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118hr7189ih
118
hr
7,189
ih
To amend the Public Health Service Act to reauthorize a national congenital heart disease research, surveillance, and awareness program, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Congenital Heart Futures Reauthorization Act of 2024.", "id": "HC2212C0360AB48068C1CB131604677CE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reauthorization of national congenital heart disease research, surveillance, and awareness program \nSection 399V–2(g) of the Public Health Service Act ( 42 U.S.C. 280g–13(g) ) is amended by striking 2020 through 2024 and inserting 2025 through 2029.", "id": "H6EA71A66440745E28F9DAFCA01E9D50E", "header": "Reauthorization of national congenital heart disease research, surveillance, and awareness program", "nested": [], "links": [ { "text": "42 U.S.C. 280g–13(g)", "legal-doc": "usc", "parsable-cite": "usc/42/280g-13" } ] } ]
2
1. Short title This Act may be cited as the Congenital Heart Futures Reauthorization Act of 2024. 2. Reauthorization of national congenital heart disease research, surveillance, and awareness program Section 399V–2(g) of the Public Health Service Act ( 42 U.S.C. 280g–13(g) ) is amended by striking 2020 through 2024 and inserting 2025 through 2029.
351
[ "Energy and Commerce Committee" ]
118hr5588ih
118
hr
5,588
ih
To amend the Higher Education Act of 1965 to provide for deferment on the repayment of loans for borrowers who are victims of sex-based harassment, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Student Loan Deferment for Sex-Based Harassment Survivors Act.", "id": "H2C5F77649A424023B6062B652C48C776", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Deferment for victims of sex-based harassment \nSection 455(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(f) ) is amended— (1) in paragraph (2)— (A) by striking or at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ; or ; and (C) by adding at the end the following: (E) not in excess of 3 years (for 1 or more periods of not less than 3 months and not more than 12 months), beginning on the date on which the borrower— (i) ceases to carry at least one-half the normal full-time work load for the course of study that the borrower is pursuing, as determined by the eligible institution (as such term is defined in section 435(a)) the borrower is attending; and (ii) submits documentation to the Secretary showing that the borrower reported to a covered individual that the borrower was a victim of sex-based harassment (regardless of whether institutional findings were made regarding that harassment). ; and (2) by adding at the end the following: (6) Definitions regarding sex-based harassment \nFor purposes of paragraph (2)(E)— (A) the term covered individual means— (i) the title IX coordinator at the institution (within the meaning of section 106.8 of title 34, Code of Federal Regulations, or successor regulations); (ii) another title IX official or administrator at the institution; or (iii) a health care provider; and (B) the term sex-based harassment means— (i) sexual harassment, as defined in paragraph (1) or (2) of section 106.30(a) of title 34, Code of Federal Regulations (as in effect on September 30, 2023); (ii) dating violence, domestic violence, or stalking, as those terms are defined in section 485(f)(6)(A)(i); or (iii) sexual assault, as that term is defined in section 485(f)(6)(A)(v)..", "id": "H6D1F4430F77E450BAD13440209AB5837", "header": "Deferment for victims of sex-based harassment", "nested": [], "links": [ { "text": "20 U.S.C. 1087e(f)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" } ] }, { "text": "3. Return of funds waiver \nSection 484B(b)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1091b(b)(2) ) is amended by adding at the end the following: (F) Waivers of grant assistance and loan repayment by students who are victims of sex-based harassment \nIn addition to the waivers authorized by subparagraphs (D) and (E), the Secretary may waive the amounts that students are required to return under this section with respect to any grant assistance (including Federal Pell Grants) or loans made under this title if the withdrawals on which the returns are based are withdrawals by students— (i) whose attendance was interrupted due to being a victim of sex-based harassment (as such term is defined in section 455(f)(6)); and (ii) in the case of students who, in the absence of this subparagraph, would have been required to return loans made under this title, who are receiving a deferment under section 455(f)(2)(E) on such loans..", "id": "HE8834DFDD7AF4AAEA3F3FFEFEA61B26D", "header": "Return of funds waiver", "nested": [], "links": [ { "text": "20 U.S.C. 1091b(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1091b" } ] }, { "text": "4. Report to Congress \nNot later than 5 years after the date of enactment of this Act, the Secretary of Education shall prepare and submit to Congress a report that includes an evaluation of the effectiveness of the activities established under this Act, and the amendments made by this Act, including opportunities for increased program integrity.", "id": "HB59260C1F62541A59438E04EC802C874", "header": "Report to Congress", "nested": [], "links": [] } ]
4
1. Short title This Act may be cited as the Student Loan Deferment for Sex-Based Harassment Survivors Act. 2. Deferment for victims of sex-based harassment Section 455(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(f) ) is amended— (1) in paragraph (2)— (A) by striking or at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ; or ; and (C) by adding at the end the following: (E) not in excess of 3 years (for 1 or more periods of not less than 3 months and not more than 12 months), beginning on the date on which the borrower— (i) ceases to carry at least one-half the normal full-time work load for the course of study that the borrower is pursuing, as determined by the eligible institution (as such term is defined in section 435(a)) the borrower is attending; and (ii) submits documentation to the Secretary showing that the borrower reported to a covered individual that the borrower was a victim of sex-based harassment (regardless of whether institutional findings were made regarding that harassment). ; and (2) by adding at the end the following: (6) Definitions regarding sex-based harassment For purposes of paragraph (2)(E)— (A) the term covered individual means— (i) the title IX coordinator at the institution (within the meaning of section 106.8 of title 34, Code of Federal Regulations, or successor regulations); (ii) another title IX official or administrator at the institution; or (iii) a health care provider; and (B) the term sex-based harassment means— (i) sexual harassment, as defined in paragraph (1) or (2) of section 106.30(a) of title 34, Code of Federal Regulations (as in effect on September 30, 2023); (ii) dating violence, domestic violence, or stalking, as those terms are defined in section 485(f)(6)(A)(i); or (iii) sexual assault, as that term is defined in section 485(f)(6)(A)(v).. 3. Return of funds waiver Section 484B(b)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1091b(b)(2) ) is amended by adding at the end the following: (F) Waivers of grant assistance and loan repayment by students who are victims of sex-based harassment In addition to the waivers authorized by subparagraphs (D) and (E), the Secretary may waive the amounts that students are required to return under this section with respect to any grant assistance (including Federal Pell Grants) or loans made under this title if the withdrawals on which the returns are based are withdrawals by students— (i) whose attendance was interrupted due to being a victim of sex-based harassment (as such term is defined in section 455(f)(6)); and (ii) in the case of students who, in the absence of this subparagraph, would have been required to return loans made under this title, who are receiving a deferment under section 455(f)(2)(E) on such loans.. 4. Report to Congress Not later than 5 years after the date of enactment of this Act, the Secretary of Education shall prepare and submit to Congress a report that includes an evaluation of the effectiveness of the activities established under this Act, and the amendments made by this Act, including opportunities for increased program integrity.
