cooperative agreement authority \nThe Under Secretary may enter into agreements and grants with States, Indian tribes, or local governments, or other entities to pay for or reimburse costs incurred for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of a harmful algal bloom or hypoxia event of significance. (6) Steering committee \n(A) In general \nNot later than 12 months after the date of the enactment of this section, the President, acting through the Under Secretary, shall establish a steering committee to assist in evaluating information and data submitted by eligible requesters under subsection (b)(1) in the event of a harmful algal bloom or hypoxia event of significance, in accordance with the considerations described in subsection (c)(3) and the Event of Significance Policy under subsection (c). (B) Membership \nThe steering committee established under this paragraph shall consist of individuals with knowledge and experience in aquatic or marine science, harmful algal bloom or hypoxia science, harmful algal bloom or hypoxia monitoring and forecasting, or harmful algal bloom or hypoxia prevention, mitigation, and control. (C) Charter \nThe Under Secretary shall develop and prescribe a charter for the steering committee established under this paragraph. Such charter shall reflect the full scope of the duties and activities of the steering committee. (D) Exemption \nChapter 10 of title 5, United States Code, shall not apply to the steering committee established under this paragraph. (7) Availability of funds \nUpon the submission of a request for a harmful algal bloom or hypoxia event of significance determination under subsection (b), the appropriate Federal official is authorized to make sums, from funds appropriated to the Fund, available to the affected State, local, or Tribal government for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of such event. (b) Requests and determinations \n(1) Eligible requesters \nNot later than two years after the beginning date of a harmful algal bloom or hypoxia event of significance, a request for a harmful algal bloom or hypoxia event of significance determination may be submitted to the appropriate Federal official, if the appropriate Federal official has not independently determined that such an event of significance has occurred, by any of the following: (A) The Governor of an affected State. (B) A leadership official of an affected Indian Tribe. (C) The executive official of the District of Columbia or a territory or possession of the United States, including Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa, if affected. (D) Any other comparable elected or politically appointed representative as determined by the Secretary, if affected. (2) Harmful algal bloom or hypoxia event of significance determination \nAt the discretion of an appropriate Federal official, or at the request of an eligible requester under subsection(b)(1), an appropriate Federal official, in consultation with the Steering Committee and NOAA, shall determine whether a harmful algal bloom or hypoxia event is an event of significance. (3) Considerations \nIn making a determination under paragraph (2), the appropriate Federal official shall consider such factors as the following: (A) The risk to public health and the potential severity of the detrimental environmental effects of the harmful algal bloom or hypoxia event at issue. (B) The potential to spread, the potential economic, social, and subsistence use impacts of such event. (C) The relative magnitude of impacts in relation to past occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis. (D) The geographic scope, including the potential to affect several municipalities, to affect more than one State, or to cross an international boundary. (4) Mitigation relief \nUpon determination that a harmful algal bloom or hypoxia event of significance has occurred under paragraph (2), the appropriate Federal official is authorized to make sums available, from funds appropriated for such purposes, to be used by the affected State, Tribal, or local government, or by the Under Secretary in cooperation with the affected State, local, or Tribal government, for the purposes of mitigating the environmental, economic, social, subsistence, and public health effects of such event. (c) Event of significance policy \n(1) Publication \nNot later than six months after the date of the enactment of this section, the appropriate Federal officials shall publish Harmful Algal Bloom and Hypoxia Event of Significance policies for marine and coastal harmful algal bloom or hypoxia events, and for freshwater harmful algal bloom or hypoxia events, respectively. Each such policy shall include the following: (A) Evaluation criteria and considerations to inform the determination of a harmful algal bloom or hypoxia event of significance under subsection (b)(3). (B) The type of supplementary information that an affected State or other eligible requester described in subsection (b)(1) may provide to accompany a harmful algal bloom or hypoxia event of significance request. (C) Process and criteria for prioritizing and evaluating multiple requests for a harmful algal bloom or hypoxia event of significance determination. (2) Opportunity for comment \nNot later than 120 days before publishing each final policy under paragraph (1), the appropriate Federal officials shall publish a draft of each such proposed policy in the Federal Register for a public comment period of not less than 60 days. (d) Limitations \n(1) Federal share \nExcept as provided in paragraph (2), the Federal share of the cost of any activity carried out under this subsection may not exceed 75 percent of the total cost of such activity. (2) Waiver \nThe appropriate Federal official may waive the non-Federal share requirements of this subsection, if the appropriate Federal official determines that— (A) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; (B) the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share; and (C) assistance is directed to support the assessment or mitigation of a harmful algal bloom or hypoxia event of significance affecting an Indian Tribe or subsistence use. (3) Fishery failures \n(A) In general \nAny analysis of a commercial fishery failure due to a fishery resource disaster caused by a harmful algal bloom or hypoxia event of significance shall be conducted pursuant to an appropriate request in accordance with the Magnusons-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ). (B) Fishery resource disaster relief \nNo funds available under this section may be used as part of response relief for a declared fishery resource disaster caused by a harmful algal bloom or hypoxia event, pursuant to the Magnusons-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ).. (2) Clerical amendments \nThe table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by inserting after the item relating to section 610 the following new item: Sec. 611. National level incubator program. Sec. 612. Harmful algal bloom or hypoxia event of significance..", "id": "H67FA5DA4924541D5A6FA05CC0B029A26", "header": "Amendments to the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998", "nested": [ { "text": "(a) Assessments \nSection 603 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4001 ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking Inter-Agency Task Force and inserting Interagency Working Group ; and (B) in the matter preceding paragraph (1), by striking an Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. and inserting an Interagency Working Group on Harmful Algal Blooms and Hypoxia (hereafter referred to as the Task Force ). ; (2) by striking subsections (b), (c), (d), (e), (h), and (i) and redesignating subsections (f) and (g) as subsections (b) and (c), respectively; (3) in subsection (b), as so redesignated— (A) in paragraph (1), by striking coastal waters including the Great Lakes and inserting marine and freshwater systems ; and (B) in paragraph (2)— (i) by amending subparagraph (A) to read as follows: (A) examine the causes and ecological consequences of low oxygen on marine and aquatic species in their natural environments, the social and economic costs of hypoxia, and the cultural impacts of hypoxia; ; (ii) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (iii) by inserting after subparagraph (A) the following new subparagraph: (B) examine the effect of other environmental stressors on hypoxia; ; (iv) in subparagraph (C), as so redesignated, by inserting , social, after ecological ; and (v) in subparagraph (D), as so redesignated, by striking hypoxia modeling and monitoring data and inserting hypoxia modeling, forecasting, and monitoring and observation data ; and (4) in subsection (c), as so redesignated, by mending such subsection to read as follows: (c) Action strategy and scientific assessment for marine and freshwater harmful algal blooms \n(1) Not less often than once every five years, the Task Force shall complete and submit to Congress an action strategy, including a scientific assessment, for harmful algal blooms in the United States (in this Act referred to as the Action Strategy ). Each such Action Strategy, including scientific assessment, shall examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches of estuaries, those in freshwater lakes and rivers, and those that originate in freshwater lakes or rivers and migrate to coastal waters. (2) Each Action Strategy under this subsection shall— (A) examine the causes and ecological consequences, and the economic, social, and cultural impacts of harmful algal blooms; (B) examine the effect of other environmental stressors on harmful algal blooms; (C) examine potential methods to prevent, control, and mitigate harmful algal blooms and the potential ecological, social, cultural, and economic costs and benefits of such methods; (D) identify priorities for research needed to advance techniques and technologies to detect, predict, monitor, respond to, and minimize the occurrence, duration, and severity of harmful algal blooms, including recommendations to eliminate significant gaps in harmful algal bloom forecasting, monitoring, and observation data; (E) evaluate progress made by, and the needs of, Task Force activities and actions to prevent, control, and mitigate harmful algal blooms; (F) identify ways to improve coordination and prevent unnecessary duplication of effort among Federal departments and agencies with respect to research on harmful algal blooms; and (G) include regional chapters relating to the requirements described in this paragraph in order to highlight geographically and ecologically diverse locations with significant ecological, social, cultural, and economic impacts from harmful algal blooms..", "id": "H7DDCCACE286441149EBBAEA7DBC9EF6E", "header": "Assessments", "nested": [], "links": [ { "text": "33 U.S.C. 4001", "legal-doc": "usc", "parsable-cite": "usc/33/4001" } ] }, { "text": "(b) Consultations \nSection 102 of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 ( 33 U.S.C. 4001a ) is amended— (1) by striking the coastal ; (2) by inserting and after Indian tribes, ; (3) by inserting and after local governments, ; and (4) by striking with expertise in coastal zone science and management.", "id": "HD28B9972175B4AF590019ED4FDB013D1", "header": "Consultations", "nested": [], "links": [ { "text": "33 U.S.C. 4001a", "legal-doc": "usc", "parsable-cite": "usc/33/4001a" } ] }, { "text": "(c) National harmful algal bloom and hypoxia program \nSection 603A of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4002 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking predicting, and inserting monitoring, observing, forecasting, ; and (B) in paragraph (2), by striking comprehensive research plan and action strategy under section 603B and inserting the Action Strategy, including scientific assessment, under section 603(c) ; (2) in subsection (c)— (A) in paragraph (3), by striking ocean and Great Lakes and inserting marine, estuarian, and freshwater systems ; and (B) in paragraph (5), by inserting while recognizing each agency is acting under its own independent mission and authority before the semicolon; (3) in subsection (d), by striking Except as provided in subsection (h), the and inserting The ; (4) in subsection (e)— (A) by amending paragraph (2) to read as follows: (2) examine, in collaboration with State, local, and Tribal entities, including island communities, low-population rural communities, Indigenous communities, subsistence communities, fisheries, and recreation industries that are most dependent on coastal and water resources that may be impacted by marine and freshwater harmful algal blooms and hypoxia, the causes, ecological consequences, cultural impacts, and social and economic costs of harmful algal blooms and hypoxia; ; (B) by striking paragraph (3); (C) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively; (D) in paragraph (3), as so redesignated— (i) by striking to, regional and inserting to regional ; and (ii) by striking agencies and inserting entities, and regional coastal observing systems (as such term is defined in section 12330(6) of the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3602(6) )) ; (E) in paragraph (5), as so redesignated, by inserting and communities after ecosystems ; (F) by inserting after paragraph (5) the following new paragraph: (6) support sustained observations to provide State, local, and Tribal entities and others access to real-time or near real-time observation data for decision-making to protect human and ecological health and local economies; ; (G) in paragraph (8), by striking State and local and inserting State, local, and Tribal ; and (H) in paragraph (9)(A), by striking tribal and inserting Tribal ; (5) by amending subsections (f) and (g) to read as follows: (f) Cooperative efforts \nThe Under Secretary shall work cooperatively with and avoid duplication of effort of other agencies on the Task Force, and with and of States, Indian tribes, and nongovernmental organizations concerned with marine and freshwater issues, and shall coordinate harmful algal bloom and hypoxia and related activities and research. (g) Freshwater program duties \nThe Administrator, in coordination with the Task Force, shall carry out the duties under subsection (e) for freshwater aspects of the Program. ; (6) by striking subsection (h); and (7) by redesignating subsection (i) as subsection (h).", "id": "HB7E5AC5DA74948B0ACDB1DC150C079F9", "header": "National harmful algal bloom and hypoxia program", "nested": [], "links": [ { "text": "33 U.S.C. 4002", "legal-doc": "usc", "parsable-cite": "usc/33/4002" }, { "text": "33 U.S.C. 3602(6)", "legal-doc": "usc", "parsable-cite": "usc/33/3602" } ] }, { "text": "(d) National Oceanic and Atmospheric Administration activities \n(1) In general \nThe Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by amending section 603B ( 33 U.S.C. 4003 ) to read as follows: 603B. National Oceanic and Atmospheric Administration activities \n(a) In general \nThe Under Secretary shall— (1) carry out marine, coastal, and Great Lakes harmful algal bloom and hypoxia events response activities; (2) develop and enhance operational harmful algal bloom observing and forecasting programs, including operational observations and forecasting, monitoring, modeling, data management, and information dissemination; (3) maintain and enhance the existing peer-reviewed, merit-based, competitive grant funding relating to harmful algal blooms and hypoxia to— (A) maintain and enhance baseline monitoring programs established by the Program; (B) support the projects maintained and established by the Program; (C) address the research and management needs and priorities identified in the Action Strategy under section 603(c); (D) accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events; (E) identify opportunities to improve monitoring of harmful algal bloom and hypoxia, with a particular focus on coastal waters that may affect fisheries, public health, or subsistence harvest; (F) examine the effects of other environmental stressors on harmful algal blooms and hypoxia; (G) assess the effects of multiple environmental stressors on living marine resources and coastal ecosystems; and (H) evaluate adaptation and mitigation strategies to address the impacts of harmful algal blooms and hypoxia; (4) enhance communication and coordination among Federal agencies carrying out marine and freshwater harmful algal bloom and hypoxia activities and research; (5) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (6) use cost effective methods in carrying out this section. (b) Integrated Coastal and Ocean Observation System \nThe collection of monitoring and observing data under this section shall comply with all data standards and protocols developed pursuant to the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 et seq. ). Such data shall be made available through the system established under that Act.. (2) Clerical amendment \nThe table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by amending the item relating to section 603B to read as follows: Sec. 603B. National Oceanic and Atmospheric Administration activities..", "id": "H51C07127063C44F5A9367FCD3F1A6E2C", "header": "National Oceanic and Atmospheric Administration activities", "nested": [], "links": [ { "text": "33 U.S.C. 4003", "legal-doc": "usc", "parsable-cite": "usc/33/4003" }, { "text": "33 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/3601" } ] }, { "text": "(e) Environmental Protection Agency activities \n(1) In general \nThe Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by inserting after section 603B, as amended by subsection (d), the following new section: 603C. Environmental Protection Agency activities \nThe Administrator shall— (1) carry out research on the ecology and human health impacts of freshwater harmful algal blooms; (2) develop and maintain forecasting and monitoring of, and event response to, freshwater harmful algal blooms in lakes, reservoirs, rivers, and estuaries (including tributaries thereof); (3) enhance communication and coordination among Federal agencies carrying out freshwater harmful algal bloom and hypoxia activities and research; (4) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (5) use cost effective methods in carrying out this section.. (2) Clerical amendment \nThe table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by inserting after the time relating to section 603B, as amended by subsection (e), the following new item: Sec. 603C. Environmental Protection Agency activities..", "id": "H548466CF539749A3AAE689BB1DB87B5A", "header": "Environmental Protection Agency activities", "nested": [], "links": [] }, { "text": "(f) National harmful algal bloom and hypoxia observing network \n(1) In general \nThe Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by amending section 606 ( 33 U.S.C. 4005 ) to read as follows: 606. National harmful algal bloom observing network \n(a) In general \nThe Under Secretary, acting through the National Centers for Coastal Ocean Science (NCCOS) and the Integrated Ocean Observing System (IOOS) of the National Oceanic and Atmospheric Administration, shall establish a national network of harmful algal bloom observing systems for the monitoring, detection, and forecasting of harmful algal blooms by leveraging the capacity of IOOS regional associations, including through the incorporation of emerging technologies and new data integration methods, such as artificial intelligence. (b) Coordination \nIn carrying out subsection (a), the IOOS Program Office shall— (1) coordinate with NCCOS regarding observations, data integration, and information dissemination; and (2) establish a Harmful Algal Bloom Data Assembly Center to integrate, disseminate, and provide a central architecture to support ecological forecasting.. (2) Clerical amendment \nThe table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by amending the item relating to section 606 to read as follows: Sec. 606. National harmful algal bloom observing network..", "id": "HFE15E45910714C47A7D5FF06DC450B8A", "header": "National harmful algal bloom and hypoxia observing network", "nested": [], "links": [ { "text": "33 U.S.C. 4005", "legal-doc": "usc", "parsable-cite": "usc/33/4005" } ] }, { "text": "(g) Definitions \nSection 609 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4008 ) is amended— (1) in paragraph (1), by striking means the comprehensive research plan and action strategy established under section 603B and inserting means the action strategy, including scientific assessment, for marine and freshwater harmful algal blooms established under section 603(c) ; (2) by amending paragraph (3) to read as follows: (3) Appropriate Federal official \nThe term appropriate Federal official means— (A) in the case of coastal hypoxia or harmful algal bloom event, including those in estuarine areas, the Under Secretary of Commerce for Oceans and Atmosphere; and (B) in the case of a freshwater hypoxia or harmful algal bloom event, the Administrator of the Environmental Protection Agency, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere.. (3) by striking paragraph (9); (4) by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (6), (7), (9), (10), and (11); (5) by inserting after paragraph (3) the following new paragraphs: (4) Harmful algal bloom; harmful algal bloom and hypoxia event \n(A) Harmful algal bloom \nThe term harmful algal bloom means marine or freshwater algae or macroalgae, including Sargassum, that proliferate to high concentrations, resulting in nuisance conditions or harmful impacts on marine and freshwater ecosystems, communities, or human health through the production of toxic compounds or other biological, chemical, or physical impacts of the algae outbreak. (B) Harmful algal bloom and hypoxia event \nThe term harmful algal bloom and hypoxia event means the occurrence of a harmful algal bloom or hypoxia as a result of a natural, anthropogenic, or undetermined cause. (5) Harmful algal bloom or hypoxia event of significance \nThe term event of significance means a harmful algal bloom or hypoxia event that has had or will likely have significant detrimental environmental, economic, social, subsistence use, or public health impacts. ; (6) in paragraph (6), as so redesignated— (A) by striking aquatic and inserting marine or freshwater ; and (B) by striking resident and inserting marine or freshwater ; (7) by inserting after paragraph (7), as so redesignated, the following new paragraph: (9 - 8) Subsistence use \nThe term subsistence use means the customary and traditional use of fish, wildlife, or other freshwater, coastal, or marine resources by any individual or community to meet personal or family needs, including essential economic, nutritional, or cultural applications. ; and (8) in paragraph (10), as so redesignated, by striking Inter-Agency Task Force and inserting Interagency Working Group.", "id": "H3E19DC8F431C429F977BEBA7D0513B53", "header": "Definitions", "nested": [], "links": [ { "text": "33 U.S.C. 4008", "legal-doc": "usc", "parsable-cite": "usc/33/4008" } ] }, { "text": "(h) Authorization of appropriations \nSection 610 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4009 ) is amended— (1) by amending subsection (a) to read as follows: (a) In general \nThere is authorized to be appropriated to the Under Secretary to carry out this title $34,600,000 for each of fiscal years 2024 through 2028. ; and (2) by adding at the end the following new subsection: (c) Transfer authority \nThe Under Secretary is authorized to make a direct non-expenditure transfer of funds authorized to be appropriated pursuant to subsection (a) to the head of any Federal department or agency, with the concurrence of such head, to carry out, as appropriate, relevant provisions of this title..", "id": "H28C21EADE5D14E39ABD5E087CEB3100B", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "33 U.S.C. 4009", "legal-doc": "usc", "parsable-cite": "usc/33/4009" } ] }, { "text": "(i) National level incubator program; harmful algal bloom or hypoxia event of significance \n(1) In general \nThe Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by adding at the end the following new sections: 611. National level incubator program \n(a) In general \nThe Under Secretary, in collaboration with research universities and institutions, shall establish a national level incubator program to increase the number of available control strategies and technologies relating to harmful algal blooms. Such incubator shall establish a framework for preliminary assessments of novel harmful algal bloom prevention, mitigation, and control technologies in order to determine the potential for effectiveness and scalability. (b) Operation \nThe incubator under subsection (a) shall provide merit-based funding for harmful algal bloom control strategies and technologies that eliminate or reduce through biological, chemical, or physical means the levels of harmful algae and associated toxins. (c) Database \nThe incubator under subsection (a) shall establish a database to— (1) catalog the economic costs, feasibility, effectiveness, and scalability of both novel and established prevention, control, and mitigation measures; and (2) clarify the licensing and permitting requirements regulating the application of such measures. (d) Prioritization \nIn carrying out the incubator under subsection (a), the Under Secretary shall prioritize proposed activities that would— (1) protect key habitats for fish and wildlife; (2) maintain biodiversity; (3) protect public health; (4) protect coastal resources of national, historical, and cultural significance; and (5) benefit communities of color, low-income communities, Tribal or Indigenous communities, and rural communities. 