3,177
[ "Education and the Workforce Committee" ]
118hr1630ih
118
hr
1,630
ih
To establish competitive Federal grants that will empower community colleges and minority-serving institutions to become incubators for infant and toddler child care talent, training, and access on their campuses and in their communities, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act or the PROSPECT Act.", "id": "H8DE483BF307341678E7199213316F7E6", "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. Findings. TITLE I—Establishment of infant and toddler child care leadership grants Sec. 101. Purpose. Sec. 102. Definitions. Sec. 103. Authorization of appropriations. Subtitle A—General provisions Sec. 111. Program authorized. Sec. 112. Application; selection criteria. Sec. 113. Amount, duration, and administration of grants. Subtitle B—Planning and implementation grants Sec. 121. Grants authorized. Sec. 122. Planning grants. Sec. 123. Access grants providing infant and toddler child care for community college or minority-serving institution student parents. Sec. 124. Impact grants. Sec. 125. Pipeline grants. Sec. 126. Evaluation criteria for grants. Sec. 127. Report to Congress. Sec. 128. Nondiscrimination in programs and activities. TITLE II—Child Care and Development Block Grant Program Sec. 201. Eligibility. Sec. 202. Conforming amendments. Sec. 203. Increased Federal matching payments for child care. TITLE III—Outreach regarding the dependent care allowance for Federal student aid Sec. 301. Sharing dependent care allowance information for Federal student aid.", "id": "H280E1EA002A8497E8E56A4632085EF88", "header": "Table of contents", "nested": [], "links": [] }, { "text": "3. Findings \nCongress finds the following: (1) A child’s brain grows at a faster rate between birth and age 3 than at any later point in the child's lifetime. (2) Decades of research shows that children under age 3 that receive quality child care are more likely to have the behavioral, cognitive, and language skills development necessary for success in school, college, and life. (3) According to a 2018 survey, 83 percent of parents with a child under age 5 responded that finding quality, affordable child care was a serious problem in their area. (4) In 2017, on average, center-based child care for an infant cost 61 percent more than for a preschooler, over $11,000 annually per child, and in 28 States, more than the cost of public college tuition. (5) In the 2015–2016 academic year, approximately 4,300,000 postsecondary education students were raising children while in college, and over half of those students had children preschool-aged or younger. (6) According to a 2016 survey, 95 percent of child care centers at 2-year and 4-year colleges across the United States had a waiting list, with the average list containing 82 children. (7) Student parents were 20 percent more likely to leave college without a degree than students without children. (8) The Child Care Access Means Parents in School Federal Grant program under subpart 7 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070e et seq. ) helps over 3,300 students at institutions of higher education afford child care each year, but this program impacts just 0.5 percent of the entire student parent population, and many institutions of higher education do not open their subsidized child care programs to children under age 3. (9) The share of community colleges and 4-year institutions of higher education with on-campus child care has been in decline. Community colleges saw a 10 percent decrease in the number of campuses with child care between 2002 and 2017. (10) Student parents are more likely to be enrolled at community colleges and minority-serving institutions than other institutions of higher education. Over a quarter of all community college students are parents, and in the 2015–2016 academic year, 40 percent of Black women attending college were parents, 3 times the rate for White male college students. (11) Community colleges and minority-serving institutions lead the higher education sector in educating infant and toddler child care providers, especially child care providers of color, so they are the optimal actors for driving quality infant and toddler child care access in their regions.", "id": "HB022143711044EC59E873A47E20C65C5", "header": "Findings", "nested": [], "links": [ { "text": "20 U.S.C. 1070e et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1070e" } ] }, { "text": "101. Purpose \nThe purposes of this title are to expand access to infant and toddler child care for children of students at public community colleges and at minority-serving institutions and to grow, diversify, and strengthen the workforce pipeline of highly effective infant and toddler child care providers, especially in communities of color and infant and toddler child care deserts.", "id": "H5AE87573B25B4433BDF0550BC21EDE05", "header": "Purpose", "nested": [], "links": [] }, { "text": "102. Definitions \nIn this title: (1) Community college \nThe term community college means a public institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), that provides an educational program of not less than 2 years that culminates in an associate degree and is acceptable for full credit toward a baccalaureate degree. (2) Community college or minority-serving institution student parent \nThe term community college or minority-serving institution student parent means an individual who— (A) is a parent or legal guardian of a child who qualifies for infant and toddler child care; and (B) is a full-time or part-time student at a community college or minority-serving institution participating in an eligible entity. (3) Culturally responsive teaching \nThe term culturally responsive teaching means teaching— (A) using the cultural characteristics, experiences, and perspectives of ethnically diverse students as conduits for teaching them more effectively; and (B) based on understanding the influences of race, culture, and ethnicity in teaching and learning and using the cultural experiences and contributions of different ethnic groups as instrumental tools for teaching academic and social knowledge and skills. (4) Drop-in \nThe term drop-in , when used with respect to child care— (A) means child care that— (i) does not require prescheduling a definite number of scheduled days or hours per week; or (ii) is short term, such as less than 5 hours per day; and (B) includes child care described in subparagraph (A) that requires parents to provide 24-hour notice before using the child care or provides child care subject to availability. (5) Dual language learner \nThe term dual language learner means a child who— (A) is acquiring 2 or more languages at the same time; or (B) is learning a second language while continuing to develop the child’s first language, including a child who may also be identified by a State or locality as bilingual or limited English proficient or as an English language learner, an English learner, or a child who speaks a language other than English. (6) Early childhood educator preparation program \nThe term early childhood educator preparation program means a postsecondary course of study that— (A) is designed to prepare individuals to teach in early childhood settings serving children between birth and age 5; and (B) leads to a degree (including an associate's, bachelor's, or graduate degree) or a State or nationally recognized credential enabling individuals to teach in early childhood settings, including a child development associate credential or a State teaching license. (7) Eligible entity \nThe term eligible entity means— (A) a community college; (B) a minority-serving institution; or (C) a consortium of 2 or more community colleges or minority-serving institutions. (8) Flex infant and toddler child care \nThe term flex infant and toddler child care means infant and toddler child care for which a child is registered to attend weekly, but for a total of less than five days per week. (9) High school \nThe term high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (10) Infant and toddler child care \nThe term infant and toddler child care means child care for children who are under the age of 3 as of the first day of the academic year of the applicable community college or minority-serving institution. (11) Infant and toddler child care desert \nThe term infant and toddler child care desert means a community that the State or tribal entity involved determines has a low supply of quality, affordable infant and toddler child care. (12) Infant or toddler with a disability \nThe term infant or toddler with a disability has the meaning given the term in section 632 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1432 ). (13) Low-income \nThe term low-income means an individual from a family with an income at or below 150 percent of the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved. (14) Minority-serving institution \nThe term minority-serving institution means an institution described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (15) Nontraditional hours \nThe term nontraditional hours means— (A) the hours before 9 a.m. and after 4 p.m.; and (B) any hours during weekends, breaks during the academic year, and holidays. (16) On-campus \nThe term on-campus , when used with respect to a childcare center, means a childcare center that is located on the campus of a community college or minority-serving institution. (17) Secretary \nThe term Secretary means the Secretary of Education. (18) Service area \nThe term service area , when used with respect to an eligible entity, means the area served by the eligible entity. (19) State \nThe term State has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ).", "id": "H762BE8E17D2F4EBB85FDC925AF54AAE2", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1001(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 1432", "legal-doc": "usc", "parsable-cite": "usc/20/1432" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" } ] }, { "text": "103. Authorization of appropriations \nThere is authorized to be appropriated to carry out this title a total of $9,000,000,000 for fiscal years 2024 through 2028.", "id": "H000F6F5443EE4FF3A4F1BC1614C43C77", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "111. Program authorized \n(a) In general \nFrom amounts made available under section 103, the Secretary shall award to eligible entities— (1) planning grants under section 122; (2) access grants under section 123, which will provide free high-quality child care for as many as 500,000 infants and toddlers who have a community college or minority-serving institution student parent, helping to reduce barriers that impact the ability of community college or minority-serving institution student parents attending community college or a minority-serving institution to graduate, and reducing their postgraduation debt; (3) impact grants under section 124, which will expand the supply and quality of child care in the community by providing training, mentorship, technical support, and expansion funding to new and existing child care providers in the service area of the eligible entity; and (4) pipeline grants under section 125, which will fund eligible entities to— (A) launch and expand early childhood educator preparation programs; and (B) form strategic partnerships with regional institutions to expand, diversify, and strengthen the workforce pipeline for infant and toddler care providers. (b) Administration \nIn administering this title, the Secretary shall— (1) consult with the Secretary of Health and Human Services with respect to all grants carried out under this Act; and (2) consult with the Administrator of the Small Business Administration with respect to impact grants carried out under section 124.", "id": "H013A4217C6A444ABB0693F8B23709A30", "header": "Program authorized", "nested": [ { "text": "(a) In general \nFrom amounts made available under section 103, the Secretary shall award to eligible entities— (1) planning grants under section 122; (2) access grants under section 123, which will provide free high-quality child care for as many as 500,000 infants and toddlers who have a community college or minority-serving institution student parent, helping to reduce barriers that impact the ability of community college or minority-serving institution student parents attending community college or a minority-serving institution to graduate, and reducing their postgraduation debt; (3) impact grants under section 124, which will expand the supply and quality of child care in the community by providing training, mentorship, technical support, and expansion funding to new and existing child care providers in the service area of the eligible entity; and (4) pipeline grants under section 125, which will fund eligible entities to— (A) launch and expand early childhood educator preparation programs; and (B) form strategic partnerships with regional institutions to expand, diversify, and strengthen the workforce pipeline for infant and toddler care providers.", "id": "H072A3EA522A848539CD7312D931CC932", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Administration \nIn administering this title, the Secretary shall— (1) consult with the Secretary of Health and Human Services with respect to all grants carried out under this Act; and (2) consult with the Administrator of the Small Business Administration with respect to impact grants carried out under section 124.", "id": "H9003C05846FD48E48F47F5A571A945E1", "header": "Administration", "nested": [], "links": [] } ], "links": [] }, { "text": "112. Application; selection criteria \n(a) Application \n(1) In general \nAn eligible entity desiring a grant under subtitle B shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents \nAn application submitted under paragraph (1) shall include— (A) a landscape review on the need for infant and toddler child care within the current and prospective student populations of the eligible entity and in the broader service area of the eligible entity, with an emphasis on community college or minority-serving institution student parents in communities of color and low-income parents; (B) a landscape review of the infant and toddler care workforce within the service area of the eligible entity; (C) a high-level vision (which, in the case of an eligible entity desiring a planning grant under section 122, will be clarified and adjusted through the needs assessment and activities carried out under the grant) for how to leverage 1 or more access, impact, or pipeline grants under subtitle B to enhance access and quality in the infant and toddler child care landscape of the service area of the eligible entity; (D) a description of how the eligible entity will advance child development (including social and emotional development), family engagement, and culturally responsive and linguistically responsive pedagogy for infant and toddler child care within its child care center or early childhood education programs (as applicable), through professional development, required coursework, or targeted outreach and enrollment; (E) an assurance that the eligible entity will submit annual reports that document how funds were allocated and the impact of the grant; (F) a commitment that wages for child care staff at each on-campus child care center of a participating community college or minority-serving institution during the grant