612. Harmful algal bloom or hypoxia event of significance \n(a) Event of significance fund \n(1) Establishment \nThere is established in the Treasury of the United States a fund to be known as the Harmful Algal Bloom and Hypoxia Event of Significance Fund (in this section referred to as the Fund ). (2) Deposits into Fund \n(A) In general \nThere shall be deposited into the Fund the following: (i) Amounts appropriated to the Fund. (ii) Amounts transferred to the Fund under paragraph (3). (iii) Amounts received by the United States in the form of gifts, devises, and bequests under paragraph (4). (B) Availability \nAmounts deposited into the Fund shall be available without fiscal year limitation. (3) Transfer authority \nNotwithstanding any other provision of law, from amounts appropriated to the National Oceanic and Atmospheric Administration, the Under Secretary may transfer up to $2,000,000 to the Fund each fiscal year. (4) Acceptance of donations \nFor purposes of carrying out this section, the Under Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action. (5) Contract, grant, and cooperative agreement authority \nThe Under Secretary may enter into agreements and grants with States, Indian tribes, or local governments, or other entities to pay for or reimburse costs incurred for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of a harmful algal bloom or hypoxia event of significance. (6) Steering committee \n(A) In general \nNot later than 12 months after the date of the enactment of this section, the President, acting through the Under Secretary, shall establish a steering committee to assist in evaluating information and data submitted by eligible requesters under subsection (b)(1) in the event of a harmful algal bloom or hypoxia event of significance, in accordance with the considerations described in subsection (c)(3) and the Event of Significance Policy under subsection (c). (B) Membership \nThe steering committee established under this paragraph shall consist of individuals with knowledge and experience in aquatic or marine science, harmful algal bloom or hypoxia science, harmful algal bloom or hypoxia monitoring and forecasting, or harmful algal bloom or hypoxia prevention, mitigation, and control. (C) Charter \nThe Under Secretary shall develop and prescribe a charter for the steering committee established under this paragraph. Such charter shall reflect the full scope of the duties and activities of the steering committee. (D) Exemption \nChapter 10 of title 5, United States Code, shall not apply to the steering committee established under this paragraph. (7) Availability of funds \nUpon the submission of a request for a harmful algal bloom or hypoxia event of significance determination under subsection (b), the appropriate Federal official is authorized to make sums, from funds appropriated to the Fund, available to the affected State, local, or Tribal government for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of such event. (b) Requests and determinations \n(1) Eligible requesters \nNot later than two years after the beginning date of a harmful algal bloom or hypoxia event of significance, a request for a harmful algal bloom or hypoxia event of significance determination may be submitted to the appropriate Federal official, if the appropriate Federal official has not independently determined that such an event of significance has occurred, by any of the following: (A) The Governor of an affected State. (B) A leadership official of an affected Indian Tribe. (C) The executive official of the District of Columbia or a territory or possession of the United States, including Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa, if affected. (D) Any other comparable elected or politically appointed representative as determined by the Secretary, if affected. (2) Harmful algal bloom or hypoxia event of significance determination \nAt the discretion of an appropriate Federal official, or at the request of an eligible requester under subsection(b)(1), an appropriate Federal official, in consultation with the Steering Committee and NOAA, shall determine whether a harmful algal bloom or hypoxia event is an event of significance. (3) Considerations \nIn making a determination under paragraph (2), the appropriate Federal official shall consider such factors as the following: (A) The risk to public health and the potential severity of the detrimental environmental effects of the harmful algal bloom or hypoxia event at issue. (B) The potential to spread, the potential economic, social, and subsistence use impacts of such event. (C) The relative magnitude of impacts in relation to past occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis. (D) The geographic scope, including the potential to affect several municipalities, to affect more than one State, or to cross an international boundary. (4) Mitigation relief \nUpon determination that a harmful algal bloom or hypoxia event of significance has occurred under paragraph (2), the appropriate Federal official is authorized to make sums available, from funds appropriated for such purposes, to be used by the affected State, Tribal, or local government, or by the Under Secretary in cooperation with the affected State, local, or Tribal government, for the purposes of mitigating the environmental, economic, social, subsistence, and public health effects of such event. (c) Event of significance policy \n(1) Publication \nNot later than six months after the date of the enactment of this section, the appropriate Federal officials shall publish Harmful Algal Bloom and Hypoxia Event of Significance policies for marine and coastal harmful algal bloom or hypoxia events, and for freshwater harmful algal bloom or hypoxia events, respectively. Each such policy shall include the following: (A) Evaluation criteria and considerations to inform the determination of a harmful algal bloom or hypoxia event of significance under subsection (b)(3). (B) The type of supplementary information that an affected State or other eligible requester described in subsection (b)(1) may provide to accompany a harmful algal bloom or hypoxia event of significance request. (C) Process and criteria for prioritizing and evaluating multiple requests for a harmful algal bloom or hypoxia event of significance determination. (2) Opportunity for comment \nNot later than 120 days before publishing each final policy under paragraph (1), the appropriate Federal officials shall publish a draft of each such proposed policy in the Federal Register for a public comment period of not less than 60 days. (d) Limitations \n(1) Federal share \nExcept as provided in paragraph (2), the Federal share of the cost of any activity carried out under this subsection may not exceed 75 percent of the total cost of such activity. (2) Waiver \nThe appropriate Federal official may waive the non-Federal share requirements of this subsection, if the appropriate Federal official determines that— (A) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; (B) the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share; and (C) assistance is directed to support the assessment or mitigation of a harmful algal bloom or hypoxia event of significance affecting an Indian Tribe or subsistence use. (3) Fishery failures \n(A) In general \nAny analysis of a commercial fishery failure due to a fishery resource disaster caused by a harmful algal bloom or hypoxia event of significance shall be conducted pursuant to an appropriate request in accordance with the Magnusons-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ). (B) Fishery resource disaster relief \nNo funds available under this section may be used as part of response relief for a declared fishery resource disaster caused by a harmful algal bloom or hypoxia event, pursuant to the Magnusons-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ).. (2) Clerical amendments \nThe table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by inserting after the item relating to section 610 the following new item: Sec. 611. National level incubator program. Sec. 612. Harmful algal bloom or hypoxia event of significance..", "id": "H8682B85C638642AB86A30674395DC160", "header": "National level incubator program; harmful algal bloom or hypoxia event of significance", "nested": [], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" }, { "text": "16 U.S.C. 1801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1801" }, { "text": "16 U.S.C. 1801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1801" } ] } ], "links": [ { "text": "33 U.S.C. 4001", "legal-doc": "usc", "parsable-cite": "usc/33/4001" }, { "text": "33 U.S.C. 4001a", "legal-doc": "usc", "parsable-cite": "usc/33/4001a" }, { "text": "33 U.S.C. 4002", "legal-doc": "usc", "parsable-cite": "usc/33/4002" }, { "text": "33 U.S.C. 3602(6)", "legal-doc": "usc", "parsable-cite": "usc/33/3602" }, { "text": "33 U.S.C. 4003", "legal-doc": "usc", "parsable-cite": "usc/33/4003" }, { "text": "33 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/3601" }, { "text": "33 U.S.C. 4005", "legal-doc": "usc", "parsable-cite": "usc/33/4005" }, { "text": "33 U.S.C. 4008", "legal-doc": "usc", "parsable-cite": "usc/33/4008" }, { "text": "33 U.S.C. 4009", "legal-doc": "usc", "parsable-cite": "usc/33/4009" }, { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" }, { "text": "16 U.S.C. 1801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1801" }, { "text": "16 U.S.C. 1801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1801" } ] }, { "text": "603B. National Oceanic and Atmospheric Administration activities \n(a) In general \nThe Under Secretary shall— (1) carry out marine, coastal, and Great Lakes harmful algal bloom and hypoxia events response activities; (2) develop and enhance operational harmful algal bloom observing and forecasting programs, including operational observations and forecasting, monitoring, modeling, data management, and information dissemination; (3) maintain and enhance the existing peer-reviewed, merit-based, competitive grant funding relating to harmful algal blooms and hypoxia to— (A) maintain and enhance baseline monitoring programs established by the Program; (B) support the projects maintained and established by the Program; (C) address the research and management needs and priorities identified in the Action Strategy under section 603(c); (D) accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events; (E) identify opportunities to improve monitoring of harmful algal bloom and hypoxia, with a particular focus on coastal waters that may affect fisheries, public health, or subsistence harvest; (F) examine the effects of other environmental stressors on harmful algal blooms and hypoxia; (G) assess the effects of multiple environmental stressors on living marine resources and coastal ecosystems; and (H) evaluate adaptation and mitigation strategies to address the impacts of harmful algal blooms and hypoxia; (4) enhance communication and coordination among Federal agencies carrying out marine and freshwater harmful algal bloom and hypoxia activities and research; (5) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (6) use cost effective methods in carrying out this section. (b) Integrated Coastal and Ocean Observation System \nThe collection of monitoring and observing data under this section shall comply with all data standards and protocols developed pursuant to the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 et seq. ). Such data shall be made available through the system established under that Act.", "id": "HA867C657B170458AA8ACEF6330BCDAF7", "header": "National Oceanic and Atmospheric Administration activities", "nested": [ { "text": "(a) In general \nThe Under Secretary shall— (1) carry out marine, coastal, and Great Lakes harmful algal bloom and hypoxia events response activities; (2) develop and enhance operational harmful algal bloom observing and forecasting programs, including operational observations and forecasting, monitoring, modeling, data management, and information dissemination; (3) maintain and enhance the existing peer-reviewed, merit-based, competitive grant funding relating to harmful algal blooms and hypoxia to— (A) maintain and enhance baseline monitoring programs established by the Program; (B) support the projects maintained and established by the Program; (C) address the research and management needs and priorities identified in the Action Strategy under section 603(c); (D) accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events; (E) identify opportunities to improve monitoring of harmful algal bloom and hypoxia, with a particular focus on coastal waters that may affect fisheries, public health, or subsistence harvest; (F) examine the effects of other environmental stressors on harmful algal blooms and hypoxia; (G) assess the effects of multiple environmental stressors on living marine resources and coastal ecosystems; and (H) evaluate adaptation and mitigation strategies to address the impacts of harmful algal blooms and hypoxia; (4) enhance communication and coordination among Federal agencies carrying out marine and freshwater harmful algal bloom and hypoxia activities and research; (5) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (6) use cost effective methods in carrying out this section.", "id": "H4FA3DF72BDE946D8B7B72426D5F35B4A", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Integrated Coastal and Ocean Observation System \nThe collection of monitoring and observing data under this section shall comply with all data standards and protocols developed pursuant to the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 et seq. ). Such data shall be made available through the system established under that Act.", "id": "H4A93C3F3824B467DA3AE8E480EF6F2B6", "header": "Integrated Coastal and Ocean Observation System", "nested": [], "links": [ { "text": "33 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/3601" } ] } ], "links": [ { "text": "33 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/3601" } ] }, { "text": "603C. Environmental Protection Agency activities \nThe Administrator shall— (1) carry out research on the ecology and human health impacts of freshwater harmful algal blooms; (2) develop and maintain forecasting and monitoring of, and event response to, freshwater harmful algal blooms in lakes, reservoirs, rivers, and estuaries (including tributaries thereof); (3) enhance communication and coordination among Federal agencies carrying out freshwater harmful algal bloom and hypoxia activities and research; (4) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (5) use cost effective methods in carrying out this section.", "id": "H8E1F2B78485946B6A63E98321B94E64C", "header": "Environmental Protection Agency activities", "nested": [], "links": [] }, { "text": "606. National harmful algal bloom observing network \n(a) In general \nThe Under Secretary, acting through the National Centers for Coastal Ocean Science (NCCOS) and the Integrated Ocean Observing System (IOOS) of the National Oceanic and Atmospheric Administration, shall establish a national network of harmful algal bloom observing systems for the monitoring, detection, and forecasting of harmful algal blooms by leveraging the capacity of IOOS regional associations, including through the incorporation of emerging technologies and new data integration methods, such as artificial intelligence. (b) Coordination \nIn carrying out subsection (a), the IOOS Program Office shall— (1) coordinate with NCCOS regarding observations, data integration, and information dissemination; and (2) establish a Harmful Algal Bloom Data Assembly Center to integrate, disseminate, and provide a central architecture to support ecological forecasting.", "id": "H51EDE36AE1524CDBB5575B6BB424FB46", "header": "National harmful algal bloom observing network", "nested": [ { "text": "(a) In general \nThe Under Secretary, acting through the National Centers for Coastal Ocean Science (NCCOS) and the Integrated Ocean Observing System (IOOS) of the National Oceanic and Atmospheric Administration, shall establish a national network of harmful algal bloom observing systems for the monitoring, detection, and forecasting of harmful algal blooms by leveraging the capacity of IOOS regional associations, including through the incorporation of emerging technologies and new data integration methods, such as artificial intelligence.", "id": "HD86E2BD1F9D44804B2390AEE699AD6D2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Coordination \nIn carrying out subsection (a), the IOOS Program Office shall— (1) coordinate with NCCOS regarding observations, data integration, and information dissemination; and (2) establish a Harmful Algal Bloom Data Assembly Center to integrate, disseminate, and provide a central architecture to support ecological forecasting.", "id": "HF0AF7C9258514BC5B37E516B3DB837D4", "header": "Coordination", "nested": [], "links": [] } ], "links": [] }, { "text": "611. National level incubator program \n(a) In general \nThe Under Secretary, in collaboration with research universities and institutions, shall establish a national level incubator program to increase the number of available control strategies and technologies relating to harmful algal blooms. Such incubator shall establish a framework for preliminary assessments of novel harmful algal bloom prevention, mitigation, and control technologies in order to determine the potential for effectiveness and scalability. (b) Operation \nThe incubator under subsection (a) shall provide merit-based funding for harmful algal bloom control strategies and technologies that eliminate or reduce through biological, chemical, or physical means the levels of harmful algae and associated toxins. (c) Database \nThe incubator under subsection (a) shall establish a database to— (1) catalog the economic costs, feasibility, effectiveness, and scalability of both novel and established prevention, control, and mitigation measures; and (2) clarify the licensing and permitting requirements regulating the application of such measures. (d) Prioritization \nIn carrying out the incubator under subsection (a), the Under Secretary shall prioritize proposed activities that would— (1) protect key habitats for fish and wildlife; (2) maintain biodiversity; (3) protect public health; (4) protect coastal resources of national, historical, and cultural significance; and (5) benefit communities of color, low-income communities, Tribal or Indigenous communities, and rural communities.", "id": "H064C1565EAAE4D71B699C8344A34E016", "header": "National level incubator program", "nested": [ { "text": "(a) In general \nThe Under Secretary, in collaboration with research universities and institutions, shall establish a national level incubator program to increase the number of available control strategies and technologies relating to harmful algal blooms. Such incubator shall establish a framework for preliminary assessments of novel harmful algal bloom prevention, mitigation, and control technologies in order to determine the potential for effectiveness and scalability.", "id": "HCB4A10B181854F1C859B044462C81219", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Operation \nThe incubator under subsection (a) shall provide merit-based funding for harmful algal bloom control strategies and technologies that eliminate or reduce through biological, chemical, or physical means the levels of harmful algae and associated toxins.", "id": "H751777BBD67248F99A381444E7524A7C", "header": "Operation", "nested": [], "links": [] }, { "text": "(c) Database \nThe incubator under subsection (a) shall establish a database to— (1) catalog the economic costs, feasibility, effectiveness, and scalability of both novel and established prevention, control, and mitigation measures; and (2) clarify the licensing and permitting requirements regulating the application of such measures.", "id": "H63054232A3E14818BA27FFE79F0BC3DC", "header": "Database", "nested": [], "links": [] }, { "text": "(d) Prioritization \nIn carrying out the incubator under subsection (a), the Under Secretary shall prioritize proposed activities that would— (1) protect key habitats for fish and wildlife; (2) maintain biodiversity; (3) protect public health; (4) protect coastal resources of national, historical, and cultural significance; and (5) benefit communities of color, low-income communities, Tribal or Indigenous communities, and rural communities.", "id": "H6A3E7797843E4F82968EB4F86278FD85", "header": "Prioritization", "nested": [], "links": [] } ], "links": [] }, { "text": "612. Harmful algal bloom or hypoxia event of significance \n(a) Event of significance fund \n(1) Establishment \nThere is established in the Treasury of the United States a fund to be known as the Harmful Algal Bloom and Hypoxia Event of Significance Fund (in this section referred to as the Fund ). (2) Deposits into Fund \n(A) In general \nThere shall be deposited into the Fund the following: (i) Amounts appropriated to the Fund. (ii) Amounts transferred to the Fund under paragraph (3). (iii) Amounts received by the United States in the form of gifts, devises, and bequests under paragraph (4). (B) Availability \nAmounts deposited into the Fund shall be available without fiscal year limitation. (3) Transfer authority \nNotwithstanding any other provision of law, from amounts appropriated to the National Oceanic and Atmospheric Administration, the Under Secretary may transfer up to $2,000,000 to the Fund each fiscal year. (4) Acceptance of donations \nFor purposes of carrying out this section, the Under Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action. (5) Contract, grant, and cooperative agreement authority \nThe Under Secretary may enter into agreements and grants with States, Indian tribes, or local governments, or other entities to pay for or reimburse costs incurred for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of a harmful algal bloom or hypoxia event of significance. (6) Steering committee \n(A) In general \nNot later than 12 months after the date of the enactment of this section, the President, acting through the Under Secretary, shall establish a steering committee to assist in evaluating information and data submitted by eligible requesters under subsection (b)(1) in the event of a harmful algal bloom or hypoxia event of significance, in accordance with the considerations described in subsection (c)(3) and the Event of Significance Policy under subsection (c). (B) Membership \nThe steering committee established under this paragraph shall consist of individuals with knowledge and experience in aquatic or marine science, harmful algal bloom or hypoxia science, harmful algal bloom or hypoxia monitoring and forecasting, or harmful algal bloom or hypoxia prevention, mitigation, and control. (C) Charter \nThe Under Secretary shall develop and prescribe a charter for the steering committee established under this paragraph. Such charter shall reflect the full scope of the duties and activities of the steering committee. (D) Exemption \nChapter 10 of title 5, United States Code, shall not apply to the steering committee established under this paragraph. (7) Availability of funds \nUpon the submission of a request for a harmful algal bloom or hypoxia event of significance determination under subsection (b), the appropriate Federal official is authorized to make sums, from funds appropriated to the Fund, available to the affected State, local, or Tribal government for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of such event. (b) Requests and determinations \n(1) Eligible requesters \nNot later than two years after the beginning date of a harmful algal bloom or hypoxia event of significance, a request for a harmful algal bloom or hypoxia event of significance determination may be submitted to the appropriate Federal official, if the appropriate Federal official has not independently determined that such an event of significance has occurred, by any of the following: (A) The Governor of an affected State. (B) A leadership official of an affected Indian Tribe. (C) The executive official of the District of Columbia or a territory or possession of the United States, including Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa, if affected. (D) Any other comparable elected or politically appointed representative as determined by the Secretary, if affected. (2) Harmful algal bloom or hypoxia event of significance determination \nAt the discretion of an appropriate Federal official, or at the request of an eligible requester under subsection(b)(1), an appropriate Federal official, in consultation with the Steering Committee and NOAA, shall determine whether a harmful algal bloom or hypoxia event is an event of significance. (3) Considerations \nIn making a determination under paragraph (2), the appropriate Federal official shall consider such factors as the following: (A) The risk to public health and the potential severity of the detrimental environmental effects of the harmful algal bloom or hypoxia event at issue. (B) The potential to spread, the potential economic, social, and subsistence use impacts of such event. (C) The relative magnitude of impacts in relation to past occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis. (D) The geographic scope, including the potential to affect several municipalities, to affect more than one State, or to cross an international boundary. (4) Mitigation relief \nUpon determination that a harmful algal bloom or hypoxia event of significance has occurred under paragraph (2), the appropriate Federal official is authorized to make sums available, from funds appropriated for such purposes, to be used by the affected State, Tribal, or local government, or by the Under Secretary in cooperation with the affected State, local, or Tribal government, for the purposes of mitigating the environmental, economic, social, subsistence, and public health effects of such event. (c) Event of significance policy \n(1) Publication \nNot later than six months after the date of the enactment of this section, the appropriate Federal officials shall publish Harmful Algal Bloom and Hypoxia Event of Significance policies for marine and coastal harmful algal bloom or hypoxia events, and for freshwater harmful algal bloom or hypoxia events, respectively. Each such policy shall include the following: (A) Evaluation criteria and considerations to inform the determination of a harmful algal bloom or hypoxia event of significance under subsection (b)(3). (B) The type of supplementary information that an affected State or other eligible requester described in subsection (b)(1) may provide to accompany a harmful algal bloom or hypoxia event of significance request. (C) Process and criteria for prioritizing and evaluating multiple requests for a harmful algal bloom or hypoxia event of significance determination. (2) Opportunity for comment \nNot later than 120 days before publishing each final policy under paragraph (1), the appropriate Federal officials shall publish a draft of each such proposed policy in the Federal Register for a public comment period of not less than 60 days. (d) Limitations \n(1) Federal share \nExcept as provided in paragraph (2), the Federal share of the cost of any activity carried out under this subsection may not exceed 75 percent of the total cost of such activity. (2) Waiver \nThe appropriate Federal official may waive the non-Federal share requirements of this subsection, if the appropriate Federal official determines that— (A) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; (B) the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share; and (C) assistance is directed to support the assessment or mitigation of a harmful algal bloom or hypoxia event of significance affecting an Indian Tribe or subsistence use. (3) Fishery failures \n(A) In general \nAny analysis of a commercial fishery failure due to a fishery resource disaster caused by a harmful algal bloom or hypoxia event of significance shall be conducted pursuant to an appropriate request in accordance with the Magnusons-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ). (B) Fishery resource disaster relief \nNo funds available under this section may be used as part of response relief for a declared fishery resource disaster caused by a harmful algal bloom or hypoxia event, pursuant to the Magnusons-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ).", "id": "H48B7656C8B2D4D019CD539FA7DCED2CF", "header": "Harmful algal bloom or hypoxia event of significance", "nested": [ { "text": "(a) Event of significance fund \n(1) Establishment \nThere is established in the Treasury of the United States a fund to be known as the Harmful Algal Bloom and Hypoxia Event of Significance Fund (in this section referred to as the Fund ). (2) Deposits into Fund \n(A) In general \nThere shall be deposited into the Fund the following: (i) Amounts appropriated to the Fund. (ii) Amounts transferred to the Fund under paragraph (3). (iii) Amounts received by the United States in the form of gifts, devises, and bequests under paragraph (4). (B) Availability \nAmounts deposited into the Fund shall be available without fiscal year limitation. (3) Transfer authority \nNotwithstanding any other provision of law, from amounts appropriated to the National Oceanic and Atmospheric Administration, the Under Secretary may transfer up to $2,000,000 to the Fund each fiscal year. (4) Acceptance of donations \nFor purposes of carrying out this section, the Under Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action. (5) Contract, grant, and cooperative agreement authority \nThe Under Secretary may enter into agreements and grants with States, Indian tribes, or local governments, or other entities to pay for or reimburse costs incurred for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of a harmful algal bloom or hypoxia event of significance. (6) Steering committee \n(A) In general \nNot later than 12 months after the date of the enactment of this section, the President, acting through the Under Secretary, shall establish a steering committee to assist in evaluating information and data submitted by eligible requesters under subsection (b)(1) in the event of a harmful algal bloom or hypoxia event of significance, in accordance with the considerations described in subsection (c)(3) and the Event of Significance Policy under subsection (c). (B) Membership \nThe steering committee established under this paragraph shall consist of individuals with knowledge and experience in aquatic or marine science, harmful algal bloom or hypoxia science, harmful algal bloom or hypoxia monitoring and forecasting, or harmful algal bloom or hypoxia prevention, mitigation, and control. (C) Charter \nThe Under Secretary shall develop and prescribe a charter for the steering committee established under this paragraph. Such charter shall reflect the full scope of the duties and activities of the steering committee. (D) Exemption \nChapter 10 of title 5, United States Code, shall not apply to the steering committee established under this paragraph. (7) Availability of funds \nUpon the submission of a request for a harmful algal bloom or hypoxia event of significance determination under subsection (b), the appropriate Federal official is authorized to make sums, from funds appropriated to the Fund, available to the affected State, local, or Tribal government for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of such event.", "id": "H1F35972CFCA04C549CA7F0D76A28E824", "header": "Event of significance fund", "nested": [], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "(b) Requests and determinations \n(1) Eligible requesters \nNot later than two years after the beginning date of a harmful algal bloom or hypoxia event of significance, a request for a harmful algal bloom or hypoxia event of significance determination may be submitted to the appropriate Federal official, if the appropriate Federal official has not independently determined that such an event of significance has occurred, by any of the following: (A) The Governor of an affected State. (B) A leadership official of an affected Indian Tribe. (C) The executive official of the District of Columbia or a territory or possession of the United States, including Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa, if affected. (D) Any other comparable elected or politically appointed representative as determined by the Secretary, if affected. (2) Harmful algal bloom or hypoxia event of significance determination \nAt the discretion of an appropriate Federal official, or at the request of an eligible requester under subsection(b)(1), an appropriate Federal official, in consultation with the Steering Committee and NOAA, shall determine whether a harmful algal bloom or hypoxia event is an event of significance. (3) Considerations \nIn making a determination under paragraph (2), the appropriate Federal official shall consider such factors as the following: (A) The risk to public health and the potential severity of the detrimental environmental effects of the harmful algal bloom or hypoxia event at issue. (B) The potential to spread, the potential economic, social, and subsistence use impacts of such event. (C) The relative magnitude of impacts in relation to past occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis. (D) The geographic scope, including the potential to affect several municipalities, to affect more than one State, or to cross an international boundary. (4) Mitigation relief \nUpon determination that a harmful algal bloom or hypoxia event of significance has occurred under paragraph (2), the appropriate Federal official is authorized to make sums available, from funds appropriated for such purposes, to be used by the affected State, Tribal, or local government, or by the Under Secretary in cooperation with the affected State, local, or Tribal government, for the purposes of mitigating the environmental, economic, social, subsistence, and public health effects of such event.", "id": "H84ECD186121D4541BAEA75C39B6FB193", "header": "Requests and determinations", "nested": [], "links": [] }, { "text": "(c) Event of significance policy \n(1) Publication \nNot later than six months after the date of the enactment of this section, the appropriate Federal officials shall publish Harmful Algal Bloom and Hypoxia Event of Significance policies for marine and coastal harmful algal bloom or hypoxia events, and for freshwater harmful algal bloom or hypoxia events, respectively. Each such policy shall include the following: (A) Evaluation criteria and considerations to inform the determination of a harmful algal bloom or hypoxia event of significance under subsection (b)(3). (B) The type of supplementary information that an affected State or other eligible requester described in subsection (b)(1) may provide to accompany a harmful algal bloom or hypoxia event of significance request. (C) Process and criteria for prioritizing and evaluating multiple requests for a harmful algal bloom or hypoxia event of significance determination. (2) Opportunity for comment \nNot later than 120 days before publishing each final policy under paragraph (1), the appropriate Federal officials shall publish a draft of each such proposed policy in the Federal Register for a public comment period of not less than 60 days.", "id": "HF2D5420A2B8642A7A14008DE9D8BEF46", "header": "Event of significance policy", "nested": [], "links": [] }, { "text": "(d) Limitations \n(1) Federal share \nExcept as provided in paragraph (2), the Federal share of the cost of any activity carried out under this subsection may not exceed 75 percent of the total cost of such activity. (2) Waiver \nThe appropriate Federal official may waive the non-Federal share requirements of this subsection, if the appropriate Federal official determines that— (A) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; (B) the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share; and (C) assistance is directed to support the assessment or mitigation of a harmful algal bloom or hypoxia event of significance affecting an Indian Tribe or subsistence use. (3) Fishery failures \n(A) In general \nAny analysis of a commercial fishery failure due to a fishery resource disaster caused by a harmful algal bloom or hypoxia event of significance shall be conducted pursuant to an appropriate request in accordance with the Magnusons-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ). (B) Fishery resource disaster relief \nNo funds available under this section may be used as part of response relief for a declared fishery resource disaster caused by a harmful algal bloom or hypoxia event, pursuant to the Magnusons-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ).", "id": "H691564E1546B4F21B578763AAAA05950", "header": "Limitations", "nested": [], "links": [ { "text": "16 U.S.C. 1801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1801" }, { "text": "16 U.S.C. 1801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1801" } ] } ], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" }, { "text": "16 U.S.C. 1801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1801" }, { "text": "16 U.S.C. 1801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1801" } ] } ]