period shall be— (i) comparable to wages for elementary educators with similar credentials and experience in the State; and (ii) at a minimum, at a rate that is enough to provide a living wage for all child care staff; and (G) in the case of an impact, access, or pipeline grant under subtitle B, an assurance that the eligible entity will continue to convene and consult an infant and toddler care committee described in section 122(a)(1). (b) Selection criteria \n(1) In general \nThe Secretary shall award grants under subtitle B on a competitive basis, in accordance with the priorities described in paragraph (2), and in a manner that supports eligible entities that— (A) enroll a high percentage of students who are eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) and who have children under age 3; (B) are located within or in the immediate vicinity of an infant and toddler child care desert; or (C) have a clear and compelling plan for— (i) in the case of a planning grant under section 122, carrying out the activities of the planning grant; (ii) in the case of an access grant under section 123, expanding access to free infant and toddler child care for community college or minority-serving institution student parents; (iii) in the case of an impact grant under section 124, expanding the supply and quality of child care in the community by providing training, mentorship, technical support, and startup funding, in collaboration with existing child care agencies and organizations; or (iv) in the case of a pipeline grant under section 125, growing and strengthening the workforce pipeline of highly effective infant and toddler child care providers, especially such providers serving infant and toddler child care deserts, by expanding early childhood education programs or upgrading an on-campus child care center into a lab school. (2) Priorities in awarding grants \nIn awarding grants under subtitle B, the Secretary shall, to the extent practicable based on the strength of the applications and the availability of appropriations— (A) first, ensure that not less than 80 percent of the funds appropriated for grants under subtitle B are awarded to eligible entities that are eligible institutions, as defined in section 312(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(b) ); (B) second, ensure that not less than 1 eligible entity in each State is awarded a grant; and (C) third, provide special consideration to applications described in paragraph (3). (3) Additional consideration and funding \nIn awarding grants under subtitle B and subject to paragraph (2), the Secretary shall provide special consideration, and may provide additional funding as needed, including funding to exceed the limits described in section 113(a), for— (A) applications for access grants under section 123 that will provide— (i) infant and toddler child care for children of all ages between birth and age 3; (ii) infant and toddler child care available during nontraditional hours; (iii) infant and toddler child care that has the supports and staffing needed for children who are dual language learners; (iv) infant and toddler child care that has the supports and staffing needed for children in need of trauma-informed care and infants and toddlers with disabilities, which may include providing training for infant and toddler child care staff to support the needs of infants and toddlers with disabilities or coordinating with service providers to deliver services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ; 1431 et seq.); and (v) child care and aftercare for children age 3 and older, especially for children that age out of the infant and toddler child care program supported under this title, and for siblings of children enrolled in campus-sponsored infant and toddler care; and (B) applications for pipeline grants under section 125 that propose to— (i) develop and teach courses on culturally responsive and linguistically responsive teaching in early childhood education; and (ii) develop and teach courses on supporting infants and toddlers with disabilities who are under age 3. (c) Prerequisites for access, impact, and pipeline grants \nAn eligible entity shall receive and timely complete all requirements of a planning grant under section 122 before receiving an access, impact, or pipeline grant under section 123, 124, or 125.", "id": "H376D4923176E40F8A2D34EDCBA69CE9E", "header": "Application; selection criteria", "nested": [ { "text": "(a) Application \n(1) In general \nAn eligible entity desiring a grant under subtitle B shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents \nAn application submitted under paragraph (1) shall include— (A) a landscape review on the need for infant and toddler child care within the current and prospective student populations of the eligible entity and in the broader service area of the eligible entity, with an emphasis on community college or minority-serving institution student parents in communities of color and low-income parents; (B) a landscape review of the infant and toddler care workforce within the service area of the eligible entity; (C) a high-level vision (which, in the case of an eligible entity desiring a planning grant under section 122, will be clarified and adjusted through the needs assessment and activities carried out under the grant) for how to leverage 1 or more access, impact, or pipeline grants under subtitle B to enhance access and quality in the infant and toddler child care landscape of the service area of the eligible entity; (D) a description of how the eligible entity will advance child development (including social and emotional development), family engagement, and culturally responsive and linguistically responsive pedagogy for infant and toddler child care within its child care center or early childhood education programs (as applicable), through professional development, required coursework, or targeted outreach and enrollment; (E) an assurance that the eligible entity will submit annual reports that document how funds were allocated and the impact of the grant; (F) a commitment that wages for child care staff at each on-campus child care center of a participating community college or minority-serving institution during the grant period shall be— (i) comparable to wages for elementary educators with similar credentials and experience in the State; and (ii) at a minimum, at a rate that is enough to provide a living wage for all child care staff; and (G) in the case of an impact, access, or pipeline grant under subtitle B, an assurance that the eligible entity will continue to convene and consult an infant and toddler care committee described in section 122(a)(1).", "id": "H80D20889A0854241869DF0B30C0A1470", "header": "Application", "nested": [], "links": [] }, { "text": "(b) Selection criteria \n(1) In general \nThe Secretary shall award grants under subtitle B on a competitive basis, in accordance with the priorities described in paragraph (2), and in a manner that supports eligible entities that— (A) enroll a high percentage of students who are eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) and who have children under age 3; (B) are located within or in the immediate vicinity of an infant and toddler child care desert; or (C) have a clear and compelling plan for— (i) in the case of a planning grant under section 122, carrying out the activities of the planning grant; (ii) in the case of an access grant under section 123, expanding access to free infant and toddler child care for community college or minority-serving institution student parents; (iii) in the case of an impact grant under section 124, expanding the supply and quality of child care in the community by providing training, mentorship, technical support, and startup funding, in collaboration with existing child care agencies and organizations; or (iv) in the case of a pipeline grant under section 125, growing and strengthening the workforce pipeline of highly effective infant and toddler child care providers, especially such providers serving infant and toddler child care deserts, by expanding early childhood education programs or upgrading an on-campus child care center into a lab school. (2) Priorities in awarding grants \nIn awarding grants under subtitle B, the Secretary shall, to the extent practicable based on the strength of the applications and the availability of appropriations— (A) first, ensure that not less than 80 percent of the funds appropriated for grants under subtitle B are awarded to eligible entities that are eligible institutions, as defined in section 312(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(b) ); (B) second, ensure that not less than 1 eligible entity in each State is awarded a grant; and (C) third, provide special consideration to applications described in paragraph (3). (3) Additional consideration and funding \nIn awarding grants under subtitle B and subject to paragraph (2), the Secretary shall provide special consideration, and may provide additional funding as needed, including funding to exceed the limits described in section 113(a), for— (A) applications for access grants under section 123 that will provide— (i) infant and toddler child care for children of all ages between birth and age 3; (ii) infant and toddler child care available during nontraditional hours; (iii) infant and toddler child care that has the supports and staffing needed for children who are dual language learners; (iv) infant and toddler child care that has the supports and staffing needed for children in need of trauma-informed care and infants and toddlers with disabilities, which may include providing training for infant and toddler child care staff to support the needs of infants and toddlers with disabilities or coordinating with service providers to deliver services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ; 1431 et seq.); and (v) child care and aftercare for children age 3 and older, especially for children that age out of the infant and toddler child care program supported under this title, and for siblings of children enrolled in campus-sponsored infant and toddler care; and (B) applications for pipeline grants under section 125 that propose to— (i) develop and teach courses on culturally responsive and linguistically responsive teaching in early childhood education; and (ii) develop and teach courses on supporting infants and toddlers with disabilities who are under age 3.", "id": "HD564732440F949C7B07E3189078400ED", "header": "Selection criteria", "nested": [], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1058(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1058" }, { "text": "20 U.S.C. 1419", "legal-doc": "usc", "parsable-cite": "usc/20/1419" } ] }, { "text": "(c) Prerequisites for access, impact, and pipeline grants \nAn eligible entity shall receive and timely complete all requirements of a planning grant under section 122 before receiving an access, impact, or pipeline grant under section 123, 124, or 125.", "id": "H9F23DD2BE90543649039BE7D520606BE", "header": "Prerequisites for access, impact, and pipeline grants", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1058(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1058" }, { "text": "20 U.S.C. 1419", "legal-doc": "usc", "parsable-cite": "usc/20/1419" } ] }, { "text": "113. Amount, duration, and administration of grants \n(a) Amount of grants \nEach grant awarded under subtitle B to an eligible entity shall be in an amount of— (1) in the case of a grant awarded to an individual community college or minority-serving institution, not more than $20,000,000; and (2) in the case of a grant to a consortium of community colleges or minority-serving institutions, not more than $220,000,000. (b) Duration of grants \nA grant awarded under subtitle B shall be for a period of 4 years, except that a planning grant awarded under section 122 shall be for a period of 1 year. (c) Number of grants \n(1) Planning grants \nNo eligible entity shall receive more than 1 planning grant under section 122. (2) Impact, access, and pipeline grants \nAn eligible entity may receive multiple grants under sections 123, 124, and 125, including 2 or more grants under different sections for the same grant period or for overlapping grant periods. (d) Annual grant competitions \nThe Secretary shall conduct annual grant competitions for the grants under subtitle B. (e) Rule of construction \nNothing in this title shall be construed to limit any program or grant established under any other Federal law, including the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), or the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ).", "id": "H27270E1CC6034090BD53F407A2E2CF76", "header": "Amount, duration, and administration of grants", "nested": [ { "text": "(a) Amount of grants \nEach grant awarded under subtitle B to an eligible entity shall be in an amount of— (1) in the case of a grant awarded to an individual community college or minority-serving institution, not more than $20,000,000; and (2) in the case of a grant to a consortium of community colleges or minority-serving institutions, not more than $220,000,000.", "id": "H7B4ED3B2F4E34F16A7F6554EDA5555A8", "header": "Amount of grants", "nested": [], "links": [] }, { "text": "(b) Duration of grants \nA grant awarded under subtitle B shall be for a period of 4 years, except that a planning grant awarded under section 122 shall be for a period of 1 year.", "id": "HDD9FD8734CE84BB0A34FCE5133C6EEC4", "header": "Duration of grants", "nested": [], "links": [] }, { "text": "(c) Number of grants \n(1) Planning grants \nNo eligible entity shall receive more than 1 planning grant under section 122. (2) Impact, access, and pipeline grants \nAn eligible entity may receive multiple grants under sections 123, 124, and 125, including 2 or more grants under different sections for the same grant period or for overlapping grant periods.", "id": "H146C9EFDFF954A1295F4D13BF7548208", "header": "Number of grants", "nested": [], "links": [] }, { "text": "(d) Annual grant competitions \nThe Secretary shall conduct annual grant competitions for the grants under subtitle B.", "id": "H3CDC156015734B78851B1286411E12B2", "header": "Annual grant competitions", "nested": [], "links": [] }, { "text": "(e) Rule of construction \nNothing in this title shall be construed to limit any program or grant established under any other Federal law, including the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), or the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ).", "id": "HA8EDB893759A45D59F97F05357EBE855", "header": "Rule of construction", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 6301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6301" }, { "text": "20 U.S.C. 1400 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1400" } ] } ], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 6301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6301" }, { "text": "20 U.S.C. 1400 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1400" } ] }, { "text": "121. Grants authorized \nFrom amounts made available under section 103, the Secretary shall award to eligible entities— (1) planning grants under section 122, to enable the eligible entities to assess the infant and toddler care needs of current and prospective community college or minority-serving institution student parents and the surrounding community and develop a