7
1. Short title This Act may be cited as the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2023. 2. Amendments to the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (a) Assessments Section 603 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4001 ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking Inter-Agency Task Force and inserting Interagency Working Group ; and (B) in the matter preceding paragraph (1), by striking an Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. and inserting an Interagency Working Group on Harmful Algal Blooms and Hypoxia (hereafter referred to as the Task Force ). ; (2) by striking subsections (b), (c), (d), (e), (h), and (i) and redesignating subsections (f) and (g) as subsections (b) and (c), respectively; (3) in subsection (b), as so redesignated— (A) in paragraph (1), by striking coastal waters including the Great Lakes and inserting marine and freshwater systems ; and (B) in paragraph (2)— (i) by amending subparagraph (A) to read as follows: (A) examine the causes and ecological consequences of low oxygen on marine and aquatic species in their natural environments, the social and economic costs of hypoxia, and the cultural impacts of hypoxia; ; (ii) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (iii) by inserting after subparagraph (A) the following new subparagraph: (B) examine the effect of other environmental stressors on hypoxia; ; (iv) in subparagraph (C), as so redesignated, by inserting , social, after ecological ; and (v) in subparagraph (D), as so redesignated, by striking hypoxia modeling and monitoring data and inserting hypoxia modeling, forecasting, and monitoring and observation data ; and (4) in subsection (c), as so redesignated, by mending such subsection to read as follows: (c) Action strategy and scientific assessment for marine and freshwater harmful algal blooms (1) Not less often than once every five years, the Task Force shall complete and submit to Congress an action strategy, including a scientific assessment, for harmful algal blooms in the United States (in this Act referred to as the Action Strategy ). Each such Action Strategy, including scientific assessment, shall examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches of estuaries, those in freshwater lakes and rivers, and those that originate in freshwater lakes or rivers and migrate to coastal waters. (2) Each Action Strategy under this subsection shall— (A) examine the causes and ecological consequences, and the economic, social, and cultural impacts of harmful algal blooms; (B) examine the effect of other environmental stressors on harmful algal blooms; (C) examine potential methods to prevent, control, and mitigate harmful algal blooms and the potential ecological, social, cultural, and economic costs and benefits of such methods; (D) identify priorities for research needed to advance techniques and technologies to detect, predict, monitor, respond to, and minimize the occurrence, duration, and severity of harmful algal blooms, including recommendations to eliminate significant gaps in harmful algal bloom forecasting, monitoring, and observation data; (E) evaluate progress made by, and the needs of, Task Force activities and actions to prevent, control, and mitigate harmful algal blooms; (F) identify ways to improve coordination and prevent unnecessary duplication of effort among Federal departments and agencies with respect to research on harmful algal blooms; and (G) include regional chapters relating to the requirements described in this paragraph in order to highlight geographically and ecologically diverse locations with significant ecological, social, cultural, and economic impacts from harmful algal blooms.. (b) Consultations Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 ( 33 U.S.C. 4001a ) is amended— (1) by striking the coastal ; (2) by inserting and after Indian tribes, ; (3) by inserting and after local governments, ; and (4) by striking with expertise in coastal zone science and management. (c) National harmful algal bloom and hypoxia program Section 603A of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4002 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking predicting, and inserting monitoring, observing, forecasting, ; and (B) in paragraph (2), by striking comprehensive research plan and action strategy under section 603B and inserting the Action Strategy, including scientific assessment, under section 603(c) ; (2) in subsection (c)— (A) in paragraph (3), by striking ocean and Great Lakes and inserting marine, estuarian, and freshwater systems ; and (B) in paragraph (5), by inserting while recognizing each agency is acting under its own independent mission and authority before the semicolon; (3) in subsection (d), by striking Except as provided in subsection (h), the and inserting The ; (4) in subsection (e)— (A) by amending paragraph (2) to read as follows: (2) examine, in collaboration with State, local, and Tribal entities, including island communities, low-population rural communities, Indigenous communities, subsistence communities, fisheries, and recreation industries that are most dependent on coastal and water resources that may be impacted by marine and freshwater harmful algal blooms and hypoxia, the causes, ecological consequences, cultural impacts, and social and economic costs of harmful algal blooms and hypoxia; ; (B) by striking paragraph (3); (C) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively; (D) in paragraph (3), as so redesignated— (i) by striking to, regional and inserting to regional ; and (ii) by striking agencies and inserting entities, and regional coastal observing systems (as such term is defined in section 12330(6) of the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3602(6) )) ; (E) in paragraph (5), as so redesignated, by inserting and communities after ecosystems ; (F) by inserting after paragraph (5) the following new paragraph: (6) support sustained observations to provide State, local, and Tribal entities and others access to real-time or near real-time observation data for decision-making to protect human and ecological health and local economies; ; (G) in paragraph (8), by striking State and local and inserting State, local, and Tribal ; and (H) in paragraph (9)(A), by striking tribal and inserting Tribal ; (5) by amending subsections (f) and (g) to read as follows: (f) Cooperative efforts The Under Secretary shall work cooperatively with and avoid duplication of effort of other agencies on the Task Force, and with and of States, Indian tribes, and nongovernmental organizations concerned with marine and freshwater issues, and shall coordinate harmful algal bloom and hypoxia and related activities and research. (g) Freshwater program duties The Administrator, in coordination with the Task Force, shall carry out the duties under subsection (e) for freshwater aspects of the Program. ; (6) by striking subsection (h); and (7) by redesignating subsection (i) as subsection (h). (d) National Oceanic and Atmospheric Administration activities (1) In general The Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by amending section 603B ( 33 U.S.C. 4003 ) to read as follows: 603B. National Oceanic and Atmospheric Administration activities (a) In general The Under Secretary shall— (1) carry out marine, coastal, and Great Lakes harmful algal bloom and hypoxia events response activities; (2) develop and enhance operational harmful algal bloom observing and forecasting programs, including operational observations and forecasting, monitoring, modeling, data management, and information dissemination; (3) maintain and enhance the existing peer-reviewed, merit-based, competitive grant funding relating to harmful algal blooms and hypoxia to— (A) maintain and enhance baseline monitoring programs established by the Program; (B) support the projects maintained and established by the Program; (C) address the research and management needs and priorities identified in the Action Strategy under section 603(c); (D) accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events; (E) identify opportunities to improve monitoring of harmful algal bloom and hypoxia, with a particular focus on coastal waters that may affect fisheries, public health, or subsistence harvest; (F) examine the effects of other environmental stressors on harmful algal blooms and hypoxia; (G) assess the effects of multiple environmental stressors on living marine resources and coastal ecosystems; and (H) evaluate adaptation and mitigation strategies to address the impacts of harmful algal blooms and hypoxia; (4) enhance communication and coordination among Federal agencies carrying out marine and freshwater harmful algal bloom and hypoxia activities and research; (5) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (6) use cost effective methods in carrying out this section. (b) Integrated Coastal and Ocean Observation System The collection of monitoring and observing data under this section shall comply with all data standards and protocols developed pursuant to the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 et seq. ). Such data shall be made available through the system established under that Act.. (2) Clerical amendment The table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by amending the item relating to section 603B to read as follows: Sec. 603B. National Oceanic and Atmospheric Administration activities.. (e) Environmental Protection Agency activities (1) In general The Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by inserting after section 603B, as amended by subsection (d), the following new section: 603C. Environmental Protection Agency activities The Administrator shall— (1) carry out research on the ecology and human health impacts of freshwater harmful algal blooms; (2) develop and maintain forecasting and monitoring of, and event response to, freshwater harmful algal blooms in lakes, reservoirs, rivers, and estuaries (including tributaries thereof); (3) enhance communication and coordination among Federal agencies carrying out freshwater harmful algal bloom and hypoxia activities and research; (4) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (5) use cost effective methods in carrying out this section.. (2) Clerical amendment The table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by inserting after the time relating to section 603B, as amended by subsection (e), the following new item: Sec. 603C. Environmental Protection Agency activities.. (f) National harmful algal bloom and hypoxia observing network (1) In general The Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by amending section 606 ( 33 U.S.C. 4005 ) to read as follows: 606. National harmful algal bloom observing network (a) In general The Under Secretary, acting through the National Centers for Coastal Ocean Science (NCCOS) and the Integrated Ocean Observing System (IOOS) of the National Oceanic and Atmospheric Administration, shall establish a national network of harmful algal bloom observing systems for the monitoring, detection, and forecasting of harmful algal blooms by leveraging the capacity of IOOS regional associations, including through the incorporation of emerging technologies and new data integration methods, such as artificial intelligence. (b) Coordination In carrying out subsection (a), the IOOS Program Office shall— (1) coordinate with NCCOS regarding observations, data integration, and information dissemination; and (2) establish a Harmful Algal Bloom Data Assembly Center to integrate, disseminate, and provide a central architecture to support ecological forecasting.. (2) Clerical amendment The table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by amending the item relating to section 606 to read as follows: Sec. 606. National harmful algal bloom observing network.. (g) Definitions Section 609 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4008 ) is amended— (1) in paragraph (1), by striking means the comprehensive research plan and action strategy established under section 603B and inserting means the action strategy, including scientific assessment, for marine and freshwater harmful algal blooms established under section 603(c) ; (2) by amending paragraph (3) to read as follows: (3) Appropriate Federal official The term appropriate Federal official means— (A) in the case of coastal hypoxia or harmful algal bloom event, including those in estuarine areas, the Under Secretary of Commerce for Oceans and Atmosphere; and (B) in the case of a freshwater hypoxia or harmful algal bloom event, the Administrator of the Environmental Protection Agency, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere.. (3) by striking paragraph (9); (4) by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (6), (7), (9), (10), and (11); (5) by inserting after paragraph (3) the following new paragraphs: (4) Harmful algal bloom; harmful algal bloom and hypoxia event (A) Harmful algal bloom The term harmful algal bloom means marine or freshwater algae or macroalgae, including Sargassum, that proliferate to high concentrations, resulting in nuisance conditions or harmful impacts on marine and freshwater ecosystems, communities, or human health through the production of toxic compounds or other biological, chemical, or physical impacts of the algae outbreak. (B) Harmful algal bloom and hypoxia event The term harmful algal bloom and hypoxia event means the occurrence of a harmful algal bloom or hypoxia as a result of a natural, anthropogenic, or undetermined cause. (5) Harmful algal bloom or hypoxia event of significance The term event of significance means a harmful algal bloom or hypoxia event that has had or will likely have significant detrimental environmental, economic, social, subsistence use, or public health impacts. ; (6) in paragraph (6), as so redesignated— (A) by striking aquatic and inserting marine or freshwater ; and (B) by striking resident and inserting marine or freshwater ; (7) by inserting after paragraph (7), as so redesignated, the following new paragraph: (9 - 8) Subsistence use The term subsistence use means the customary and traditional use of fish, wildlife, or other freshwater, coastal, or marine resources by any individual or community to meet personal or family needs, including essential economic, nutritional, or cultural applications. ; and (8) in paragraph (10), as so redesignated, by striking Inter-Agency Task Force and inserting Interagency Working Group. (h) Authorization of appropriations Section 610 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4009 ) is amended— (1) by amending subsection (a) to read as follows: (a) In general There is authorized to be appropriated to the Under Secretary to carry out this title $34,600,000 for each of fiscal years 2024 through 2028. ; and (2) by adding at the end the following new subsection: (c) Transfer authority The Under Secretary is authorized to make a direct non-expenditure transfer of funds authorized to be appropriated pursuant to subsection (a) to the head of any Federal department or agency, with the concurrence of such head, to carry out, as appropriate, relevant provisions of this title.. (i) National level incubator program; harmful algal bloom or hypoxia event of significance (1) In general The Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by adding at the end the following new sections: 611. National level incubator program (a) In general The Under Secretary, in collaboration with research universities and institutions, shall establish a national level incubator program to increase the number of available control strategies and technologies relating to harmful algal blooms. Such incubator shall establish a framework for preliminary assessments of novel harmful algal bloom prevention, mitigation, and control technologies in order to determine the potential for effectiveness and scalability. (b) Operation The incubator under subsection (a) shall provide merit-based funding for harmful algal bloom control strategies and technologies that eliminate or reduce through biological, chemical, or physical means the levels of harmful algae and associated toxins. (c) Database The incubator under subsection (a) shall establish a database to— (1) catalog the economic costs, feasibility, effectiveness, and scalability of both novel and established prevention, control, and mitigation measures; and (2) clarify the licensing and permitting requirements regulating the application of such measures. (d) Prioritization In carrying out the incubator under subsection (a), the Under Secretary shall prioritize proposed activities that would— (1) protect key habitats for fish and wildlife; (2) maintain biodiversity; (3) protect public health; (4) protect coastal resources of national, historical, and cultural significance; and (5) benefit communities of color, low-income communities, Tribal or Indigenous communities, and rural communities. 612. Harmful algal bloom or hypoxia event of significance (a) Event of significance fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the Harmful Algal Bloom and Hypoxia Event of Significance Fund (in this section referred to as the Fund ). (2) Deposits into Fund (A) In general There shall be deposited into the Fund the following: (i) Amounts appropriated to the Fund. (ii) Amounts transferred to the Fund under paragraph (3). (iii) Amounts received by the United States in the form of gifts, devises, and bequests under paragraph (4). (B) Availability Amounts deposited into the Fund shall be available without fiscal year limitation. (3) Transfer authority Notwithstanding any other provision of law, from amounts appropriated to the National Oceanic and Atmospheric Administration, the Under Secretary may transfer up to $2,000,000 to the Fund each fiscal year. (4) Acceptance of donations For purposes of carrying out this section, the Under Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action. (5) Contract, grant, and cooperative agreement authority The Under Secretary may enter into agreements and grants with States, Indian tribes, or local governments, or other entities to pay for or reimburse costs incurred for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of a harmful algal bloom or hypoxia event of significance. (6) Steering committee (A) In general Not later than 12 months after the date of the enactment of this section, the President, acting through the Under Secretary, shall establish a steering committee to assist in evaluating information and data submitted by eligible requesters under subsection (b)(1) in the event of a harmful algal bloom or hypoxia event of significance, in accordance with the considerations described in subsection (c)(3) and the Event of Significance Policy under subsection (c). (B) Membership The steering committee established under this paragraph shall consist of individuals with knowledge and experience in aquatic or marine science, harmful algal bloom or hypoxia science, harmful algal bloom or hypoxia monitoring and forecasting, or harmful algal bloom or hypoxia prevention, mitigation, and control. (C) Charter The Under Secretary shall develop and prescribe a charter for the steering committee established under this paragraph. Such charter shall reflect the full scope of the duties and activities of the steering committee. (D) Exemption Chapter 10 of title 5, United States Code, shall not apply to the steering committee established under this paragraph. (7) Availability of funds Upon the submission of a request for a harmful algal bloom or hypoxia event of significance determination under subsection (b), the appropriate Federal official is authorized to make sums, from funds appropriated to the Fund, available to the affected State, local, or Tribal government for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of such event. (b) Requests and determinations (1) Eligible requesters Not later than two years after the beginning date of a harmful algal bloom or hypoxia event of significance, a request for a harmful algal bloom or hypoxia event of significance determination may be submitted to the appropriate Federal official, if the appropriate Federal official has not independently determined that such an event of significance has occurred, by any of the following: (A) The Governor of an affected State. (B) A leadership official of an affected Indian Tribe. (C) The executive official of the District of Columbia or a territory or possession of the United States, including Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa, if affected. (D) Any other comparable elected or politically appointed representative as determined by the Secretary, if affected. (2) Harmful algal bloom or hypoxia event of significance determination At the discretion of an appropriate Federal official, or at the request of an eligible requester under subsection(b)(1), an appropriate Federal official, in consultation with the Steering Committee and NOAA, shall determine whether a harmful algal bloom or hypoxia event is an event of significance. (3) Considerations In making a determination under paragraph (2), the appropriate Federal official shall consider such factors as the following: (A) The risk to public health and the potential severity of the detrimental environmental effects of the harmful algal bloom or hypoxia event at issue. (B) The potential to spread, the potential economic, social, and subsistence use impacts of such event. (C) The relative magnitude of impacts in relation to past occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis. (D) The geographic scope, including the potential to affect several municipalities, to affect more than one State, or to cross an international boundary. (4) Mitigation relief Upon determination that a harmful algal bloom or hypoxia event of significance has occurred under paragraph (2), the appropriate Federal official is authorized to make sums available, from funds appropriated for such purposes, to be used by the affected State, Tribal, or local government, or by the Under Secretary in cooperation with the affected State, local, or Tribal government, for the purposes of mitigating the environmental, economic, social, subsistence, and public health effects of such event. (c) Event of significance policy (1) Publication Not later than six months after the date of the enactment of this section, the appropriate Federal officials shall publish Harmful Algal Bloom and Hypoxia Event of Significance policies for marine and coastal harmful algal bloom or hypoxia events, and for freshwater harmful algal bloom or hypoxia events, respectively. Each such policy shall include the following: (A) Evaluation criteria and considerations to inform the determination of a harmful algal bloom or hypoxia event of significance under subsection (b)(3). (B) The type of supplementary information that an affected State or other eligible requester described in subsection (b)(1) may provide to accompany a harmful algal bloom or hypoxia event of significance request. (C) Process and criteria for prioritizing and evaluating multiple requests for a harmful algal bloom or hypoxia event of significance determination. (2) Opportunity for comment Not later than 120 days before publishing each final policy under paragraph (1), the appropriate Federal officials shall publish a draft of each such proposed policy in the Federal Register for a public comment period of not less than 60 days. (d) Limitations (1) Federal share Except as provided in paragraph (2), the Federal share of the cost of any activity carried out under this subsection may not exceed 75 percent of the total cost of such activity. (2) Waiver The appropriate Federal official may waive the non-Federal share requirements of this subsection, if the appropriate Federal official determines that— (A) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; (B) the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share; and (C) assistance is directed to support the assessment or mitigation of a harmful algal bloom or hypoxia event of significance affecting an Indian Tribe or subsistence use. (3) Fishery failures (A) In general Any analysis of a commercial fishery failure due to a fishery resource disaster caused by a harmful algal bloom or hypoxia event of significance shall be conducted pursuant to an appropriate request in accordance with the Magnusons-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ). (B) Fishery resource disaster relief No funds available under this section may be used as part of response relief for a declared fishery resource disaster caused by a harmful algal bloom or hypoxia event, pursuant to the Magnusons-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ).. (2) Clerical amendments The table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by inserting after the item relating to section 610 the following new item: Sec. 611. National level incubator program. Sec. 612. Harmful algal bloom or hypoxia event of significance.. 603B. National Oceanic and Atmospheric Administration activities (a) In general The Under Secretary shall— (1) carry out marine, coastal, and Great Lakes harmful algal bloom and hypoxia events response activities; (2) develop and enhance operational harmful algal bloom observing and forecasting programs, including operational observations and forecasting, monitoring, modeling, data management, and information dissemination; (3) maintain and enhance the existing peer-reviewed, merit-based, competitive grant funding relating to harmful algal blooms and hypoxia to— (A) maintain and enhance baseline monitoring programs established by the Program; (B) support the projects maintained and established by the Program; (C) address the research and management needs and priorities identified in the Action Strategy under section 603(c); (D) accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events; (E) identify opportunities to improve monitoring of harmful algal bloom and hypoxia, with a particular focus on coastal waters that may affect fisheries, public health, or subsistence harvest; (F) examine the effects of other environmental stressors on harmful algal blooms and hypoxia; (G) assess the effects of multiple environmental stressors on living marine resources and coastal ecosystems; and (H) evaluate adaptation and mitigation strategies to address the impacts of harmful algal blooms and hypoxia; (4) enhance communication and coordination among Federal agencies carrying out marine and freshwater harmful algal bloom and hypoxia activities and research; (5) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (6) use cost effective methods in carrying out this section. (b) Integrated Coastal and Ocean Observation System The collection of monitoring and observing data under this section shall comply with all data standards and protocols developed pursuant to the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 et seq. ). Such data shall be made available through the system established under that Act. 603C. Environmental Protection Agency activities The Administrator shall— (1) carry out research on the ecology and human health impacts of freshwater harmful algal blooms; (2) develop and maintain forecasting and monitoring of, and event response to, freshwater harmful algal blooms in lakes, reservoirs, rivers, and estuaries (including tributaries thereof); (3) enhance communication and coordination among Federal agencies carrying out freshwater harmful algal bloom and hypoxia activities and research; (4) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (5) use cost effective methods in carrying out this section. 