detailed proposal to address such needs; (2) access grants under section 123, which will provide free high-quality child care for up to 500,000 children under the age of 3 of community college or minority-serving institution student parents, helping to reduce barriers that impact the ability of community college or minority-serving institution student parents to graduate, and reducing their postgraduation debt; (3) impact grants under section 124, which will expand the supply and quality of child care in the community by providing training, mentorship, technical support, and expansion funding to new and existing child care providers in the service area of the eligible entities; and (4) pipeline grants under section 125, which will fund eligible entities to— (A) launch and expand early childhood educator preparation programs; and (B) form strategic partnerships with regional institutions to expand, diversify, and strengthen the workforce pipeline for infant and toddler child care providers.", "id": "H269D5934895545A0810B30B932B55FE8", "header": "Grants authorized", "nested": [], "links": [] }, { "text": "122. Planning grants \n(a) Use of funds \nAn eligible entity receiving a grant under this section shall use grant funds to— (1) establish an infant and toddler child care committee that is reflective and inclusive of the community being served and composed of members who are— (A) student parents at the participating community college or minority-serving institution; (B) faculty of any participating community college or minority-serving institution; (C) representatives of a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) serving the service area of the eligible entity; (D) where applicable, a local public charter school provider; (E) representatives of a local child care resource and referral agency; and (F) infant and toddler child care professionals (such as representatives from a local Head Start or Early Head Start program, home-based infant and toddler child care providers, and child care providers with expertise working with infants or toddlers with disabilities); (2) conduct an infant and toddler child care needs assessment of current and prospective community college or minority-serving institution student parents, the infant and toddler child care workforce, and the service area of the eligible entity, that includes information on the level of need for— (A) infant and toddler child care during nontraditional hours; (B) 3-year-old child care, toddler care, and infant care; (C) care for infants and toddlers with disabilities; (D) care for children from households that speak a language other than English; and (E) child care in specific communities, especially infant and toddler child care deserts; (3) begin research, outreach, and planning for expanding access to free infant and toddler child care for community college or minority-serving institution student parents, which may include drafting a delivery agreement with infant and toddler child care providers in the community to provide infant and toddler child care to community college or minority-serving institution student parents; and (4) develop a detailed proposal, with a focus on the needs of parents of children under age 3, to address those needs, which may include applying for an impact, access, or pipeline grant under section 123, 124, or 125. (b) Reporting requirements \nNot later than 30 days after the end of a grant period under this section, the eligible entity that received the grant shall prepare and submit a report to the Secretary that includes— (1) the results of the needs assessment conducted under subsection (a)(2); (2) the detailed proposal developed under subsection (a)(4); and (3) in the case of an eligible entity that desires an impact, access, or pipeline grant under section 123, 124, or 125, an application for the grant.", "id": "HBCA969A066634D22B238916ECE606A4D", "header": "Planning grants", "nested": [ { "text": "(a) Use of funds \nAn eligible entity receiving a grant under this section shall use grant funds to— (1) establish an infant and toddler child care committee that is reflective and inclusive of the community being served and composed of members who are— (A) student parents at the participating community college or minority-serving institution; (B) faculty of any participating community college or minority-serving institution; (C) representatives of a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) serving the service area of the eligible entity; (D) where applicable, a local public charter school provider; (E) representatives of a local child care resource and referral agency; and (F) infant and toddler child care professionals (such as representatives from a local Head Start or Early Head Start program, home-based infant and toddler child care providers, and child care providers with expertise working with infants or toddlers with disabilities); (2) conduct an infant and toddler child care needs assessment of current and prospective community college or minority-serving institution student parents, the infant and toddler child care workforce, and the service area of the eligible entity, that includes information on the level of need for— (A) infant and toddler child care during nontraditional hours; (B) 3-year-old child care, toddler care, and infant care; (C) care for infants and toddlers with disabilities; (D) care for children from households that speak a language other than English; and (E) child care in specific communities, especially infant and toddler child care deserts; (3) begin research, outreach, and planning for expanding access to free infant and toddler child care for community college or minority-serving institution student parents, which may include drafting a delivery agreement with infant and toddler child care providers in the community to provide infant and toddler child care to community college or minority-serving institution student parents; and (4) develop a detailed proposal, with a focus on the needs of parents of children under age 3, to address those needs, which may include applying for an impact, access, or pipeline grant under section 123, 124, or 125.", "id": "HD462368AF28C42B292D819DE904EF7A9", "header": "Use of funds", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "(b) Reporting requirements \nNot later than 30 days after the end of a grant period under this section, the eligible entity that received the grant shall prepare and submit a report to the Secretary that includes— (1) the results of the needs assessment conducted under subsection (a)(2); (2) the detailed proposal developed under subsection (a)(4); and (3) in the case of an eligible entity that desires an impact, access, or pipeline grant under section 123, 124, or 125, an application for the grant.", "id": "H8930C83C53594C0B915DF7DE33354CBA", "header": "Reporting requirements", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "123. Access grants providing infant and toddler child care for community college or minority-serving institution student parents \n(a) Use of grants \nAn eligible entity receiving a grant under this section shall use grant funds to expand access to free infant and toddler child care for community college or minority-serving institution student parents by carrying out 1 or more of the following: (1) Paying the infant and toddler child care costs of community college or minority-serving institution student parents at an on-campus child care center, State licensed off-campus child care center, or State licensed or registered home-based child care provider. (2) (A) Operating an on-campus child care center that provides infant and toddler child care; or (B) contracting with a child care provider that