606. National harmful algal bloom observing network (a) In general The Under Secretary, acting through the National Centers for Coastal Ocean Science (NCCOS) and the Integrated Ocean Observing System (IOOS) of the National Oceanic and Atmospheric Administration, shall establish a national network of harmful algal bloom observing systems for the monitoring, detection, and forecasting of harmful algal blooms by leveraging the capacity of IOOS regional associations, including through the incorporation of emerging technologies and new data integration methods, such as artificial intelligence. (b) Coordination In carrying out subsection (a), the IOOS Program Office shall— (1) coordinate with NCCOS regarding observations, data integration, and information dissemination; and (2) establish a Harmful Algal Bloom Data Assembly Center to integrate, disseminate, and provide a central architecture to support ecological forecasting. 611. National level incubator program (a) In general The Under Secretary, in collaboration with research universities and institutions, shall establish a national level incubator program to increase the number of available control strategies and technologies relating to harmful algal blooms. Such incubator shall establish a framework for preliminary assessments of novel harmful algal bloom prevention, mitigation, and control technologies in order to determine the potential for effectiveness and scalability. (b) Operation The incubator under subsection (a) shall provide merit-based funding for harmful algal bloom control strategies and technologies that eliminate or reduce through biological, chemical, or physical means the levels of harmful algae and associated toxins. (c) Database The incubator under subsection (a) shall establish a database to— (1) catalog the economic costs, feasibility, effectiveness, and scalability of both novel and established prevention, control, and mitigation measures; and (2) clarify the licensing and permitting requirements regulating the application of such measures. (d) Prioritization In carrying out the incubator under subsection (a), the Under Secretary shall prioritize proposed activities that would— (1) protect key habitats for fish and wildlife; (2) maintain biodiversity; (3) protect public health; (4) protect coastal resources of national, historical, and cultural significance; and (5) benefit communities of color, low-income communities, Tribal or Indigenous communities, and rural communities. 612. Harmful algal bloom or hypoxia event of significance (a) Event of significance fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the Harmful Algal Bloom and Hypoxia Event of Significance Fund (in this section referred to as the Fund ). (2) Deposits into Fund (A) In general There shall be deposited into the Fund the following: (i) Amounts appropriated to the Fund. (ii) Amounts transferred to the Fund under paragraph (3). (iii) Amounts received by the United States in the form of gifts, devises, and bequests under paragraph (4). (B) Availability Amounts deposited into the Fund shall be available without fiscal year limitation. (3) Transfer authority Notwithstanding any other provision of law, from amounts appropriated to the National Oceanic and Atmospheric Administration, the Under Secretary may transfer up to $2,000,000 to the Fund each fiscal year. (4) Acceptance of donations For purposes of carrying out this section, the Under Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action. (5) Contract, grant, and cooperative agreement authority The Under Secretary may enter into agreements and grants with States, Indian tribes, or local governments, or other entities to pay for or reimburse costs incurred for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of a harmful algal bloom or hypoxia event of significance. (6) Steering committee (A) In general Not later than 12 months after the date of the enactment of this section, the President, acting through the Under Secretary, shall establish a steering committee to assist in evaluating information and data submitted by eligible requesters under subsection (b)(1) in the event of a harmful algal bloom or hypoxia event of significance, in accordance with the considerations described in subsection (c)(3) and the Event of Significance Policy under subsection (c). (B) Membership The steering committee established under this paragraph shall consist of individuals with knowledge and experience in aquatic or marine science, harmful algal bloom or hypoxia science, harmful algal bloom or hypoxia monitoring and forecasting, or harmful algal bloom or hypoxia prevention, mitigation, and control. (C) Charter The Under Secretary shall develop and prescribe a charter for the steering committee established under this paragraph. Such charter shall reflect the full scope of the duties and activities of the steering committee. (D) Exemption Chapter 10 of title 5, United States Code, shall not apply to the steering committee established under this paragraph. (7) Availability of funds Upon the submission of a request for a harmful algal bloom or hypoxia event of significance determination under subsection (b), the appropriate Federal official is authorized to make sums, from funds appropriated to the Fund, available to the affected State, local, or Tribal government for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of such event. (b) Requests and determinations (1) Eligible requesters Not later than two years after the beginning date of a harmful algal bloom or hypoxia event of significance, a request for a harmful algal bloom or hypoxia event of significance determination may be submitted to the appropriate Federal official, if the appropriate Federal official has not independently determined that such an event of significance has occurred, by any of the following: (A) The Governor of an affected State. (B) A leadership official of an affected Indian Tribe. (C) The executive official of the District of Columbia or a territory or possession of the United States, including Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa, if affected. (D) Any other comparable elected or politically appointed representative as determined by the Secretary, if affected. (2) Harmful algal bloom or hypoxia event of significance determination At the discretion of an appropriate Federal official, or at the request of an eligible requester under subsection(b)(1), an appropriate Federal official, in consultation with the Steering Committee and NOAA, shall determine whether a harmful algal bloom or hypoxia event is an event of significance. (3) Considerations In making a determination under paragraph (2), the appropriate Federal official shall consider such factors as the following: (A) The risk to public health and the potential severity of the detrimental environmental effects of the harmful algal bloom or hypoxia event at issue. (B) The potential to spread, the potential economic, social, and subsistence use impacts of such event. (C) The relative magnitude of impacts in relation to past occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis. (D) The geographic scope, including the potential to affect several municipalities, to affect more than one State, or to cross an international boundary. (4) Mitigation relief Upon determination that a harmful algal bloom or hypoxia event of significance has occurred under paragraph (2), the appropriate Federal official is authorized to make sums available, from funds appropriated for such purposes, to be used by the affected State, Tribal, or local government, or by the Under Secretary in cooperation with the affected State, local, or Tribal government, for the purposes of mitigating the environmental, economic, social, subsistence, and public health effects of such event. (c) Event of significance policy (1) Publication Not later than six months after the date of the enactment of this section, the appropriate Federal officials shall publish Harmful Algal Bloom and Hypoxia Event of Significance policies for marine and coastal harmful algal bloom or hypoxia events, and for freshwater harmful algal bloom or hypoxia events, respectively. Each such policy shall include the following: (A) Evaluation criteria and considerations to inform the determination of a harmful algal bloom or hypoxia event of significance under subsection (b)(3). (B) The type of supplementary information that an affected State or other eligible requester described in subsection (b)(1) may provide to accompany a harmful algal bloom or hypoxia event of significance request. (C) Process and criteria for prioritizing and evaluating multiple requests for a harmful algal bloom or hypoxia event of significance determination. (2) Opportunity for comment Not later than 120 days before publishing each final policy under paragraph (1), the appropriate Federal officials shall publish a draft of each such proposed policy in the Federal Register for a public comment period of not less than 60 days. (d) Limitations (1) Federal share Except as provided in paragraph (2), the Federal share of the cost of any activity carried out under this subsection may not exceed 75 percent of the total cost of such activity. (2) Waiver The appropriate Federal official may waive the non-Federal share requirements of this subsection, if the appropriate Federal official determines that— (A) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; (B) the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share; and (C) assistance is directed to support the assessment or mitigation of a harmful algal bloom or hypoxia event of significance affecting an Indian Tribe or subsistence use. (3) Fishery failures (A) In general Any analysis of a commercial fishery failure due to a fishery resource disaster caused by a harmful algal bloom or hypoxia event of significance shall be conducted pursuant to an appropriate request in accordance with the Magnusons-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ). (B) Fishery resource disaster relief No funds available under this section may be used as part of response relief for a declared fishery resource disaster caused by a harmful algal bloom or hypoxia event, pursuant to the Magnusons-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ).
40,747
[ "Natural Resources Committee", "Science, Space, and Technology Committee" ]
118hr4651ih
118
hr
4,651
ih
To require the Secretary of the Treasury to issue a report containing information on extraordinary measures available when the debt of the United States Government approaches the statutory limit, and for other purposes.
[ { "text": "1. Report on extraordinary measures \n(a) In general \nUpon the Secretary of the Treasury notifying Congress that the Department of the Treasury has been forced to begin using extraordinary measures in order to meet Federal funding obligations without issuing additional Treasury securities, the Secretary of the Treasury shall issue a report to the voting members of the Financial Stability Oversight Council, the Office of Financial Research, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate containing— (1) a list of available extraordinary measures, stated as a dollar amount; (2) a projection of the headroom under the statutory limit for the debt of the United States Government (as defined in section 3101 of title 31, United States Code) afforded by each extraordinary measure (where headroom under the statutory debt limit refers to the difference between the current statutory debt limit and the projected operating cash balance of the Department of the Treasury); (3) a projection of the date on which— (A) all available headroom afforded by use of all available extraordinary measures will be exhausted; (B) the Department of the Treasury will have an operating cash balance at or below $50,000,000,000; (C) the debt of the United States Government will be within $50,000,000,000 of reaching the statutory limit; and (D) the Department of the Treasury will be unable to make timely payments on the debt of the United States Government; and (4) an attestation by the Secretary of the Treasury as to whether the debt of the United States Government approaching the statutory limit is an emerging threat to the financial stability of the United States. (b) Projection requirements \nEach projection required under subsection (a) shall include a point estimate forecast along with an accompanying 95 percent confidence interval.", "id": "H92BDE06B64204CA7B1CBA021924EE1C0", "header": "Report on extraordinary measures", "nested": [ { "text": "(a) In general \nUpon the Secretary of the Treasury notifying Congress that the Department of the Treasury has been forced to begin using extraordinary measures in order to meet Federal funding obligations without issuing additional Treasury securities, the Secretary of the Treasury shall issue a report to the voting members of the Financial Stability Oversight Council, the Office of Financial Research, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate containing— (1) a list of available extraordinary measures, stated as a dollar amount; (2) a projection of the headroom under the statutory limit for the debt of the United States Government (as defined in section 3101 of title 31, United States Code) afforded by each extraordinary measure (where headroom under the statutory debt limit refers to the difference between the current statutory debt limit and the projected operating cash balance of the Department of the Treasury); (3) a projection of the date on which— (A) all available headroom afforded by use of all available extraordinary measures will be exhausted; (B) the Department of the Treasury will have an operating cash balance at or below $50,000,000,000; (C) the debt of the United States Government will be within $50,000,000,000 of reaching the statutory limit; and (D) the Department of the Treasury will be unable to make timely payments on the debt of the United States Government; and (4) an attestation by the Secretary of the Treasury as to whether the debt of the United States Government approaching the statutory limit is an emerging threat to the financial stability of the United States.", "id": "HA3D92DD4FA7C4C1098F6AE71B5C57388", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Projection requirements \nEach projection required under subsection (a) shall include a point estimate forecast along with an accompanying 95 percent confidence interval.", "id": "HF4064D29961249889B0DB43EA15ACD4B", "header": "Projection requirements", "nested": [], "links": [] } ], "links": [] } ]
1
1. Report on extraordinary measures (a) In general Upon the Secretary of the Treasury notifying Congress that the Department of the Treasury has been forced to begin using extraordinary measures in order to meet Federal funding obligations without issuing additional Treasury securities, the Secretary of the Treasury shall issue a report to the voting members of the Financial Stability Oversight Council, the Office of Financial Research, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate containing— (1) a list of available extraordinary measures, stated as a dollar amount; (2) a projection of the headroom under the statutory limit for the debt of the United States Government (as defined in section 3101 of title 31, United States Code) afforded by each extraordinary measure (where headroom under the statutory debt limit refers to the difference between the current statutory debt limit and the projected operating cash balance of the Department of the Treasury); (3) a projection of the date on which— (A) all available headroom afforded by use of all available extraordinary measures will be exhausted; (B) the Department of the Treasury will have an operating cash balance at or below $50,000,000,000; (C) the debt of the United States Government will be within $50,000,000,000 of reaching the statutory limit; and (D) the Department of the Treasury will be unable to make timely payments on the debt of the United States Government; and (4) an attestation by the Secretary of the Treasury as to whether the debt of the United States Government approaching the statutory limit is an emerging threat to the financial stability of the United States. (b) Projection requirements Each projection required under subsection (a) shall include a point estimate forecast along with an accompanying 95 percent confidence interval.
1,924
[ "Ways and Means Committee" ]
118hr4637ih
118
hr
4,637
ih
To prevent the purchase of ammunition by prohibited purchasers.
[ { "text": "1. Short title \nThis Act may be cited as Jaime’s Law.", "id": "HB48C01B62B15485181871FB48FE89E62", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purpose \nThe purpose of this Act is to enhance the background check process in the United States to prevent the purchase of ammunition by individuals who are prohibited from doing so under Federal and State law.", "id": "HE8F6DA77F1AF4819A311C1CA0D8DA5AA", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. Transfers of firearms or ammunition \n(a) In general \nSection 922 of title 18, United States Code, is amended— (1) by striking subsection (s) and redesignating subsection (t) as subsection (s); and (2) in subsection (s) (as so redesignated)— (A) by inserting or ammunition after firearm each place it appears; (B) in paragraph (1)(B)(ii), by inserting in the case of a firearm, before 3 ; (C) in paragraph (1)(C), by inserting a firearm and before a person less ; and (D) by adding at the end the following: (7) (A) (i) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the ammunition for the purpose of complying with this subsection. (ii) Upon taking possession of ammunition under clause (i), a licensee shall comply with all requirements of this chapter as if the licensee were transferring ammunition from the inventory of the licensee to the unlicensed transferee. (iii) If a transfer of ammunition described in clause (i) will not be completed for any reason after a licensee takes possession of the ammunition (including because the transfer of the ammunition to, or receipt of the ammunition by, the transferee would violate this chapter), the return of the ammunition to the transferor by the licensee shall not constitute the transfer of ammunition for purposes of this chapter. (B) Subparagraph (A) shall not apply to— (i) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; (ii) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren; (iii) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; (iv) a transfer if the transfer is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm; or (v) a transfer, if the transferor has no reason to believe that the transferee will use or intends to use the ammunition in a crime or is prohibited from possessing ammunition under State or Federal law, and the transfer takes place and the transferee’s possession of the ammunition is exclusively— (I) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; (II) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor— (aa) has no reason to believe that the transferee intends to use the ammunition in a place where it is illegal; and (bb) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or (III) while in the presence of the transferor. (C) (i) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. (ii) Regulations promulgated under this paragraph may not include any provision— (I) requiring licensees to facilitate transfers in accordance with subparagraph (A); (II) requiring persons not licensed under this chapter to keep records of background checks of ammunition transfers; and (III) limiting the amount of any fee a licensee may charge to facilitate transfers in accordance with subparagraph (A). (D) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of ammunition to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under subparagraph (A), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.. (b) Technical and conforming amendments \n(1) Section 922 \nSection 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and inserting and (g)(5)(B). (2) Consolidated and further continuing appropriations act, 2012 \nSection 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 34 U.S.C. 40901 note) is amended by striking subsection 922(t) each place it appears and inserting subsection (s) or (t) of section 922.", "id": "H90E6661406734FB493B42BCC762C6798", "header": "Transfers of firearms or ammunition", "nested": [ { "text": "(a) In general \nSection 922 of title 18, United States Code, is amended— (1) by striking subsection (s) and redesignating subsection (t) as subsection (s); and (2) in subsection (s) (as so redesignated)— (A) by inserting or ammunition after firearm each place it appears; (B) in paragraph (1)(B)(ii), by inserting in the case of a firearm, before 3 ; (C) in paragraph (1)(C), by inserting a firearm and before a person less ; and (D) by adding at the end the following: (7) (A) (i) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the ammunition for the purpose of complying with this subsection. (ii) Upon taking possession of ammunition under clause (i), a licensee shall comply with all requirements of this chapter as if the licensee were transferring ammunition from the inventory of the licensee to the unlicensed transferee. (iii) If a transfer of ammunition described in clause (i) will not be completed for any reason after a licensee takes possession of the ammunition (including because the transfer of the ammunition to, or receipt of the ammunition by, the transferee would violate this chapter), the return of the ammunition to the transferor by the licensee shall not constitute the transfer of ammunition for purposes of this chapter. (B) Subparagraph (A) shall not apply to— (i) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; (ii) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren; (iii) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; (iv) a transfer if the transfer is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm; or (v) a transfer, if the transferor has no reason to believe that the transferee will use or intends to use the ammunition in a crime or is prohibited from possessing ammunition under State or Federal law, and the transfer takes place and the transferee’s possession of the ammunition is exclusively— (I) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; (II) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor— (aa) has no reason to believe that the transferee intends to use the ammunition in a place where it is illegal; and (bb) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or (III) while in the presence of the transferor. (C) (i) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. (ii) Regulations promulgated under this paragraph may not include any provision— (I) requiring licensees to facilitate transfers in accordance with subparagraph (A); (II) requiring persons not licensed under this chapter to keep records of background checks of ammunition transfers; and (III) limiting the amount of any fee a licensee may charge to facilitate transfers in accordance with subparagraph (A). (D) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of ammunition to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under subparagraph (A), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General..", "id": "H0888D70502CC4467831796D1E3ABF0BF", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Technical and conforming amendments \n(1) Section 922 \nSection 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and inserting and (g)(5)(B). (2) Consolidated and further continuing appropriations act, 2012 \nSection 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 34 U.S.C. 40901 note) is amended by striking subsection 922(t) each place it appears and inserting subsection (s) or (t) of section 922.", "id": "HD88B4CC4D7CB430FADE74B0151D0C51D", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "34 U.S.C. 40901", "legal-doc": "usc", "parsable-cite": "usc/34/40901" } ] } ], "links": [ { "text": "34 U.S.C. 40901", "legal-doc": "usc", "parsable-cite": "usc/34/40901" } ] }, { "text": "4. Rules of construction \nNothing in this Act, or any amendment made by this Act, shall be construed to— (1) authorize the establishment, directly or indirectly, of a national firearms or ammunition registry; or (2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act.", "id": "H35B347568F3E4CEF8C383B61CD0F6678", "header": "Rules of construction", "nested": [], "links": [] }, { "text": "5. Effective date \nThis Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.", "id": "HF4513032155E4FC79ED37995965C9D9B", "header": "Effective date", "nested": [], "links": [] } ]
5
1. Short title This Act may be cited as Jaime’s Law. 2. Purpose The purpose of this Act is to enhance the background check process in the United States to prevent the purchase of ammunition by individuals who are prohibited from doing so under Federal and State law. 3. Transfers of firearms or ammunition (a) In general Section 922 of title 18, United States Code, is amended— (1) by striking subsection (s) and redesignating subsection (t) as subsection (s); and (2) in subsection (s) (as so redesignated)— (A) by inserting or ammunition after firearm each place it appears; (B) in paragraph (1)(B)(ii), by inserting in the case of a firearm, before 3 ; (C) in paragraph (1)(C), by inserting a firearm and before a person less ; and (D) by adding at the end the following: (7) (A) (i) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the ammunition for the purpose of complying with this subsection. (ii) Upon taking possession of ammunition under clause (i), a licensee shall comply with all requirements of this chapter as if the licensee were transferring ammunition from the inventory of the licensee to the unlicensed transferee. (iii) If a transfer of ammunition described in clause (i) will not be completed for any reason after a licensee takes possession of the ammunition (including because the transfer of the ammunition to, or receipt of the ammunition by, the transferee would violate this chapter), the return of the ammunition to the transferor by the licensee shall not constitute the transfer of ammunition for purposes of this chapter. (B) Subparagraph (A) shall not apply to— (i) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; (ii) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren; (iii) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; (iv) a transfer if the transfer is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm; or (v) a transfer, if the transferor has no reason to believe that the transferee will use or intends to use the ammunition in a crime or is prohibited from possessing ammunition under State or Federal law, and the transfer takes place and the transferee’s possession of the ammunition is exclusively— (I) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; (II) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor— (aa) has no reason to believe that the transferee intends to use the ammunition in a place where it is illegal; and (bb) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or (III) while in the presence of the transferor. (C) (i) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. (ii) Regulations promulgated under this paragraph may not include any provision— (I) requiring licensees to facilitate transfers in accordance with subparagraph (A); (II) requiring persons not licensed under this chapter to keep records of background checks of ammunition transfers; and (III) limiting the amount of any fee a licensee may charge to facilitate transfers in accordance with subparagraph (A). (D) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of ammunition to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under subparagraph (A), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.. (b) Technical and conforming amendments (1) Section 922 Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and inserting and (g)(5)(B). (2) Consolidated and further continuing appropriations act, 2012 Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 34 U.S.C. 40901 note) is amended by striking subsection 922(t) each place it appears and inserting subsection (s) or (t) of section 922. 4. Rules of construction Nothing in this Act, or any amendment made by this Act, shall be construed to— (1) authorize the establishment, directly or indirectly, of a national firearms or ammunition registry; or (2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act. 5. Effective date This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.
5,575
[ "Judiciary Committee" ]
118hr89ih
118
hr
89
ih
To amend title 28, United States Code, to prohibit the issuance of national injunctions, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Injunctive Authority Clarification Act of 2023.", "id": "H24DF459903614E1CBF1D964C4CB69327", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Orders purporting to restrain enforcement against non-parties \n(a) In general \nChapter 155 of title 28, United States Code, is amended by adding at the end the following: 2285. Orders purporting to restrain enforcement against non-parties \nNo court of the United States (and no district court of the Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an order that purports to restrain the enforcement against a non-party of any statute, regulation, order, or similar authority, unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.. (b) Clerical amendment \nThe table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: 2285. Orders purporting to restrain enforcement against non-parties..", "id": "H210880DB032E4FE28A88DB0409A2A994", "header": "Orders purporting to restrain enforcement against non-parties", "nested": [ { "text": "(a) In general \nChapter 155 of title 28, United States Code, is amended by adding at the end the following: 2285. Orders purporting to restrain enforcement against non-parties \nNo court of the United States (and no district court of the Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an order that purports to restrain the enforcement against a non-party of any statute, regulation, order, or similar authority, unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure..", "id": "H923D0B99CFCF4D12A6B0E4DA9BA083EB", "header": "In general", "nested": [], "links": [ { "text": "Chapter 155", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/155" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: 2285. Orders purporting to restrain enforcement against non-parties..", "id": "H8FA85DBD879F4648A8C4E8D6C5DDA3B0", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 155", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/155" }, { "text": "section 2285", "legal-doc": "usc", "parsable-cite": "usc/28/2285" } ] } ], "links": [ { "text": "Chapter 155", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/155" }, { "text": "chapter 155", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/155" }, { "text": "section 2285", "legal-doc": "usc", "parsable-cite": "usc/28/2285" } ] }, { "text": "2285. Orders purporting to restrain enforcement against non-parties \nNo court of the United States (and no district court of the Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an order that purports to restrain the enforcement against a non-party of any statute, regulation, order, or similar authority, unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.", "id": "H36AA91BB24BB44878B56310E141867E5", "header": "Orders purporting to restrain enforcement against non-parties", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Injunctive Authority Clarification Act of 2023. 2. Orders purporting to restrain enforcement against non-parties (a) In general Chapter 155 of title 28, United States Code, is amended by adding at the end the following: 2285. Orders purporting to restrain enforcement against non-parties No court of the United States (and no district court of the Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an order that purports to restrain the enforcement against a non-party of any statute, regulation, order, or similar authority, unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.. (b) Clerical amendment The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: 2285. Orders purporting to restrain enforcement against non-parties.. 2285. Orders purporting to restrain enforcement against non-parties No court of the United States (and no district court of the Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an order that purports to restrain the enforcement against a non-party of any statute, regulation, order, or similar authority, unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.
1,425
[ "Judiciary Committee" ]
118hr4803ih
118
hr
4,803
ih
To amend the Internal Revenue Code of 1986 to expand and improve health savings accounts, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Personalized Care Act of 2023.", "id": "H35D373506745408987FCDBFBFDA040D8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Health savings account eligibility \n(a) In general \nParagraph (1) of section 223(c) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Eligible individual \nThe term eligible individual means, with respect to any month, any individual if such individual is— (A) covered under— (i) a group or individual health plan, (ii) health insurance coverage, including a short term limited duration plan or medical indemnity plan, or (iii) a government plan, including coverage under the Medicare program under part A or part B of title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, the CHIP program under title XXI of such Act or a qualified CHIP look-alike program (as defined in section 2107(g) of such Act), medical coverage under chapter 55 of title 10, United States Code (including coverage under the TRICARE program), a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs in coordination with the Secretary of Health and Human Services and the Secretary, a medical care program of the Indian Health Service or a tribal organization, or coverage under chapter 89 of title 5, United States Code, or (B) a participant in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii) without regard to subclause (IV) thereof), as of the 1st day of such month.. (b) Conforming amendments \n(1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (2) Paragraphs (2)(A) and (2)(B) of section 223(b) of such Code are each amended by striking a high deductible health plan and inserting a health plan, insurance, or ministry described in subsection (c)(1). (3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking high deductible health plan and inserting health plan, insurance, or ministry described in subsection (c)(1). (4) Section 223(g)(1) of such Code is amended— (A) by striking subsections (b)(2) and (c)(2)(A) both places it appears and inserting subsection (b)(2) , and (B) by striking for calendar year 2016 in subparagraph (B) and all that follows through calendar year 2003. and inserting calendar year 1997 for calendar year 2016 in subparagraph (A)(ii) thereof.. (5) The heading of subparagraph (B) of section 223(b)(8) of such Code is amended by striking high deductible health plan. (6) Section 26(b)(2)(S) of such Code is amended by striking high deductible health plan. (7) The heading of paragraph (3) of section 106(e) of such Code is amended by striking high deductible health plan. (8) Clause (ii) of section 106(e)(5)(B) of such Code is amended by striking a high deductible health plan and inserting a health plan. (9) Paragraph (9) of section 408(d) of such Code is amended— (A) by striking the high deductible health plan covering in subparagraph (C)(i)(I) and inserting health plan, insurance, or ministry of , (B) by striking a high deductible health plan the first place it appears in subparagraph (C)(ii)(II) and inserting a health plan, insurance, or ministry described in section 223(c)(1) , (C) by striking a high deductible health plan the second place it appears in subparagraph (C)(ii)(II) and inserting any such plan, insurance, or ministry , and (D) by striking high deductible health plan in the heading of subparagraph (D). (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "HFC08EB2521AA4545AEBB1123F5D63214", "header": "Health savings account eligibility", "nested": [ { "text": "(a) In general \nParagraph (1) of section 223(c) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Eligible individual \nThe term eligible individual means, with respect to any month, any individual if such individual is— (A) covered under— (i) a group or individual health plan, (ii) health insurance coverage, including a short term limited duration plan or medical indemnity plan, or (iii) a government plan, including coverage under the Medicare program under part A or part B of title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, the CHIP program under title XXI of such Act or a qualified CHIP look-alike program (as defined in section 2107(g) of such Act), medical coverage under chapter 55 of title 10, United States Code (including coverage under the TRICARE program), a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs in coordination with the Secretary of Health and Human Services and the Secretary, a medical care program of the Indian Health Service or a tribal organization, or coverage under chapter 89 of title 5, United States Code, or (B) a participant in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii) without regard to subclause (IV) thereof), as of the 1st day of such month..", "id": "H757DE3016B5146F6A77E6153CCF7B529", "header": "In general", "nested": [], "links": [ { "text": "section 223(c)", "legal-doc": "usc", "parsable-cite": "usc/26/223" }, { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(b) Conforming amendments \n(1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (2) Paragraphs (2)(A) and (2)(B) of section 223(b) of such Code are each amended by striking a high deductible health plan and inserting a health plan, insurance, or ministry described in subsection (c)(1). (3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking high deductible health plan and inserting health plan, insurance, or ministry described in subsection (c)(1). (4) Section 223(g)(1) of such Code is amended— (A) by striking subsections (b)(2) and (c)(2)(A) both places it appears and inserting subsection (b)(2) , and (B) by striking for calendar year 2016 in subparagraph (B) and all that follows through calendar year 2003. and inserting calendar year 1997 for calendar year 2016 in subparagraph (A)(ii) thereof.. (5) The heading of subparagraph (B) of section 223(b)(8) of such Code is amended by striking high deductible health plan. (6) Section 26(b)(2)(S) of such Code is amended by striking high deductible health plan. (7) The heading of paragraph (3) of section 106(e) of such Code is amended by striking high deductible health plan. (8) Clause (ii) of section 106(e)(5)(B) of such Code is amended by striking a high deductible health plan and inserting a health plan. (9) Paragraph (9) of section 408(d) of such Code is amended— (A) by striking the high deductible health plan covering in subparagraph (C)(i)(I) and inserting health plan, insurance, or ministry of , (B) by striking a high deductible health plan the first place it appears in subparagraph (C)(ii)(II) and inserting a health plan, insurance, or ministry described in section 223(c)(1) , (C) by striking a high deductible health plan the second place it appears in subparagraph (C)(ii)(II) and inserting any such plan, insurance, or ministry , and (D) by striking high deductible health plan in the heading of subparagraph (D).", "id": "H5C83C78F3B42474EA0C61F631F1CDE3E", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "H6AD0844E8CE9489C894129ED51FD3038", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 223(c)", "legal-doc": "usc", "parsable-cite": "usc/26/223" }, { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "3. Increase in HSA contribution limits \n(a) In general \nParagraph (2) of section 223(b) of the Internal Revenue Code of 1986 is amended— (1) by striking $2,250 in subparagraph (A) and inserting $10,800 , and (2) by striking $4,500 in subparagraph (B) and inserting $29,500. (b) Cost-of-Living adjustment \nParagraph (1) of section 223(g) of the Internal Revenue Code of 1986, as amended by section 2, is amended— (1) by striking Each and inserting In the case of a taxable year beginning after 2024, each , and (2) by striking calendar year 1997 and inserting calendar year 2023. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "HF727D928B57F4668A10FC04A9F86C644", "header": "Increase in HSA contribution limits", "nested": [ { "text": "(a) In general \nParagraph (2) of section 223(b) of the Internal Revenue Code of 1986 is amended— (1) by striking $2,250 in subparagraph (A) and inserting $10,800 , and (2) by striking $4,500 in subparagraph (B) and inserting $29,500.", "id": "HA031896307724B8F8883E81D3DFF1753", "header": "In general", "nested": [], "links": [ { "text": "section 223(b)", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "(b) Cost-of-Living adjustment \nParagraph (1) of section 223(g) of the Internal Revenue Code of 1986, as amended by section 2, is amended— (1) by striking Each and inserting In the case of a taxable year beginning after 2024, each , and (2) by striking calendar year 1997 and inserting calendar year 2023.", "id": "HFDE4DCC8770F4B7E9738D7A649F4F95C", "header": "Cost-of-Living adjustment", "nested": [], "links": [ { "text": "section 223(g)", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "H033E17FA44784CCF8FE568D247E7A4BE", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 223(b)", "legal-doc": "usc", "parsable-cite": "usc/26/223" }, { "text": "section 223(g)", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "4. Payment of health plan and health insurance premiums from HSA \n(a) In general \nParagraph (2) of section 223(d) of the Internal Revenue Code of 1986 is amended— (1) by striking subparagraph (B), (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively, (3) by striking Subparagraph (B) shall not apply to any expense for coverage under in subparagraph (B), as so redesignated, and inserting Subparagraph (A) shall not apply to any payment for insurance other than , and (4) in subparagraph (B), as so redesignated— (A) by striking or at the end of clause (iii), (B) by striking the period at the end of clause (iv) and inserting , or , and (C) by adding at the end the following new clause: (v) a health plan or health insurance coverage described in subsection (c)(1)(A).. (b) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "H866E23E5823348C8A322D948D442ACDF", "header": "Payment of health plan and health insurance premiums from HSA", "nested": [ { "text": "(a) In general \nParagraph (2) of section 223(d) of the Internal Revenue Code of 1986 is amended— (1) by striking subparagraph (B), (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively, (3) by striking Subparagraph (B) shall not apply to any expense for coverage under in subparagraph (B), as so redesignated, and inserting Subparagraph (A) shall not apply to any payment for insurance other than , and (4) in subparagraph (B), as so redesignated— (A) by striking or at the end of clause (iii), (B) by striking the period at the end of clause (iv) and inserting , or , and (C) by adding at the end the following new clause: (v) a health plan or health insurance coverage described in subsection (c)(1)(A)..", "id": "HBC49E37150044A6A97EECBB6BA496765", "header": "In general", "nested": [], "links": [ { "text": "section 223(d)", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "HA945070E813D4BA48C4B1EE85CBFA4BE", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 223(d)", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "5. Treatment of medical care service arrangements \n(a) Inclusion as medical expenses \nParagraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by section 4, is further amended by adding at the end the following new subparagraph: (D) Inclusion of medical care service arrangements \nThe term qualified medical expenses shall include— (i) periodic fees paid to a physician for a defined set of medical services or for the right to receive medical services on an as-needed basis, and (ii) amounts prepaid for medical services designed to screen for, diagnose, cure, mitigate, treat, or prevent disease and promote wellness.. (b) Arrangement not To be treated as health insurance \nSubsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: (4) Treatment of medical care service arrangements \nAn arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "H0670FEA292104D789F401B5F0E270137", "header": "Treatment of medical care service arrangements", "nested": [ { "text": "(a) Inclusion as medical expenses \nParagraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by section 4, is further amended by adding at the end the following new subparagraph: (D) Inclusion of medical care service arrangements \nThe term qualified medical expenses shall include— (i) periodic fees paid to a physician for a defined set of medical services or for the right to receive medical services on an as-needed basis, and (ii) amounts prepaid for medical services designed to screen for, diagnose, cure, mitigate, treat, or prevent disease and promote wellness..", "id": "HE086FA5CF2314D918B2925E0E1C3E5FD", "header": "Inclusion as medical expenses", "nested": [], "links": [ { "text": "section 223(d)", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "(b) Arrangement not To be treated as health insurance \nSubsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: (4) Treatment of medical care service arrangements \nAn arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1)..", "id": "HC59FC54C6BE14E4E8E0218F2F2D20C11", "header": "Arrangement not To be treated as health insurance", "nested": [], "links": [ { "text": "section 223", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "HC872978F93E94CB1B4E1442DE29DF51C", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 223(d)", "legal-doc": "usc", "parsable-cite": "usc/26/223" }, { "text": "section 223", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "6. Periodic provider fees treated as medical care \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) Periodic provider fees \nPeriodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care.. (b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "H3FA6B1115EA3437D9D7254C1320B2338", "header": "Periodic provider fees treated as medical care", "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) Periodic provider fees \nPeriodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care..", "id": "HED6F9E8D331B46DB89C0A14226E4E942", "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 December 31, 2023.", "id": "H224DB6FE9BAA4C1BAE942C81A6831878", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 213(d)", "legal-doc": "usc", "parsable-cite": "usc/26/213" } ] }, { "text": "7. Restoring lower penalty for nonqualified distributions \n(a) In general \nSection 223(e)(4)(A) of the Internal Revenue Code of 1986 is amended by striking 20 percent and inserting 10 percent. (b) Effective date \nThe amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2023.", "id": "HFAC298D0D5C349998AF7C2FF671F60C7", "header": "Restoring lower penalty for nonqualified distributions", "nested": [ { "text": "(a) In general \nSection 223(e)(4)(A) of the Internal Revenue Code of 1986 is amended by striking 20 percent and inserting 10 percent.", "id": "H0022225742CC4EB3A5C3AD825624C1F4", "header": "In general", "nested": [], "links": [ { "text": "Section 223(e)(4)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2023.", "id": "HE9EE4390DBB342E0B34FCF4D85EB4563", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 223(e)(4)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "8. Treatment of health care sharing ministries \n(a) Inclusion as medical expenses \nParagraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by sections 4 and 5, is further amended by adding at the end the following new subparagraph: (E) Inclusion of health care sharing ministries \nThe term qualified medical expenses shall include amounts paid by a member of a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii) without regard to subclause (IV) thereof) for— (i) the sharing of medical expenses among members, and (ii) administrative fees of the ministry.. (b) Health care sharing ministry not To be treated as health insurance \nSubsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: (5) Treatment of health care sharing ministries \nA health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii) without regard to subclause (IV) thereof) shall not be treated as a health plan or insurance for purposes of this title.. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "H869C234658694B1DA9C99203E76F568E", "header": "Treatment of health care sharing ministries", "nested": [ { "text": "(a) Inclusion as medical expenses \nParagraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by sections 4 and 5, is further amended by adding at the end the following new subparagraph: (E) Inclusion of health care sharing ministries \nThe term qualified medical expenses shall include amounts paid by a member of a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii) without regard to subclause (IV) thereof) for— (i) the sharing of medical expenses among members, and (ii) administrative fees of the ministry..", "id": "H7D6595C75E5540CD87307D266DFCF4BF", "header": "Inclusion as medical expenses", "nested": [], "links": [ { "text": "section 223(d)", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "(b) Health care sharing ministry not To be treated as health insurance \nSubsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: (5) Treatment of health care sharing ministries \nA health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii) without regard to subclause (IV) thereof) shall not be treated as a health plan or insurance for purposes of this title..", "id": "H752C3F930CA741E3915DB17F973A8F00", "header": "Health care sharing ministry not To be treated as health insurance", "nested": [], "links": [ { "text": "section 223", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "HBB6D84901AE34DDDAED9A29E7CEF4193", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 223(d)", "legal-doc": "usc", "parsable-cite": "usc/26/223" }, { "text": "section 223", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "9. Health care sharing ministry fees treated as medical care \n(a) In general \nSection 213(d) of the Internal Revenue Code of 1986, as amended by section 6, is further amended by adding at the end the following new paragraph: (13) Health care sharing ministries \nAmounts paid for membership in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii) without regard to subclause (IV) thereof) shall be treated as amounts paid for medical care.. (b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "HC8F79002A1704A04B37F637E4EC8A720", "header": "Health care sharing ministry fees treated as medical care", "nested": [ { "text": "(a) In general \nSection 213(d) of the Internal Revenue Code of 1986, as amended by section 6, is further amended by adding at the end the following new paragraph: (13) Health care sharing ministries \nAmounts paid for membership in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii) without regard to subclause (IV) thereof) shall be treated as amounts paid for medical care..", "id": "HCEE21D445F414D5E9AF1AB0B89E17D6D", "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 December 31, 2023.", "id": "H065901C6033649A2AC833023E7A79809", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 213(d)", "legal-doc": "usc", "parsable-cite": "usc/26/213" } ] } ]
9
1. Short title This Act may be cited as the Personalized Care Act of 2023. 2. Health savings account eligibility (a) In general Paragraph (1) of section 223(c) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Eligible individual The term eligible individual means, with respect to any month, any individual if such individual is— (A) covered under— (i) a group or individual health plan, (ii) health insurance coverage, including a short term limited duration plan or medical indemnity plan, or (iii) a government plan, including coverage under the Medicare program under part A or part B of title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, the CHIP program under title XXI of such Act or a qualified CHIP look-alike program (as defined in section 2107(g) of such Act), medical coverage under chapter 55 of title 10, United States Code (including coverage under the TRICARE program), a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs in coordination with the Secretary of Health and Human Services and the Secretary, a medical care program of the Indian Health Service or a tribal organization, or coverage under chapter 89 of title 5, United States Code, or (B) a participant in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii) without regard to subclause (IV) thereof), as of the 1st day of such month.. (b) Conforming amendments (1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (2) Paragraphs (2)(A) and (2)(B) of section 223(b) of such Code are each amended by striking a high deductible health plan and inserting a health plan, insurance, or ministry described in subsection (c)(1). (3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking high deductible health plan and inserting health plan, insurance, or ministry described in subsection (c)(1). (4) Section 223(g)(1) of such Code is amended— (A) by striking subsections (b)(2) and (c)(2)(A) both places it appears and inserting subsection (b)(2) , and (B) by striking for calendar year 2016 in subparagraph (B) and all that follows through calendar year 2003. and inserting calendar year 1997 for calendar year 2016 in subparagraph (A)(ii) thereof.. (5) The heading of subparagraph (B) of section 223(b)(8) of such Code is amended by striking high deductible health plan. (6) Section 26(b)(2)(S) of such Code is amended by striking high deductible health plan. (7) The heading of paragraph (3) of section 106(e) of such Code is amended by striking high deductible health plan. (8) Clause (ii) of section 106(e)(5)(B) of such Code is amended by striking a high deductible health plan and inserting a health plan. (9) Paragraph (9) of section 408(d) of such Code is amended— (A) by striking the high deductible health plan covering in subparagraph (C)(i)(I) and inserting health plan, insurance, or ministry of , (B) by striking a high deductible health plan the first place it appears in subparagraph (C)(ii)(II) and inserting a health plan, insurance, or ministry described in section 223(c)(1) , (C) by striking a high deductible health plan the second place it appears in subparagraph (C)(ii)(II) and inserting any such plan, insurance, or ministry , and (D) by striking high deductible health plan in the heading of subparagraph (D). (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 3. Increase in HSA contribution limits (a) In general Paragraph (2) of section 223(b) of the Internal Revenue Code of 1986 is amended— (1) by striking $2,250 in subparagraph (A) and inserting $10,800 , and (2) by striking $4,500 in subparagraph (B) and inserting $29,500. (b) Cost-of-Living adjustment Paragraph (1) of section 223(g) of the Internal Revenue Code of 1986, as amended by section 2, is amended— (1) by striking Each and inserting In the case of a taxable year beginning after 2024, each , and (2) by striking calendar year 1997 and inserting calendar year 2023. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 4. Payment of health plan and health insurance premiums from HSA (a) In general Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986 is amended— (1) by striking subparagraph (B), (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively, (3) by striking Subparagraph (B) shall not apply to any expense for coverage under in subparagraph (B), as so redesignated, and inserting Subparagraph (A) shall not apply to any payment for insurance other than , and (4) in subparagraph (B), as so redesignated— (A) by striking or at the end of clause (iii), (B) by striking the period at the end of clause (iv) and inserting , or , and (C) by adding at the end the following new clause: (v) a health plan or health insurance coverage described in subsection (c)(1)(A).. (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 5. Treatment of medical care service arrangements (a) Inclusion as medical expenses Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by section 4, is further amended by adding at the end the following new subparagraph: (D) Inclusion of medical care service arrangements The term qualified medical expenses shall include— (i) periodic fees paid to a physician for a defined set of medical services or for the right to receive medical services on an as-needed basis, and (ii) amounts prepaid for medical services designed to screen for, diagnose, cure, mitigate, treat, or prevent disease and promote wellness.. (b) Arrangement not To be treated as health insurance Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: (4) Treatment of medical care service arrangements An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 6. Periodic provider fees treated as medical care (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) Periodic provider fees Periodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care.. (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2023. 7. Restoring lower penalty for nonqualified distributions (a) In general Section 223(e)(4)(A) of the Internal Revenue Code of 1986 is amended by striking 20 percent and inserting 10 percent. (b) Effective date The amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2023. 8. Treatment of health care sharing ministries (a) Inclusion as medical expenses Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by sections 4 and 5, is further amended by adding at the end the following new subparagraph: (E) Inclusion of health care sharing ministries The term qualified medical expenses shall include amounts paid by a member of a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii) without regard to subclause (IV) thereof) for— (i) the sharing of medical expenses among members, and (ii) administrative fees of the ministry.. (b) Health care sharing ministry not To be treated as health insurance Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: (5) Treatment of health care sharing ministries A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii) without regard to subclause (IV) thereof) shall not be treated as a health plan or insurance for purposes of this title.. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 9. Health care sharing ministry fees treated as medical care (a) In general Section 213(d) of the Internal Revenue Code of 1986, as amended by section 6, is further amended by adding at the end the following new paragraph: (13) Health care sharing ministries Amounts paid for membership in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii) without regard to subclause (IV) thereof) shall be treated as amounts paid for medical care.. (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2023.
9,123
[ "Ways and Means Committee" ]
118hr266ih
118
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To amend title 36, United States Code, to grant a Federal charter to the National Lighthouse Museum.