is operating 1 or more child care centers (as of the date of the contract) to operate an on-campus child care center that provides infant and toddler child care. (3) Coordinating with local child care resource and referral agencies for services such as helping community college or minority-serving institution student parents find infant and toddler child care. (4) Expanding the resources for existing on-campus child care centers, as of the date of the application for the grant, by— (A) expanding the space of the center for infant and toddler child care; (B) purchasing equipment to be used for infant and toddler child care; or (C) hiring staff to accommodate additional children under the age of 3. (5) Lengthening the hours of an existing on-campus infant and toddler child care center or keeping the on-campus infant and toddler child care center open during breaks (including summer). (6) Establishing capacity for drop-in infant and toddler child care or flex infant and toddler child care for the children of community college or minority-serving institution student parents. (7) Renovating campus facilities to allow for the operation of an on-campus child care center that— (A) satisfies the standards that apply to alterations or (as applicable) new construction under title II or III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. , 12181 et seq.), as the case may be; and (B) (i) meets a high-quality standard, according to a State quality rating and improvement system or the standards applicable to an Early Head Start program under the Head Start Act ( 42 U.S.C. 9831 et seq. ); or (ii) is accredited through the National Association for the Education of Young Children or another organization of similar expertise, as determined by the Secretary. (b) Requirements of on-Campus child care centers \nIn order for an on-campus child care center of a community college or minority-serving institution participating in an eligible entity to be supported with funds from a grant under this section, the on-campus child care center shall meet the following requirements: (1) The child care center shall be licensed by the State and shall meet a high-quality standard described in subsection (a)(7)(B)(i) or be accredited in accordance with subsection (a)(7)(B)(ii). (2) Children of community college or minority-serving institution student parents shall receive priority enrollment in the child care center, with priority going first to low-income community college or minority-serving institution student parents, although dependents of faculty and staff of the community college or minority-serving institution and community members may be enrolled once the enrollment needs of all requesting community college or minority-serving institution student parents are fulfilled. (3) The child care center shall provide infant and toddler child care to children of community college or minority-serving institution student parents, without regard as to whether the parent is a full-time or part-time student. (4) Not less than 85 percent of the community college or minority-serving institution student parents using the on-campus child care center for infant and toddler child care shall be eligible to receive Federal Pell Grants under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), except that the Secretary may grant a waiver from this requirement if the Secretary determines necessary. (5) The child care center shall provide drop-in infant and toddler child care for community college and minority-serving institution student parents and may not impose minimum enrollment requirements for children of community college or minority-serving institution student parents. The Secretary shall promulgate regulations that specify the percentage of infant and toddler child care slots that must be reserved for drop-in infant and toddler child care under this paragraph. (6) The child care center— (A) shall provide infant and toddler child care for children under the age of 3 (as of the first day of the academic year of the community college or minority-serving institution supporting the child care center) of community college and minority-serving institution student parents for free; (B) may charge faculty and staff of the community college or minority institution and community members fees, using a sliding scale based on family income, to enroll their children in the child care center; and (C) shall comply with the suspension and expulsion performance standard for Head Start programs under section 1302.17 of title 45, Code of Federal Regulations, or any successor standard. (7) (A) The child care center shall maintain a continuity of care for the children of parents who— (i) were community college or minority-serving institution student parents during any reasonable or unavoidable break in the parents' enrollment; or (ii) transferred from a community college to a 4-year minority-serving institution during the student's enrollment at the 4-year institution. (B) The child care center may charge a parent described in subparagraph (A) a fee for the child care services provided during the period when the parent is not enrolled in the community college or minority-serving institution, using a sliding scale based on family income during this period, as long as the fee does not exceed 7 percent of the family's income. (8) The child care center shall pay its child care staff a wage that— (A) is comparable to wages for elementary educators with similar credentials and experience in the State; and (B) at a minimum, provides a living wage for all child care staff of the child care center; and (9) The child care center, if not a child care provider covered by subsection (c) of section 658H of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f ), shall comply with that section in the same manner and to the same extent as such a child care provider, with respect to background checks for child care staff members (including prospective child care staff members) for the center. (c) Consultation and reports \n(1) Consultation \nAn eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reports \nAn eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of community college or minority-serving institution student parents that received access to State licensed or registered child care because of the grant, in the aggregate and disaggregated by age, gender, race and ethnicity, family income, disability status, and full-time or part-time enrollment status in the community college or minority-serving institution; (B) the number of children under age 3 enrolled in each on-campus child care center supported under the grant, disaggregated by age, gender, disability status, marital status of parents, and race and ethnicity; (C) for each on-campus child care center supported under the grant, the number of suspensions of children enrolled in the child care center, in the aggregate and disaggregated by race and ethnicity, gender, and disability status; (D) the demographics, including race, ethnicity, and gender of the staff and leadership of all child care centers supported under the grant; (E) the most frequent times of the day and days of the week, and the average number of hours per week, that on-campus child care centers were used by community college or minority-serving institution student parents, and the child care hours per week provided to community college or minority-serving institution student parents, disaggregated by child care provided at nontraditional hours and traditional daytime, weekday child care; (F) semester-to-semester persistence and fall-to-fall persistence rates of community college or minority-serving institution student parents with children enrolled in infant and toddler