[ { "text": "1. Short title \nThis Act may be cited as the National Lighthouse Museum Act.", "id": "HC439B763812D4495B917463A5D7189A9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. National lighthouse museum \nPart B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1519 the following new chapter: 1520 National Lighthouse Museum \nSec. 152001. Organization. 152002. Purposes. 152003. Operation of museum. 152004. Membership. 152005. Governing body. 152006. Powers. 152007. Restrictions. 152008. Duty to maintain corporate and tax-exempt status. 152009. Records and inspection. 152010. Service of process. 152011. Liability for acts of officers and agents. 152012. Annual report. 152013. Definitions. 152001. Organization \n(a) Federal charter \nThe National Lighthouse Museum, incorporated in New York, is a federally chartered corporation. (b) Expiration of charter \nIf the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. 152002. Purposes \nThe purposes of the corporation are as provided in its constitution and bylaws and include the following purposes: (1) To collect, preserve, and interpret objects related to the history and technology of lighthouses and lightships located, in the past or present, at sites throughout the United States. (2) To research, document, and disseminate information on the history and technology of American lighthouses. (3) To create and maintain an archive of artifacts and materials related to American lighthouses. (4) To foster research of American lighthouse history. (5) To serve as a contact point for public inquiry and assistance with respect to American lighthouse history, research, education, collections, and programs. (6) To celebrate America’s lighthouse heritage through educational programs, publications, films, festivals, living history, lighthouse trails, conferences, and other such offerings. (7) To support other existing and future lighthouse museums, organizations, and sites. (8) To establish partnerships with other organizations to attain the above goals. (9) To engage in any lawful act or activity necessary to further the purposes of the corporation under this section. 152003. Operation of museum \n(a) In general \nThe corporation shall operate a museum to be known as the National Lighthouse Museum at the site of the former United States Lighthouse Service General Depot located at what is now known as St. George, Staten Island, New York. (b) Storage facility \nThe corporation shall operate a storage facility located at or near the site described in subsection (a) for the care, conservation, and maintenance of artifacts in the collection of the corporation. (c) Support to other museums \nThe corporation shall provide support to other museums that interpret the history of aids to navigation in the United States. (d) Designation of collection \nThe collection of artifacts of the National Lighthouse Museum shall be known as the National Lighthouse Collection. (e) Exclusive right \nThe corporation shall have the sole and exclusive right to use, in carrying out its purposes, the name National Lighthouse Museum and the sole and exclusive right to the use of its corporate seal, emblems, and badges as adopted by the corporation. 152004. Membership \nEligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation. 152005. Governing body \n(a) Board of trustees \nThe board of trustees of the corporation and the responsibilities of the board are as provided in the constitution and bylaws of the corporation. (b) Officers \nThe officers and the election of officers of the corporation are as provided in the bylaws of the corporation. 152006. Powers \nThe corporation has only the powers provided in its constitution, bylaws, and charter as granted by the Board of Regents of the State of New York and in the certificate of authority in any other State in which the corporation is, or shall be, qualified to do business. 152007. Restrictions \n(a) Stock and dividends \nThe corporation may not issue stock or declare or pay a dividend. (b) Political activities \nThe corporation or a trustee or officer, acting as such trustee or officer, may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation. (c) Distribution of income or assets \nThe income or assets of the corporation may not inure to the benefit of, or be distributed to, a trustee, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of trustees. (d) Loans \nThe corporation may not make a loan to a trustee, officer, or employee. (e) Claim of governmental Approval or authorization \nThe corporation may not claim congressional approval or the authority of the United States Government for any of its activities. 152008. Duty to maintain corporate and tax-exempt status \n(a) Corporate status \nThe corporation shall maintain its corporate status as a corporation incorporated under the laws of the State of New York. (b) Tax-Exempt status \nThe corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ). 152009. Records and inspection \n(a) Records \nThe corporation shall keep— (1) correct and complete records of account; (2) minutes of the proceedings of its members, board of trustees, and committees; and (3) at its principal office, a record of the names and addresses of its members entitled to vote, if any. (b) Inspection \nAny officer or trustee, or any member entitled to vote (if any), or an agent or attorney of such officer, trustee, or member, may inspect the records of the corporation for any proper purpose at any reasonable time. 152010. Service of process \nThe corporation shall comply with the law on service of process of the State of New York and in each State in which it carries on activities. 152011. Liability for acts of officers and agents \nThe corporation is liable for the acts of its officers and agents acting within the scope of their authority. 152012. Annual report \nThe corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document. 152013. Definitions \nFor purposes of this chapter— (1) the term corporation means the National Lighthouse Museum, Inc., incorporated in New York; and (2) the term State includes the District of Columbia and the territories and possessions of the United States..", "id": "H7AEBB923922E4FA8A5A86EB7F9A7BC4D", "header": "National lighthouse museum", "nested": [], "links": [ { "text": "26 U.S.C. 1 et seq.", "legal-doc": "usc", "parsable-cite": "usc/26/1" } ] }, { "text": "152001. Organization \n(a) Federal charter \nThe National Lighthouse Museum, incorporated in New York, is a federally chartered corporation. (b) Expiration of charter \nIf the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.", "id": "HE516ED3C8CF24FFE89FAAC4E3108EE61", "header": "Organization", "nested": [ { "text": "(a) Federal charter \nThe National Lighthouse Museum, incorporated in New York, is a federally chartered corporation.", "id": "H496C36FCBF224AC3AEF2C13E1E02AD52", "header": "Federal charter", "nested": [], "links": [] }, { "text": "(b) Expiration of charter \nIf the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.", "id": "HCD95848836F94F9A89D9DF482EC0AF8E", "header": "Expiration of charter", "nested": [], "links": [] } ], "links": [] }, { "text": "152002. Purposes \nThe purposes of the corporation are as provided in its constitution and bylaws and include the following purposes: (1) To collect, preserve, and interpret objects related to the history and technology of lighthouses and lightships located, in the past or present, at sites throughout the United States. (2) To research, document, and disseminate information on the history and technology of American lighthouses. (3) To create and maintain an archive of artifacts and materials related to American lighthouses. (4) To foster research of American lighthouse history. (5) To serve as a contact point for public inquiry and assistance with respect to American lighthouse history, research, education, collections, and programs. (6) To celebrate America’s lighthouse heritage through educational programs, publications, films, festivals, living history, lighthouse trails, conferences, and other such offerings. (7) To support other existing and future lighthouse museums, organizations, and sites. (8) To establish partnerships with other organizations to attain the above goals. (9) To engage in any lawful act or activity necessary to further the purposes of the corporation under this section.", "id": "H626CB8593BEE4082BFDF59D5135C8EA9", "header": "Purposes", "nested": [], "links": [] }, { "text": "152003. Operation of museum \n(a) In general \nThe corporation shall operate a museum to be known as the National Lighthouse Museum at the site of the former United States Lighthouse Service General Depot located at what is now known as St. George, Staten Island, New York. (b) Storage facility \nThe corporation shall operate a storage facility located at or near the site described in subsection (a) for the care, conservation, and maintenance of artifacts in the collection of the corporation. (c) Support to other museums \nThe corporation shall provide support to other museums that interpret the history of aids to navigation in the United States. (d) Designation of collection \nThe collection of artifacts of the National Lighthouse Museum shall be known as the National Lighthouse Collection. (e) Exclusive right \nThe corporation shall have the sole and exclusive right to use, in carrying out its purposes, the name National Lighthouse Museum and the sole and exclusive right to the use of its corporate seal, emblems, and badges as adopted by the corporation.", "id": "H34239D596EBD480C9C9931EAE2C4D6F8", "header": "Operation of museum", "nested": [ { "text": "(a) In general \nThe corporation shall operate a museum to be known as the National Lighthouse Museum at the site of the former United States Lighthouse Service General Depot located at what is now known as St. George, Staten Island, New York.", "id": "H97672B9E772A441B8A0202928230E898", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Storage facility \nThe corporation shall operate a storage facility located at or near the site described in subsection (a) for the care, conservation, and maintenance of artifacts in the collection of the corporation.", "id": "HADC6A519856440729AAEF920CA8DE5F2", "header": "Storage facility", "nested": [], "links": [] }, { "text": "(c) Support to other museums \nThe corporation shall provide support to other museums that interpret the history of aids to navigation in the United States.", "id": "H9A8D283648744DF0B76EE0C0B1772EE4", "header": "Support to other museums", "nested": [], "links": [] }, { "text": "(d) Designation of collection \nThe collection of artifacts of the National Lighthouse Museum shall be known as the National Lighthouse Collection.", "id": "H97819CB93E7B4253AD53B3A0F63E4E3B", "header": "Designation of collection", "nested": [], "links": [] }, { "text": "(e) Exclusive right \nThe corporation shall have the sole and exclusive right to use, in carrying out its purposes, the name National Lighthouse Museum and the sole and exclusive right to the use of its corporate seal, emblems, and badges as adopted by the corporation.", "id": "H3E89EEA274D44B87AF96B9300C7DF2C2", "header": "Exclusive right", "nested": [], "links": [] } ], "links": [] }, { "text": "152004. Membership \nEligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.", "id": "HE5E319B32FAD40D49040329B4DDAB2CA", "header": "Membership", "nested": [], "links": [] }, { "text": "152005. Governing body \n(a) Board of trustees \nThe board of trustees of the corporation and the responsibilities of the board are as provided in the constitution and bylaws of the corporation. (b) Officers \nThe officers and the election of officers of the corporation are as provided in the bylaws of the corporation.", "id": "H34A5CCE7FFC74507A78D719DBF1ABEE6", "header": "Governing body", "nested": [ { "text": "(a) Board of trustees \nThe board of trustees of the corporation and the responsibilities of the board are as provided in the constitution and bylaws of the corporation.", "id": "H14C4B4FF1F0B458E9BD0F6E4DC524150", "header": "Board of trustees", "nested": [], "links": [] }, { "text": "(b) Officers \nThe officers and the election of officers of the corporation are as provided in the bylaws of the corporation.", "id": "HD11FD1FAC2514630B40672052AD5601C", "header": "Officers", "nested": [], "links": [] } ], "links": [] }, { "text": "152006. Powers \nThe corporation has only the powers provided in its constitution, bylaws, and charter as granted by the Board of Regents of the State of New York and in the certificate of authority in any other State in which the corporation is, or shall be, qualified to do business.", "id": "H331FC53F32024502B607F213F67B22C4", "header": "Powers", "nested": [], "links": [] }, { "text": "152007. Restrictions \n(a) Stock and dividends \nThe corporation may not issue stock or declare or pay a dividend. (b) Political activities \nThe corporation or a trustee or officer, acting as such trustee or officer, may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation. (c) Distribution of income or assets \nThe income or assets of the corporation may not inure to the benefit of, or be distributed to, a trustee, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of trustees. (d) Loans \nThe corporation may not make a loan to a trustee, officer, or employee. (e) Claim of governmental Approval or authorization \nThe corporation may not claim congressional approval or the authority of the United States Government for any of its activities.", "id": "H20E4D633E21D4117B249E5A678EF0188", "header": "Restrictions", "nested": [ { "text": "(a) Stock and dividends \nThe corporation may not issue stock or declare or pay a dividend.", "id": "H55C58A65F5234F2BACF3646DADB6B35D", "header": "Stock and dividends", "nested": [], "links": [] }, { "text": "(b) Political activities \nThe corporation or a trustee or officer, acting as such trustee or officer, may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.", "id": "HA50ADE2BF80E4F0A8E4A28827F9E900C", "header": "Political activities", "nested": [], "links": [] }, { "text": "(c) Distribution of income or assets \nThe income or assets of the corporation may not inure to the benefit of, or be distributed to, a trustee, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of trustees.", "id": "H099B0EC1827B42DC8F6BE93EF082C48A", "header": "Distribution of income or assets", "nested": [], "links": [] }, { "text": "(d) Loans \nThe corporation may not make a loan to a trustee, officer, or employee.", "id": "H970491EF77F741C7858F1E135EFC33AB", "header": "Loans", "nested": [], "links": [] }, { "text": "(e) Claim of governmental Approval or authorization \nThe corporation may not claim congressional approval or the authority of the United States Government for any of its activities.", "id": "HE13325E52B0E476084E42D1C8515A2A6", "header": "Claim of governmental Approval or authorization", "nested": [], "links": [] } ], "links": [] }, { "text": "152008. Duty to maintain corporate and tax-exempt status \n(a) Corporate status \nThe corporation shall maintain its corporate status as a corporation incorporated under the laws of the State of New York. (b) Tax-Exempt status \nThe corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ).", "id": "HBEA41E061BF049C1BD79893289330AD5", "header": "Duty to maintain corporate and tax-exempt status", "nested": [ { "text": "(a) Corporate status \nThe corporation shall maintain its corporate status as a corporation incorporated under the laws of the State of New York.", "id": "H6B2F55778AE74F9CBE88A2877FC392EC", "header": "Corporate status", "nested": [], "links": [] }, { "text": "(b) Tax-Exempt status \nThe corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ).", "id": "H8F4ED85266D14584B1C2F378BED78949", "header": "Tax-Exempt status", "nested": [], "links": [ { "text": "26 U.S.C. 1 et seq.", "legal-doc": "usc", "parsable-cite": "usc/26/1" } ] } ], "links": [ { "text": "26 U.S.C. 1 et seq.", "legal-doc": "usc", "parsable-cite": "usc/26/1" } ] }, { "text": "152009. Records and inspection \n(a) Records \nThe corporation shall keep— (1) correct and complete records of account; (2) minutes of the proceedings of its members, board of trustees, and committees; and (3) at its principal office, a record of the names and addresses of its members entitled to vote, if any. (b) Inspection \nAny officer or trustee, or any member entitled to vote (if any), or an agent or attorney of such officer, trustee, or member, may inspect the records of the corporation for any proper purpose at any reasonable time.", "id": "HA4DEB553F6F54004BF434910D8BC8D20", "header": "Records and inspection", "nested": [ { "text": "(a) Records \nThe corporation shall keep— (1) correct and complete records of account; (2) minutes of the proceedings of its members, board of trustees, and committees; and (3) at its principal office, a record of the names and addresses of its members entitled to vote, if any.", "id": "H15E144F0DA7F4FC7BC1D435DFD6F1915", "header": "Records", "nested": [], "links": [] }, { "text": "(b) Inspection \nAny officer or trustee, or any member entitled to vote (if any), or an agent or attorney of such officer, trustee, or member, may inspect the records of the corporation for any proper purpose at any reasonable time.", "id": "H030134AC9DF04AA8A05662809AD899CC", "header": "Inspection", "nested": [], "links": [] } ], "links": [] }, { "text": "152010. Service of process \nThe corporation shall comply with the law on service of process of the State of New York and in each State in which it carries on activities.", "id": "HD972446D66654694BBEA1565F4C1FF38", "header": "Service of process", "nested": [], "links": [] }, { "text": "152011. Liability for acts of officers and agents \nThe corporation is liable for the acts of its officers and agents acting within the scope of their authority.", "id": "HB7907F4A31EF4B6785022421DD0FF865", "header": "Liability for acts of officers and agents", "nested": [], "links": [] }, { "text": "152012. Annual report \nThe corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.", "id": "H8C0D5E8907924F8A899BE8E33073621F", "header": "Annual report", "nested": [], "links": [] }, { "text": "152013. Definitions \nFor purposes of this chapter— (1) the term corporation means the National Lighthouse Museum, Inc., incorporated in New York; and (2) the term State includes the District of Columbia and the territories and possessions of the United States.", "id": "H41F37B8917E94C2085D94DD42BD614EB", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Clerical amendment \nThe table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1519 the following new item: 1520. National Lighthouse Museum 152001..", "id": "HAF2B8B0E31E5468FB60AAD995AB91BB2", "header": "Clerical amendment", "nested": [], "links": [] } ]
16
1. Short title This Act may be cited as the National Lighthouse Museum Act. 2. National lighthouse museum Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1519 the following new chapter: 1520 National Lighthouse Museum Sec. 152001. Organization. 152002. Purposes. 152003. Operation of museum. 152004. Membership. 152005. Governing body. 152006. Powers. 152007. Restrictions. 152008. Duty to maintain corporate and tax-exempt status. 152009. Records and inspection. 152010. Service of process. 152011. Liability for acts of officers and agents. 152012. Annual report. 152013. Definitions. 152001. Organization (a) Federal charter The National Lighthouse Museum, incorporated in New York, is a federally chartered corporation. (b) Expiration of charter If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. 152002. Purposes The purposes of the corporation are as provided in its constitution and bylaws and include the following purposes: (1) To collect, preserve, and interpret objects related to the history and technology of lighthouses and lightships located, in the past or present, at sites throughout the United States. (2) To research, document, and disseminate information on the history and technology of American lighthouses. (3) To create and maintain an archive of artifacts and materials related to American lighthouses. (4) To foster research of American lighthouse history. (5) To serve as a contact point for public inquiry and assistance with respect to American lighthouse history, research, education, collections, and programs. (6) To celebrate America’s lighthouse heritage through educational programs, publications, films, festivals, living history, lighthouse trails, conferences, and other such offerings. (7) To support other existing and future lighthouse museums, organizations, and sites. (8) To establish partnerships with other organizations to attain the above goals. (9) To engage in any lawful act or activity necessary to further the purposes of the corporation under this section. 152003. Operation of museum (a) In general The corporation shall operate a museum to be known as the National Lighthouse Museum at the site of the former United States Lighthouse Service General Depot located at what is now known as St. George, Staten Island, New York. (b) Storage facility The corporation shall operate a storage facility located at or near the site described in subsection (a) for the care, conservation, and maintenance of artifacts in the collection of the corporation. (c) Support to other museums The corporation shall provide support to other museums that interpret the history of aids to navigation in the United States. (d) Designation of collection The collection of artifacts of the National Lighthouse Museum shall be known as the National Lighthouse Collection. (e) Exclusive right The corporation shall have the sole and exclusive right to use, in carrying out its purposes, the name National Lighthouse Museum and the sole and exclusive right to the use of its corporate seal, emblems, and badges as adopted by the corporation. 152004. Membership Eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation. 152005. Governing body (a) Board of trustees The board of trustees of the corporation and the responsibilities of the board are as provided in the constitution and bylaws of the corporation. (b) Officers The officers and the election of officers of the corporation are as provided in the bylaws of the corporation. 152006. Powers The corporation has only the powers provided in its constitution, bylaws, and charter as granted by the Board of Regents of the State of New York and in the certificate of authority in any other State in which the corporation is, or shall be, qualified to do business. 152007. Restrictions (a) Stock and dividends The corporation may not issue stock or declare or pay a dividend. (b) Political activities The corporation or a trustee or officer, acting as such trustee or officer, may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation. (c) Distribution of income or assets The income or assets of the corporation may not inure to the benefit of, or be distributed to, a trustee, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of trustees. (d) Loans The corporation may not make a loan to a trustee, officer, or employee. (e) Claim of governmental Approval or authorization The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. 152008. Duty to maintain corporate and tax-exempt status (a) Corporate status The corporation shall maintain its corporate status as a corporation incorporated under the laws of the State of New York. (b) Tax-Exempt status The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ). 152009. Records and inspection (a) Records The corporation shall keep— (1) correct and complete records of account; (2) minutes of the proceedings of its members, board of trustees, and committees; and (3) at its principal office, a record of the names and addresses of its members entitled to vote, if any. (b) Inspection Any officer or trustee, or any member entitled to vote (if any), or an agent or attorney of such officer, trustee, or member, may inspect the records of the corporation for any proper purpose at any reasonable time. 152010. Service of process The corporation shall comply with the law on service of process of the State of New York and in each State in which it carries on activities. 152011. Liability for acts of officers and agents The corporation is liable for the acts of its officers and agents acting within the scope of their authority. 152012. Annual report The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document. 152013. Definitions For purposes of this chapter— (1) the term corporation means the National Lighthouse Museum, Inc., incorporated in New York; and (2) the term State includes the District of Columbia and the territories and possessions of the United States.. 152001. Organization (a) Federal charter The National Lighthouse Museum, incorporated in New York, is a federally chartered corporation. (b) Expiration of charter If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. 152002. Purposes The purposes of the corporation are as provided in its constitution and bylaws and include the following purposes: (1) To collect, preserve, and interpret objects related to the history and technology of lighthouses and lightships located, in the past or present, at sites throughout the United States. (2) To research, document, and disseminate information on the history and technology of American lighthouses. (3) To create and maintain an archive of artifacts and materials related to American lighthouses. (4) To foster research of American lighthouse history. (5) To serve as a contact point for public inquiry and assistance with respect to American lighthouse history, research, education, collections, and programs. (6) To celebrate America’s lighthouse heritage through educational programs, publications, films, festivals, living history, lighthouse trails, conferences, and other such offerings. (7) To support other existing and future lighthouse museums, organizations, and sites. (8) To establish partnerships with other organizations to attain the above goals. (9) To engage in any lawful act or activity necessary to further the purposes of the corporation under this section. 152003. Operation of museum (a) In general The corporation shall operate a museum to be known as the National Lighthouse Museum at the site of the former United States Lighthouse Service General Depot located at what is now known as St. George, Staten Island, New York. (b) Storage facility The corporation shall operate a storage facility located at or near the site described in subsection (a) for the care, conservation, and maintenance of artifacts in the collection of the corporation. (c) Support to other museums The corporation shall provide support to other museums that interpret the history of aids to navigation in the United States. (d) Designation of collection The collection of artifacts of the National Lighthouse Museum shall be known as the National Lighthouse Collection. (e) Exclusive right The corporation shall have the sole and exclusive right to use, in carrying out its purposes, the name National Lighthouse Museum and the sole and exclusive right to the use of its corporate seal, emblems, and badges as adopted by the corporation. 152004. Membership Eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation. 152005. Governing body (a) Board of trustees The board of trustees of the corporation and the responsibilities of the board are as provided in the constitution and bylaws of the corporation. (b) Officers The officers and the election of officers of the corporation are as provided in the bylaws of the corporation. 152006. Powers The corporation has only the powers provided in its constitution, bylaws, and charter as granted by the Board of Regents of the State of New York and in the certificate of authority in any other State in which the corporation is, or shall be, qualified to do business. 152007. Restrictions (a) Stock and dividends The corporation may not issue stock or declare or pay a dividend. (b) Political activities The corporation or a trustee or officer, acting as such trustee or officer, may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation. (c) Distribution of income or assets The income or assets of the corporation may not inure to the benefit of, or be distributed to, a trustee, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of trustees. (d) Loans The corporation may not make a loan to a trustee, officer, or employee. (e) Claim of governmental Approval or authorization The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. 152008. Duty to maintain corporate and tax-exempt status (a) Corporate status The corporation shall maintain its corporate status as a corporation incorporated under the laws of the State of New York. (b) Tax-Exempt status The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ). 152009. Records and inspection (a) Records The corporation shall keep— (1) correct and complete records of account; (2) minutes of the proceedings of its members, board of trustees, and committees; and (3) at its principal office, a record of the names and addresses of its members entitled to vote, if any. (b) Inspection Any officer or trustee, or any member entitled to vote (if any), or an agent or attorney of such officer, trustee, or member, may inspect the records of the corporation for any proper purpose at any reasonable time. 152010. Service of process The corporation shall comply with the law on service of process of the State of New York and in each State in which it carries on activities. 152011. Liability for acts of officers and agents The corporation is liable for the acts of its officers and agents acting within the scope of their authority. 152012. Annual report The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document. 152013. Definitions For purposes of this chapter— (1) the term corporation means the National Lighthouse Museum, Inc., incorporated in New York; and (2) the term State includes the District of Columbia and the territories and possessions of the United States. 3. Clerical amendment The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1519 the following new item: 1520. National Lighthouse Museum 152001..
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[ "Judiciary Committee" ]
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To amend the Elementary and Secondary Education Act of 1965 to decrease the frequency of standardized tests administered to students in grades 3 through 12, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the More Teaching Less Testing Act of 2023.", "id": "H6FA37EE25ABA42649C2C2610D61E8D97", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) An overwhelming body of research evidence demonstrates that— (A) standardized testing scores are highly correlated with the socioeconomic status of a student; and (B) test-based accountability has not improved equity in public schools. (2) According to the National Education Association, there is a nationwide shortage of 300,000 teachers and school staff. (3) According to the 2022 report of the American Federation of Teachers Teacher and School Staff Shortage Task Force titled Here Today, Gone Tomorrow? , reducing the frequency of standardized testing and empowering teachers to use authentic assessments that measure what students know and can do is a critical component to addressing the nationwide teacher shortage. (4) Research published by the National Academies Press shows that summative assessments are appropriate for curriculum and in-school accountability but are not appropriate when used as a dominant factor in making high-stakes decisions and can undermine the quality of education and equality of opportunity. (5) The peer-reviewed Research in Middle Level Education Journal published a study in 2017 showing that State standardized test results are strongly influenced by non-school factors and that standardized test results cannot capture the complexities of the influence of middle level administrators may have on the lives of students. Nevertheless, the use of State standardized test results drove school administrator evaluations in more than 40 States. (6) More than 1,185 accredited, four-year colleges and universities removed ACT and SAT test score requirements for prospective applicants for the Fall 2022 semester. (7) According to a sum of mean science, reading, and mathematics scores from the OECD Programme for International Student Assessment (in this Act referred to as PISA ) results for 2018, the United States ranked 22nd out of participating countries. In mathematics, the United States ranked 36th out of the 79 participating countries and regions, which was below the international average. Throughout the high-stakes accountability era, standardized test scores in the United States have remained flat. (8) Even before the COVID–19 pandemic began, progress had stalled on the main measure of academic well-being in the United States, the National Assessment of Educational Progress (in this Act referred to as NAEP ). According to the 2019 NAEP, the average performance of American fourth-and eighth-graders in math and reading has declined since the 2017 NAEP. (9) According to the National Center for Education Statistics, students demonstrating the lowest performance in reading have made no progress since the first NAEP was conducted almost 30 years ago. (10) According to the 2015 survey from the Council of the Great City Schools titled Student Testing in America’s Great City Schools: An Inventory and Preliminary Analysis , there is no correlation between the amount of mandated testing time and the reading and mathematics scores in grades four and eight on the NAEP. (11) In the same survey from the Council of the Great City Schools, 39 percent of school districts reported having to wait between two and four months before final State test results were available at the school level, minimizing the utility of these tests for instructional purposes. (12) In 2015, a typical American student took 112 mandated standardized tests across the length of their elementary and secondary education years, including both federally mandated summative assessments and non-federally mandated summative assessments. Countries that outperform the United States on the PISA only test their students three times throughout the kindergarten through twelfth-grade years. (13) Research has shown that current testing volumes narrow curriculum to the tested topics, particularly when exams are high stakes. Other important subjects, such as art, music, finance, foreign languages, social studies, civics, and physical education are downplayed or ignored. (14) Studies show that standardized testing leads to the narrowing of instruction and classroom curriculum even within assessed subjects. (15) The negative impact of standardized testing extends to students, their families, and the economic well-being of their communities. The mass availability of school ratings based on standardized test scores has accelerated divergence in housing values, income distributions, and education levels as well as the racial and ethnic composition across communities. (16) African Americans, especially boys, are disproportionately placed or misplaced in special education, frequently based on standardized test results. (17) A reduction in the administration of and preparation for mandated summative assessments would afford more time and resources for other learning opportunities that— (A) incorporate a diverse array of high-quality assessment methods, including formative assessments embedded within instruction, performance-based assessment, and methods to assess understanding and skill development through project-based learning; and (B) promote deeper learning, positive cognitive development, and the skills needed for the 21st century workforce.", "id": "H60AC3382C5D343E9850D0CF69920CDF6", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Sense of Congress relating to appropriate uses of summative assessments \nIt is the sense of Congress that— (1) to support a love of learning that fosters joy, curiosity, creativity, rigor, collaborative problem solving, and the development of 21st century skills, public elementary and secondary schools need more capacity and resources for meaningful educational experiences; (2) the requirement for States to administer annual standardized tests to receive Federal funds under title I of the Elementary and Secondary Education Act of 1965 limits classroom instruction, promotes memorization over critical thinking, and prioritizes multiple choice tests over balanced assessment systems using multiple measures that promote high-quality teaching and learning; (3) a robust body of research demonstrates that the overuse of standardized testing takes a negative toll on students, teachers, and the classroom environment; (4) States should be supported in developing and implementing innovative, evidence-based, and standards-based assessment systems that support high-quality teaching and learning and the ability to meaningfully measure performance rather than using commercial assessment products that are limited to demonstrating proficiency to a standardized test; and (5) State assessment and accountability systems should— (A) focus on, not hinder, critical thinking; (B) reflect principles of reciprocity, such that identified needs and areas for growth result in the allocation of both resources and capacity building opportunities to support improvement; and (C) promote equitable opportunities for high-quality teaching and deep learning on a range of academic, socioemotional, and 21st century skills.", "id": "HD12A11E82F774FA488EA492FE82234B9", "header": "Sense of Congress relating to appropriate uses of summative assessments", "nested": [], "links": [] }, { "text": "4. Decreasing standardized testing frequency for students in grades 3 through 12 \n(a) Expansion of State educational assessment options \nSection 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended by adding at the end the following: (53) Combination testing \nThe term combination testing means an educational assessment system in which a State administers grade-span testing using— (A) representative sampling; or (B) matrix sampling. (54) Grade-span testing \nThe term grade-span testing means an educational assessment system in which a State administers each of the assessments described in section 1111(b)(2)(A) once during— (A) grades 3 through 5; (B) grades 6 through 9; and (C) grades 10 through 12. (55) Matrix sampling \nThe term matrix sampling means an educational assessment administration method in which a State— (A) divides the total number of questions on an educational assessment into groups that are comprised of an equal number of questions; (B) divides the students enrolled at an elementary or secondary school who will receive such educational assessment into groups that are comprised of— (i) an equal number of students; and (ii) with respect to each subgroup of students (described in section 1111(b)(2)(B)(xi)), a number of students belonging to such subgroup that is equal to the proportion of— (I) the total number of students enrolled at such school belonging to such subgroup; to (II) the total number of students enrolled at such school; and (C) administers such groups of questions to such groups of students in a manner determined by the Secretary to be appropriate. (56) Representative sampling \n(A) In general \nThe term representative sampling means an educational assessment administration method in which a State— (i) administers, in accordance with subparagraph (B), math, reading or language arts, and science assessments to a representative sample of students from a sample of public elementary and secondary schools in the State; and (ii) is able to draw from such sampling valid and reliable inferences about the performance of students— (I) in the State and in local educational agencies served by the State; and (II) in the elementary and secondary schools selected for such sampling. (B) Sample requirements \nA State shall ensure that— (i) each assessment described in subparagraph (A)(i) is administered to a different representative sample of students; and (ii) the composition of each such representative sample of students enables results to be disaggregated in accordance with section 1111(b)(2)(B)(xi).. (b) State discretion concerning the frequency of standardized testing \nSection 1111(b)(2)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B) ) is amended— (1) in clause (i)(II)— (A) by inserting , in accordance with clause (v), after administered ; and (B) by striking all ; (2) in clause (v)— (A) by amending subclause (I) to read as follows: (I) in the case of mathematics, reading or language arts, and science, be administered using— (aa) combination testing; (bb) grade-span testing; or (cc) representative sampling— (AA) not more than once in each of grades 3 through 8; and (BB) at least once in grades 9 through 12; and ; (B) by striking subclause (II); and (C) by redesignating subclause (III) as subclause (II); and (3) in clause (vii)(I), by inserting , as applicable after students. (c) Statewide accountability system \nSection 1111(c)(4) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(4) ) is amended— (1) in subparagraph (A)(i)(I)(aa), by striking annual ; and (2) in subclauses (I) and (II) of subparagraph (B)(i), by striking annual in each place it appears.", "id": "H20209DFFFE11405EB498F4F49131E96B", "header": "Decreasing standardized testing frequency for students in grades 3 through 12", "nested": [ { "text": "(a) Expansion of State educational assessment options \nSection 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended by adding at the end the following: (53) Combination testing \nThe term combination testing means an educational assessment system in which a State administers grade-span testing using— (A) representative sampling; or (B) matrix sampling. (54) Grade-span testing \nThe term grade-span testing means an educational assessment system in which a State administers each of the assessments described in section 1111(b)(2)(A) once during— (A) grades 3 through 5; (B) grades 6 through 9; and (C) grades 10 through 12. (55) Matrix sampling \nThe term matrix sampling means an educational assessment administration method in which a State— (A) divides the total number of questions on an educational assessment into groups that are comprised of an equal number of questions; (B) divides the students enrolled at an elementary or secondary school who will receive such educational assessment into groups that are comprised of— (i) an equal number of students; and (ii) with respect to each subgroup of students (described in section 1111(b)(2)(B)(xi)), a number of students belonging to such subgroup that is equal to the proportion of— (I) the total number of students enrolled at such school belonging to such subgroup; to (II) the total number of students enrolled at such school; and (C) administers such groups of questions to such groups of students in a manner determined by the Secretary to be appropriate. (56) Representative sampling \n(A) In general \nThe term representative sampling means an educational assessment administration method in which a State— (i) administers, in accordance with subparagraph (B), math, reading or language arts, and science assessments to a representative sample of students from a sample of public elementary and secondary schools in the State; and (ii) is able to draw from such sampling valid and reliable inferences about the performance of students— (I) in the State and in local educational agencies served by the State; and (II) in the elementary and secondary schools selected for such sampling. (B) Sample requirements \nA State shall ensure that— (i) each assessment described in subparagraph (A)(i) is administered to a different representative sample of students; and (ii) the composition of each such representative sample of students enables results to be disaggregated in accordance with section 1111(b)(2)(B)(xi)..", "id": "HDDC2BC3AF34C427F92821570ED8B3080", "header": "Expansion of State educational assessment options", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "(b) State discretion concerning the frequency of standardized testing \nSection 1111(b)(2)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B) ) is amended— (1) in clause (i)(II)— (A) by inserting , in accordance with clause (v), after administered ; and (B) by striking all ; (2) in clause (v)— (A) by amending subclause (I) to read as follows: (I) in the case of mathematics, reading or language arts, and science, be administered using— (aa) combination testing; (bb) grade-span testing; or (cc) representative sampling— (AA) not more than once in each of grades 3 through 8; and (BB) at least once in grades 9 through 12; and ; (B) by striking subclause (II); and (C) by redesignating subclause (III) as subclause (II); and (3) in clause (vii)(I), by inserting , as applicable after students.", "id": "HC253836525FB4FA087EA7FE97B0A3548", "header": "State discretion concerning the frequency of standardized testing", "nested": [], "links": [ { "text": "20 U.S.C. 6311(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "(c) Statewide accountability system \nSection 1111(c)(4) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(4) ) is amended— (1) in subparagraph (A)(i)(I)(aa), by striking annual ; and (2) in subclauses (I) and (II) of subparagraph (B)(i), by striking annual in each place it appears.", "id": "H3C09999ACB0D4CE29BBE82B6DC858B40", "header": "Statewide accountability system", "nested": [], "links": [ { "text": "20 U.S.C. 6311(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] } ], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 6311(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 6311(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "5. Public comment period regarding the administration of assessments for each grade \nSection 1111(b)(2)(L) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(L) ) is amended— (1) by striking at the sole discretion of such State and inserting following a 90-day public comment period inviting input from a broad community of local stakeholders, including educators, principals, other school leaders, parents, and primary caregivers ; and (2) by inserting , and preparation for, after administration of.", "id": "HB7AA2860812649BBB29C28520DA673DF", "header": "Public comment period regarding the administration of assessments for each grade", "nested": [], "links": [ { "text": "20 U.S.C. 6311(b)(2)(L)", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "6. Establishing a taskforce to evaluate testing practices and to promote quality teaching \n(a) Establishment \nThere is established a taskforce within the National Center for Education Research to be known as the Taskforce to Evaluate Testing Practices and Promote Quality Teaching (in this section referred to as the Taskforce ). (b) Duties \nThe duties of the Taskforce shall be to— (1) identify— (A) the effect standardized test practices have on student wellness, learning, and postsecondary education success; (B) opportunities to promote in elementary and secondary schools performance-based assessment systems that are developmentally appropriate, promote experiential and project-based learning, and build technological literacy skills; (C) potential metrics of educational quality and equity that do not rely on standardized assessments, including opportunity-to-learn data; and (D) barriers that prevent elementary and secondary schools from establishing innovative assessment systems; and (2) make recommendations to address such barriers. (c) Membership \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Commissioner for Education Research shall appoint to the Taskforce not fewer than 5, and not more than 10, members. (2) Inclusion of educational assessment experts \nAt least 1 member shall be an individual with expertise in education assessment systems, including performance-based assessments. (3) Terms \nEach member shall be appointed for a term of 2 years. (4) Basic Pay \nMembers shall each be paid at a rate equal to the rate of basic pay for level IV of the Executive Schedule. (5) Vacancies \nA vacancy in the Taskforce shall be filled by an appointment of a new member by the Director (as described in subsection (d)) in consultation with— (A) public elementary school teachers; (B) public secondary school teachers; (C) public school leaders; and (D) individuals representing organizations with expertise in education policy. (d) Director of Taskforce \nThe Taskforce shall have a Director who shall be appointed by the Commissioner, in consultation with— (1) public elementary school teachers; (2) public secondary school teachers; (3) public school leaders; (4) school-based mental health services providers; and (5) individuals representing organizations with expertise in education policy. (e) Report Required \nNot later than 2 years after the date on which the Commissioner completes all appointments to the Taskforce required under subsection (c)(1), the Taskforce shall submit to the appropriate congressional committees a report that includes— (1) a review, disaggregated by each State, of assessments administered to students in kindergarten through grade 12 that includes— (A) a description of each summative assessment the State used, including assessments developed pursuant to the innovative assessment demonstration authority under section 1204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6364 ); (B) an estimation of the cost of administering each such assessment; (C) an estimation, for each grade, of the test administration time allocated each academic year for such assessments; (D) an estimation, for each grade, of the classroom instructional time lost each academic year while preparing students for each such assessment; and (E) a description of how each State is using data from such assessments, including whether such data is used for punitive purposes; (2) an accounting of Federal, State, and local funds paid to for-profit entities for the purpose of designing, developing, administering, and scoring summative assessments; (3) a study of the interaction between statewide summative assessment and accountability systems, as implemented as of the date of the beginning of the report required under this subsection, and the quality of teaching and learning, including— (A) the extent to which statewide summative assessments are aligned to 21st century skill development; (B) the extent to which such assessment and accountability systems lead to a narrowing of curriculum; and (C) the impact of such assessment and accountability systems on the quality of instruction and opportunities for deeper learning across a variety of subjects and skills; (4) a description of barriers that prevent schools from establishing and implementing innovative assessment systems that promote performance-based assessment; (5) recommendations to overcome such barriers; and (6) recommendations for innovative assessment systems that— (A) are created in partnership with teachers and other educators; (B) empower teachers; (C) reduce elementary and secondary school reliance upon summative assessment tools from for-profit third-party vendors; and (D) create a framework for designing a balanced assessment system that supports equitable opportunities for learning and centers students’ needs. (f) Expiration of Taskforce \nThe Taskforce shall expire on the date that is 30 days after the date of the submission of the report required under subsection (d). (g) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committees on Appropriations of the Senate and House of Representatives; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) the Committee on Education and the Workforce of the House of Representatives. (2) ESEA terms \n(A) The terms elementary school , school leader , secondary school , and State have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (B) The term innovative assessment system has the meaning given such term in section 1204(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6364(a) ). (C) The term school-based mental health services provider has the meaning given such term in section 4102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7112 ).", "id": "H40C91EA670AC4CE6AED8160C57C8B0CE", "header": "Establishing a taskforce to evaluate testing practices and to promote quality teaching", "nested": [ { "text": "(a) Establishment \nThere is established a taskforce within the National Center for Education Research to be known as the Taskforce to Evaluate Testing Practices and Promote Quality Teaching (in this section referred to as the Taskforce ).", "id": "H802D287CE42A4A26B4616D2B5E297F8C", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Duties \nThe duties of the Taskforce shall be to— (1) identify— (A) the effect standardized test practices have on student wellness, learning, and postsecondary education success; (B) opportunities to promote in elementary and secondary schools performance-based assessment systems that are developmentally appropriate, promote experiential and project-based learning, and build technological literacy skills; (C) potential metrics of educational quality and equity that do not rely on standardized assessments, including opportunity-to-learn data; and (D) barriers that prevent elementary and secondary schools from establishing innovative assessment systems; and (2) make recommendations to address such barriers.", "id": "HC49041394BC24CEF857F90FD52EF35B5", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Membership \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Commissioner for Education Research shall appoint to the Taskforce not fewer than 5, and not more than 10, members. (2) Inclusion of educational assessment experts \nAt least 1 member shall be an individual with expertise in education assessment systems, including performance-based assessments. (3) Terms \nEach member shall be appointed for a term of 2 years. (4) Basic Pay \nMembers shall each be paid at a rate equal to the rate of basic pay for level IV of the Executive Schedule. (5) Vacancies \nA vacancy in the Taskforce shall be filled by an appointment of a new member by the Director (as described in subsection (d)) in consultation with— (A) public elementary school teachers; (B) public secondary school teachers; (C) public school leaders; and (D) individuals representing organizations with expertise in education policy.", "id": "H3F4B0CA25FD744A49B06D8A0A81C5AD2", "header": "Membership", "nested": [], "links": [] }, { "text": "(d) Director of Taskforce \nThe Taskforce shall have a Director who shall be appointed by the Commissioner, in consultation with— (1) public elementary school teachers; (2) public secondary school teachers; (3) public school leaders; (4) school-based mental health services providers; and (5) individuals representing organizations with expertise in education policy.", "id": "H3F1FF63ED5B045B288A7EF9E7A10BC51", "header": "Director of Taskforce", "nested": [], "links": [] }, { "text": "(e) Report Required \nNot later than 2 years after the date on which the Commissioner completes all appointments to the Taskforce required under subsection (c)(1), the Taskforce shall submit to the appropriate congressional committees a report that includes— (1) a review, disaggregated by each State, of assessments administered to students in kindergarten through grade 12 that includes— (A) a description of each summative assessment the State used, including assessments developed pursuant to the innovative assessment demonstration authority under section 1204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6364 ); (B) an estimation of the cost of administering each such assessment; (C) an estimation, for each grade, of the test administration time allocated each academic year for such assessments; (D) an estimation, for each grade, of the classroom instructional time lost each academic year while preparing students for each such assessment; and (E) a description of how each State is using data from such assessments, including whether such data is used for punitive purposes; (2) an accounting of Federal, State, and local funds paid to for-profit entities for the purpose of designing, developing, administering, and scoring summative assessments; (3) a study of the interaction between statewide summative assessment and accountability systems, as implemented as of the date of the beginning of the report required under this subsection, and the quality of teaching and learning, including— (A) the extent to which statewide summative assessments are aligned to 21st century skill development; (B) the extent to which such assessment and accountability systems lead to a narrowing of curriculum; and (C) the impact of such assessment and accountability systems on the quality of instruction and opportunities for deeper learning across a variety of subjects and skills; (4) a description of barriers that prevent schools from establishing and implementing innovative assessment systems that promote performance-based assessment; (5) recommendations to overcome such barriers; and (6) recommendations for innovative assessment systems that— (A) are created in partnership with teachers and other educators; (B) empower teachers; (C) reduce elementary and secondary school reliance upon summative assessment tools from for-profit third-party vendors; and (D) create a framework for designing a balanced assessment system that supports equitable opportunities for learning and centers students’ needs.", "id": "H974FD5E266F04F57B792BAEA1F0E25C5", "header": "Report Required", "nested": [], "links": [ { "text": "20 U.S.C. 6364", "legal-doc": "usc", "parsable-cite": "usc/20/6364" } ] }, { "text": "(f) Expiration of Taskforce \nThe Taskforce shall expire on the date that is 30 days after the date of the submission of the report required under subsection (d).", "id": "H1F823AA2048542288855CD43233DF93A", "header": "Expiration of Taskforce", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committees on Appropriations of the Senate and House of Representatives; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) the Committee on Education and the Workforce of the House of Representatives. (2) ESEA terms \n(A) The terms elementary school , school leader , secondary school , and State have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (B) The term innovative assessment system has the meaning given such term in section 1204(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6364(a) ). (C) The term school-based mental health services provider has the meaning given such term in section 4102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7112 ).", "id": "H4D815BD6CEFD45A5B727C29B25ED5EC0", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 6364(a)", "legal-doc": "usc", "parsable-cite": "usc/20/6364" }, { "text": "20 U.S.C. 7112", "legal-doc": "usc", "parsable-cite": "usc/20/7112" } ] } ], "links": [ { "text": "20 U.S.C. 6364", "legal-doc": "usc", "parsable-cite": "usc/20/6364" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 6364(a)", "legal-doc": "usc", "parsable-cite": "usc/20/6364" }, { "text": "20 U.S.C. 7112", "legal-doc": "usc", "parsable-cite": "usc/20/7112" } ] }, { "text": "7. Expansion of innovative assessment demonstration authority \n(a) Expansion of authority \nSection 1204 of the Elementary and Secondary Education Act of 1965 is amended— (1) in subsection (a)(1), by striking an annual and inserting a ; (2) in subsection (b)— (A) in paragraph (2), by striking 5 years and inserting 7 years ; and (B) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking 3 years and inserting 5 years ; and (ii) in subparagraph (A), by striking a total number of not more than 7 participating State educational agencies and inserting a total number of not fewer than 20 participating State educational agencies ; (3) in subsection (e)(2)(A)— (A) in clause (x)— (i) by striking an annual, and inserting a ; (ii) by inserting assessed in a given subject in a given year after each individual student ; and (iii) by striking and at the end; (B) in clause (xi)(II), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (xii) be of equal or greater rigor to the State assessments under section 1111(b)(2). ; (4) in subsection (f)(1)(B)(i), by striking comparable to the State assessments and inserting determined by the Secretary to be of equal or greater rigor to the State assessments ; (5) in subsection (i)(3), by striking comparable to measures of academic achievement and inserting determined by the Secretary to be of equal or greater rigor to measures of academic achievement ; and (6) in subsection (m)(1)(A)(ii), by striking comparable with statewide assessments and inserting determined by the Secretary to be of equal or greater rigor to statewide assessments. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Education $100,000,000 for the fiscal year in which the date of the enactment of this Act occurs, and for each of the 4 succeeding fiscal years, to carry out section 1204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6364 ).", "id": "H739938170BFD40DFBEC57380B5E7BA9C", "header": "Expansion of innovative assessment demonstration authority", "nested": [ { "text": "(a) Expansion of authority \nSection 1204 of the Elementary and Secondary Education Act of 1965 is amended— (1) in subsection (a)(1), by striking an annual and inserting a ; (2) in subsection (b)— (A) in paragraph (2), by striking 5 years and inserting 7 years ; and (B) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking 3 years and inserting 5 years ; and (ii) in subparagraph (A), by striking a total number of not more than 7 participating State educational agencies and inserting a total number of not fewer than 20 participating State educational agencies ; (3) in subsection (e)(2)(A)— (A) in clause (x)— (i) by striking an annual, and inserting a ; (ii) by inserting assessed in a given subject in a given year after each individual student ; and (iii) by striking and at the end; (B) in clause (xi)(II), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (xii) be of equal or greater rigor to the State assessments under section 1111(b)(2). ; (4) in subsection (f)(1)(B)(i), by striking comparable to the State assessments and inserting determined by the Secretary to be of equal or greater rigor to the State assessments ; (5) in subsection (i)(3), by striking comparable to measures of academic achievement and inserting determined by the Secretary to be of equal or greater rigor to measures of academic achievement ; and (6) in subsection (m)(1)(A)(ii), by striking comparable with statewide assessments and inserting determined by the Secretary to be of equal or greater rigor to statewide assessments.", "id": "HAF60AE450E0241FFB205A8B32E282B4E", "header": "Expansion of authority", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Education $100,000,000 for the fiscal year in which the date of the enactment of this Act occurs, and for each of the 4 succeeding fiscal years, to carry out section 1204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6364 ).", "id": "HE318809B313A43D883804AF99117F8E6", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "20 U.S.C. 6364", "legal-doc": "usc", "parsable-cite": "usc/20/6364" } ] } ], "links": [ { "text": "20 U.S.C. 6364", "legal-doc": "usc", "parsable-cite": "usc/20/6364" } ] }, { "text": "8. Authorization of appropriations for local educational agency grants \nSection 1002(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6302(a) ) is amended to read as follows: (a) Local educational agency grants \nThere are authorized to be appropriated $66,000,000,000 for the fiscal year in which the date of the enactment of the More Teaching Less Testing Act of 2023 occurs, and for each of the 9 succeeding fiscal years, to carry out the activities described in part A..", "id": "H1D9A020296BB4DF88A62966CEA26B817", "header": "Authorization of appropriations for local educational agency grants", "nested": [], "links": [ { "text": "20 U.S.C. 6302(a)", "legal-doc": "usc", "parsable-cite": "usc/20/6302" } ] }, { "text": "9. Prohibition on use of ESEA funds for certain purposes \nA State receiving funds under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) may not— (1) consider the summative assessments required under section 1111(b)(2) of such Act as a sole or dominant factor when— (A) implementing grade-retention policies; (B) awarding a student a high school diploma; or (C) evaluating the performance of teachers or administrators; (2) establish a rating system for elementary schools or local educational agencies that serve such elementary schools based exclusively on the summative assessment scores of students who attend such elementary schools; or (3) establish a rating system for secondary schools or local educational agencies that serve such secondary schools based exclusively on— (A) the summative assessment scores of students that attend such secondary schools; or (B) the graduation rates of students that attend such secondary schools.", "id": "HEC1B5277415A4786BE90E66FFF17D3DD", "header": "Prohibition on use of ESEA funds for certain purposes", "nested": [], "links": [ { "text": "20 U.S.C. 6301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6301" } ] } ]
9
1. Short title This Act may be cited as the More Teaching Less Testing Act of 2023. 2. Findings Congress finds the following: (1) An overwhelming body of research evidence demonstrates that— (A) standardized testing scores are highly correlated with the socioeconomic status of a student; and (B) test-based accountability has not improved equity in public schools. (2) According to the National Education Association, there is a nationwide shortage of 300,000 teachers and school staff. (3) According to the 2022 report of the American Federation of Teachers Teacher and School Staff Shortage Task Force titled Here Today, Gone Tomorrow? , reducing the frequency of standardized testing and empowering teachers to use authentic assessments that measure what students know and can do is a critical component to addressing the nationwide teacher shortage. (4) Research published by the National Academies Press shows that summative assessments are appropriate for curriculum and in-school accountability but are not appropriate when used as a dominant factor in making high-stakes decisions and can undermine the quality of education and equality of opportunity. (5) The peer-reviewed Research in Middle Level Education Journal published a study in 2017 showing that State standardized test results are strongly influenced by non-school factors and that standardized test results cannot capture the complexities of the influence of middle level administrators may have on the lives of students. Nevertheless, the use of State standardized test results drove school administrator evaluations in more than 40 States. (6) More than 1,185 accredited, four-year colleges and universities removed ACT and SAT test score requirements for prospective applicants for the Fall 2022 semester. (7) According to a sum of mean science, reading, and mathematics scores from the OECD Programme for International Student Assessment (in this Act referred to as PISA ) results for 2018, the United States ranked 22nd out of participating countries. In mathematics, the United States ranked 36th out of the 79 participating countries and regions, which was below the international average. Throughout the high-stakes accountability era, standardized test scores in the United States have remained flat. (8) Even before the COVID–19 pandemic began, progress had stalled on the main measure of academic well-being in the United States, the National Assessment of Educational Progress (in this Act referred to as NAEP ). According to the 2019 NAEP, the average performance of American fourth-and eighth-graders in math and reading has declined since the 2017 NAEP. (9) According to the National Center for Education Statistics, students demonstrating the lowest performance in reading have made no progress since the first NAEP was conducted almost 30 years ago. (10) According to the 2015 survey from the Council of the Great City Schools titled Student Testing in America’s Great City Schools: An Inventory and Preliminary Analysis , there is no correlation between the amount of mandated testing time and the reading and mathematics scores in grades four and eight on the NAEP. (11) In the same survey from the Council of the Great City Schools, 39 percent of school districts reported having to wait between two and four months before final State test results were available at the school level, minimizing the utility of these tests for instructional purposes. (12) In 2015, a typical American student took 112 mandated standardized tests across the length of their elementary and secondary education years, including both federally mandated summative assessments and non-federally mandated summative assessments. Countries that outperform the United States on the PISA only test their students three times throughout the kindergarten through twelfth-grade years. (13) Research has shown that current testing volumes narrow curriculum to the tested topics, particularly when exams are high stakes. Other important subjects, such as art, music, finance, foreign languages, social studies, civics, and physical education are downplayed or ignored. (14) Studies show that standardized testing leads to the narrowing of instruction and classroom curriculum even within assessed subjects. (15) The negative impact of standardized testing extends to students, their families, and the economic well-being of their communities. The mass availability of school ratings based on standardized test scores has accelerated divergence in housing values, income distributions, and education levels as well as the racial and ethnic composition across communities. (16) African Americans, especially boys, are disproportionately placed or misplaced in special education, frequently based on standardized test results. (17) A reduction in the administration of and preparation for mandated summative assessments would afford more time and resources for other learning opportunities that— (A) incorporate a diverse array of high-quality assessment methods, including formative assessments embedded within instruction, performance-based assessment, and methods to assess understanding and skill development through project-based learning; and (B) promote deeper learning, positive cognitive development, and the skills needed for the 21st century workforce. 3. Sense of Congress relating to appropriate uses of summative assessments It is the sense of Congress that— (1) to support a love of learning that fosters joy, curiosity, creativity, rigor, collaborative problem solving, and the development of 21st century skills, public elementary and secondary schools need more capacity and resources for meaningful educational experiences; (2) the requirement for States to administer annual standardized tests to receive Federal funds under title I of the Elementary and Secondary Education Act of 1965 limits classroom instruction, promotes memorization over critical thinking, and prioritizes multiple choice tests over balanced assessment systems using multiple measures that promote high-quality teaching and learning; (3) a robust body of research demonstrates that the overuse of standardized testing takes a negative toll on students, teachers, and the classroom environment; (4) States should be supported in developing and implementing innovative, evidence-based, and standards-based assessment systems that support high-quality teaching and learning and the ability to meaningfully measure performance rather than using commercial assessment products that are limited to demonstrating proficiency to a standardized test; and (5) State assessment and accountability systems should— (A) focus on, not hinder, critical thinking; (B) reflect principles of reciprocity, such that identified needs and areas for growth result in the allocation of both resources and capacity building opportunities to support improvement; and (C) promote equitable opportunities for high-quality teaching and deep learning on a range of academic, socioemotional, and 21st century skills. 4. Decreasing standardized testing frequency for students in grades 3 through 12 (a) Expansion of State educational assessment options Section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended by adding at the end the following: (53) Combination testing The term combination testing means an educational assessment system in which a State administers grade-span testing using— (A) representative sampling; or (B) matrix sampling. (54) Grade-span testing The term grade-span testing means an educational assessment system in which a State administers each of the assessments described in section 1111(b)(2)(A) once during— (A) grades 3 through 5; (B) grades 6 through 9; and (C) grades 10 through 12. (55) Matrix sampling The term matrix sampling means an educational assessment administration method in which a State— (A) divides the total number of questions on an educational assessment into groups that are comprised of an equal number of questions; (B) divides the students enrolled at an elementary or secondary school who will receive such educational assessment into groups that are comprised of— (i) an equal number of students; and (ii) with respect to each subgroup of students (described in section 1111(b)(2)(B)(xi)), a number of students belonging to such subgroup that is equal to the proportion of— (I) the total number of students enrolled at such school belonging to such subgroup; to (II) the total number of students enrolled at such school; and (C) administers such groups of questions to such groups of students in a manner determined by the Secretary to be appropriate. (56) Representative sampling (A) In general The term representative sampling means an educational assessment administration method in which a State— (i) administers, in accordance with subparagraph (B), math, reading or language arts, and science assessments to a representative sample of students from a sample of public elementary and secondary schools in the State; and (ii) is able to draw from such sampling valid and reliable inferences about the performance of students— (I) in the State and in local educational agencies served by the State; and (II) in the elementary and secondary schools selected for such sampling. (B) Sample requirements A State shall ensure that— (i) each assessment described in subparagraph (A)(i) is administered to a different representative sample of students; and (ii) the composition of each such representative sample of students enables results to be disaggregated in accordance with section 1111(b)(2)(B)(xi).. (b) State discretion concerning the frequency of standardized testing Section 1111(b)(2)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B) ) is amended— (1) in clause (i)(II)— (A) by inserting , in accordance with clause (v), after administered ; and (B) by striking all ; (2) in clause (v)— (A) by amending subclause (I) to read as follows: (I) in the case of mathematics, reading or language arts, and science, be administered using— (aa) combination testing; (bb) grade-span testing; or (cc) representative sampling— (AA) not more than once in each of grades 3 through 8; and (BB) at least once in grades 9 through 12; and ; (B) by striking subclause (II); and (C) by redesignating subclause (III) as subclause (II); and (3) in clause (vii)(I), by inserting , as applicable after students. (c) Statewide accountability system Section 1111(c)(4) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(4) ) is amended— (1) in subparagraph (A)(i)(I)(aa), by striking annual ; and (2) in subclauses (I) and (II) of subparagraph (B)(i), by striking annual in each place it appears. 5. Public comment period regarding the administration of assessments for each grade Section 1111(b)(2)(L) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(L) ) is amended— (1) by striking at the sole discretion of such State and inserting following a 90-day public comment period inviting input from a broad community of local stakeholders, including educators, principals, other school leaders, parents, and primary caregivers ; and (2) by inserting , and preparation for, after administration of. 6. Establishing a taskforce to evaluate testing practices and to promote quality teaching (a) Establishment There is established a taskforce within the National Center for Education Research to be known as the Taskforce to Evaluate Testing Practices and Promote Quality Teaching (in this section referred to as the Taskforce ). (b) Duties The duties of the Taskforce shall be to— (1) identify— (A) the effect standardized test practices have on student wellness, learning, and postsecondary education success; (B) opportunities to promote in elementary and secondary schools performance-based assessment systems that are developmentally appropriate, promote experiential and project-based learning, and build technological literacy skills; (C) potential metrics of educational quality and equity that do not rely on standardized assessments, including opportunity-to-learn data; and (D) barriers that prevent elementary and secondary schools from establishing innovative assessment systems; and (2) make recommendations to address such barriers. (c) Membership (1) In general Not later than 1 year after the date of the enactment of this Act, the Commissioner for Education Research shall appoint to the Taskforce not fewer than 5, and not more than 10, members. (2) Inclusion of educational assessment experts At least 1 member shall be an individual with expertise in education assessment systems, including performance-based assessments. (3) Terms Each member shall be appointed for a term of 2 years. (4) Basic Pay Members shall each be paid at a rate equal to the rate of basic pay for level IV of the Executive Schedule. (5) Vacancies A vacancy in the Taskforce shall be filled by an appointment of a new member by the Director (as described in subsection (d)) in consultation with— (A) public elementary school teachers; (B) public secondary school teachers; (C) public school leaders; and (D) individuals representing organizations with expertise in education policy. (d) Director of Taskforce The Taskforce shall have a Director who shall be appointed by the Commissioner, in consultation with— (1) public elementary school teachers; (2) public secondary school teachers; (3) public school leaders; (4) school-based mental health services providers; and (5) individuals representing organizations with expertise in education policy. (e) Report Required Not later than 2 years after the date on which the Commissioner completes all appointments to the Taskforce required under subsection (c)(1), the Taskforce shall submit to the appropriate congressional committees a report that includes— (1) a review, disaggregated by each State, of assessments administered to students in kindergarten through grade 12 that includes— (A) a description of each summative assessment the State used, including assessments developed pursuant to the innovative assessment demonstration authority under section 1204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6364 ); (B) an estimation of the cost of administering each such assessment; (C) an estimation, for each grade, of the test administration time allocated each academic year for such assessments; (D) an estimation, for each grade, of the classroom instructional time lost each academic year while preparing students for each such assessment; and (E) a description of how each State is using data from such assessments, including whether such data is used for punitive purposes; (2) an accounting of Federal, State, and local funds paid to for-profit entities for the purpose of designing, developing, administering, and scoring summative assessments; (3) a study of the interaction between statewide summative assessment and accountability systems, as implemented as of the date of the beginning of the report required under this subsection, and the quality of teaching and learning, including— (A) the extent to which statewide summative assessments are aligned to 21st century skill development; (B) the extent to which such assessment and accountability systems lead to a narrowing of curriculum; and (C) the impact of such assessment and accountability systems on the quality of instruction and opportunities for deeper learning across a variety of subjects and skills; (4) a description of barriers that prevent schools from establishing and implementing innovative assessment systems that promote performance-based assessment; (5) recommendations to overcome such barriers; and (6) recommendations for innovative assessment systems that— (A) are created in partnership with teachers and other educators; (B) empower teachers; (C) reduce elementary and secondary school reliance upon summative assessment tools from for-profit third-party vendors; and (D) create a framework for designing a balanced assessment system that supports equitable opportunities for learning and centers students’ needs. (f) Expiration of Taskforce The Taskforce shall expire on the date that is 30 days after the date of the submission of the report required under subsection (d). (g) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committees on Appropriations of the Senate and House of Representatives; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) the Committee on Education and the Workforce of the House of Representatives. (2) ESEA terms (A) The terms elementary school , school leader , secondary school , and State have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (B) The term innovative assessment system has the meaning given such term in section 1204(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6364(a) ). (C) The term school-based mental health services provider has the meaning given such term in section 4102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7112 ). 7. Expansion of innovative assessment demonstration authority (a) Expansion of authority Section 1204 of the Elementary and Secondary Education Act of 1965 is amended— (1) in subsection (a)(1), by striking an annual and inserting a ; (2) in subsection (b)— (A) in paragraph (2), by striking 5 years and inserting 7 years ; and (B) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking 3 years and inserting 5 years ; and (ii) in subparagraph (A), by striking a total number of not more than 7 participating State educational agencies and inserting a total number of not fewer than 20 participating State educational agencies ; (3) in subsection (e)(2)(A)— (A) in clause (x)— (i) by striking an annual, and inserting a ; (ii) by inserting assessed in a given subject in a given year after each individual student ; and (iii) by striking and at the end; (B) in clause (xi)(II), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (xii) be of equal or greater rigor to the State assessments under section 1111(b)(2). ; (4) in subsection (f)(1)(B)(i), by striking comparable to the State assessments and inserting determined by the Secretary to be of equal or greater rigor to the State assessments ; (5) in subsection (i)(3), by striking comparable to measures of academic achievement and inserting determined by the Secretary to be of equal or greater rigor to measures of academic achievement ; and (6) in subsection (m)(1)(A)(ii), by striking comparable with statewide assessments and inserting determined by the Secretary to be of equal or greater rigor to statewide assessments. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary of Education $100,000,000 for the fiscal year in which the date of the enactment of this Act occurs, and for each of the 4 succeeding fiscal years, to carry out section 1204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6364 ). 8. Authorization of appropriations for local educational agency grants Section 1002(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6302(a) ) is amended to read as follows: (a) Local educational agency grants There are authorized to be appropriated $66,000,000,000 for the fiscal year in which the date of the enactment of the More Teaching Less Testing Act of 2023 occurs, and for each of the 9 succeeding fiscal years, to carry out the activities described in part A.. 9. Prohibition on use of ESEA funds for certain purposes A State receiving funds under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) may not— (1) consider the summative assessments required under section 1111(b)(2) of such Act as a sole or dominant factor when— (A) implementing grade-retention policies; (B) awarding a student a high school diploma; or (C) evaluating the performance of teachers or administrators; (2) establish a rating system for elementary schools or local educational agencies that serve such elementary schools based exclusively on the summative assessment scores of students who attend such elementary schools; or (3) establish a rating system for secondary schools or local educational agencies that serve such secondary schools based exclusively on— (A) the summative assessment scores of students that attend such secondary schools; or (B) the graduation rates of students that attend such secondary schools.
20,735
[ "Education and the Workforce Committee" ]
118hr5073ih
118
hr
5,073
ih
To amend the Internal Revenue Code of 1986 to allow intangible drilling and development costs to be taken into account when computing adjusted financial statement income.
[ { "text": "1. Short title \nThis Act may be cited as the Promoting Domestic Energy Production Act.", "id": "HD2DDEE559D8C4866AAF50A7A1553E4D1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Intangible drilling and development costs taken into account for purposes of computing adjusted financial statement income \n(a) In general \nSection 56A(c)(13) of the Internal Revenue Code of 1986 is amended— (1) by amending subparagraph (A) to read as follows: (A) reduced by— (i) depreciation deductions allowed under section 167 with respect to property to which section 168 applies to the extent of the amount allowed as deductions in computing taxable income for the year, and (ii) any deduction allowed for expenses under section 263(c) with respect to property described therein to the extent of the amount allowed as deductions in computing taxable income for the year, and , and (2) by amending subparagraph (B)(i) to read as follows: (i) to disregard any amount of— (I) depreciation expense that is taken into account on the taxpayer's applicable financial statement with respect to such property, and (II) depletion expense that is taken into account on the taxpayer’s applicable financial statement with respect to the intangible drilling and development costs of such property, and. (b) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "H8129578CFBE24031ADEBBBC6F8CB437A", "header": "Intangible drilling and development costs taken into account for purposes of computing adjusted financial statement income", "nested": [ { "text": "(a) In general \nSection 56A(c)(13) of the Internal Revenue Code of 1986 is amended— (1) by amending subparagraph (A) to read as follows: (A) reduced by— (i) depreciation deductions allowed under section 167 with respect to property to which section 168 applies to the extent of the amount allowed as deductions in computing taxable income for the year, and (ii) any deduction allowed for expenses under section 263(c) with respect to property described therein to the extent of the amount allowed as deductions in computing taxable income for the year, and , and (2) by amending subparagraph (B)(i) to read as follows: (i) to disregard any amount of— (I) depreciation expense that is taken into account on the taxpayer's applicable financial statement with respect to such property, and (II) depletion expense that is taken into account on the taxpayer’s applicable financial statement with respect to the intangible drilling and development costs of such property, and.", "id": "H7DAEB8CE7F9047B1A93E15FC8455EDAF", "header": "In general", "nested": [], "links": [ { "text": "Section 56A(c)(13)", "legal-doc": "usc", "parsable-cite": "usc/26/56A" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "HF006006FE6074149887F50E8AE9965B5", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 56A(c)(13)", "legal-doc": "usc", "parsable-cite": "usc/26/56A" } ] } ]
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1. Short title This Act may be cited as the Promoting Domestic Energy Production Act. 2. Intangible drilling and development costs taken into account for purposes of computing adjusted financial statement income (a) In general Section 56A(c)(13) of the Internal Revenue Code of 1986 is amended— (1) by amending subparagraph (A) to read as follows: (A) reduced by— (i) depreciation deductions allowed under section 167 with respect to property to which section 168 applies to the extent of the amount allowed as deductions in computing taxable income for the year, and (ii) any deduction allowed for expenses under section 263(c) with respect to property described therein to the extent of the amount allowed as deductions in computing taxable income for the year, and , and (2) by amending subparagraph (B)(i) to read as follows: (i) to disregard any amount of— (I) depreciation expense that is taken into account on the taxpayer's applicable financial statement with respect to such property, and (II) depletion expense that is taken into account on the taxpayer’s applicable financial statement with respect to the intangible drilling and development costs of such property, and. (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
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[ "Ways and Means Committee" ]