child care sponsored by the community college or minority-serving institution, compared to the persistence rate of community college or minority-serving institution student parents with children under 3 who are not enrolled in community college or minority-serving institution sponsored child care— (i) collected in accordance with regulations promulgated by the Secretary; and (ii) in the aggregate and disaggregated as described in subparagraph (A) and by the age of the children of the community college or minority-serving institution students; (G) the degree or certificate completion rate of community college minority-serving institution student parents with children enrolled in child care that is sponsored by the community college or minority-serving institution and is not infant and toddler child care, in the aggregate and disaggregated as described in such subparagraph and by the age of the children of the community college or minority-serving institution student parents; and (H) if grant funds are used to renovate campus facilities under subsection (a)(7), proof of the on-campus child care center's compliance with the standards that apply to alterations or (as applicable) new construction under title II or III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. , 12181 et seq.), as the case may be. (3) Cross-tabulation \nIn each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in subparagraphs (A), (B), (C), and (F)(ii) of such paragraph cross-tabulated by, at a minimum, gender, disability status, and each major racial and ethnic group, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual community college or minority-serving institution student parent or child enrolled in the child care center; (B) does not include a number of individuals in any subgroup of community college or minority-serving institution student parents or children enrolled in the child care center that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). (d) Definition \nIn subsection (b)(9), the term child care staff member means an individual— (1) who is employed by a child care center covered by subsection (b) for compensation; or (2) whose activities involve the care or supervision of children for, or unsupervised access to children who are cared for or supervised by, such a child care center.", "id": "H93866E552AE04CBD8DB8ED826312E23C", "header": "Access grants providing infant and toddler child care for community college or minority-serving institution student parents", "nested": [ { "text": "(a) Use of grants \nAn eligible entity receiving a grant under this section shall use grant funds to expand access to free infant and toddler child care for community college or minority-serving institution student parents by carrying out 1 or more of the following: (1) Paying the infant and toddler child care costs of community college or minority-serving institution student parents at an on-campus child care center, State licensed off-campus child care center, or State licensed or registered home-based child care provider. (2) (A) Operating an on-campus child care center that provides infant and toddler child care; or (B) contracting with a child care provider that is operating 1 or more child care centers (as of the date of the contract) to operate an on-campus child care center that provides infant and toddler child care. (3) Coordinating with local child care resource and referral agencies for services such as helping community college or minority-serving institution student parents find infant and toddler child care. (4) Expanding the resources for existing on-campus child care centers, as of the date of the application for the grant, by— (A) expanding the space of the center for infant and toddler child care; (B) purchasing equipment to be used for infant and toddler child care; or (C) hiring staff to accommodate additional children under the age of 3. (5) Lengthening the hours of an existing on-campus infant and toddler child care center or keeping the on-campus infant and toddler child care center open during breaks (including summer). (6) Establishing capacity for drop-in infant and toddler child care or flex infant and toddler child care for the children of community college or minority-serving institution student parents. (7) Renovating campus facilities to allow for the operation of an on-campus child care center that— (A) satisfies the standards that apply to alterations or (as applicable) new construction under title II or III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. , 12181 et seq.), as the case may be; and (B) (i) meets a high-quality standard, according to a State quality rating and improvement system or the standards applicable to an Early Head Start program under the Head Start Act ( 42 U.S.C. 9831 et seq. ); or (ii) is accredited through the National Association for the Education of Young Children or another organization of similar expertise, as determined by the Secretary.", "id": "H87892456C5D64E6382E7487F73C3C2C6", "header": "Use of grants", "nested": [], "links": [ { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "42 U.S.C. 9831 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9831" } ] }, { "text": "(b) Requirements of on-Campus child care centers \nIn order for an on-campus child care center of a community college or minority-serving institution participating in an eligible entity to be supported with funds from a grant under this section, the on-campus child care center shall meet the following requirements: (1) The child care center shall be licensed by the State and shall meet a high-quality standard described in subsection (a)(7)(B)(i) or be accredited in accordance with subsection (a)(7)(B)(ii). (2) Children of community college or minority-serving institution student parents shall receive priority enrollment in the child care center, with priority going first to low-income community college or minority-serving institution student parents, although dependents of faculty and staff of the community college or minority-serving institution and community members may be enrolled once the enrollment needs of all requesting community college or minority-serving institution student parents are fulfilled. (3) The child care center shall provide infant and toddler child care to children of community college or minority-serving institution student parents, without regard as to whether the parent is a full-time or part-time student. (4) Not less than 85 percent of the community college or minority-serving institution student parents using the on-campus child care center for infant and toddler child care shall be eligible to receive Federal Pell Grants under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), except that the Secretary may grant a waiver from this requirement if the Secretary determines necessary. (5) The child care center shall provide drop-in infant and toddler child care for community college and minority-serving institution student parents and may not impose minimum enrollment requirements for children of community college or minority-serving institution student parents. The Secretary shall promulgate regulations that specify the percentage of infant and toddler child care slots that must be reserved for drop-in infant and toddler child care under this paragraph. (6) The child care center— (A) shall provide infant and toddler child care for children under the age of 3 (as of the first day of the academic year of the community college or minority-serving institution supporting the child care center) of community college and minority-serving institution student parents for free; (B) may charge faculty and staff of the community college or minority institution and community members fees, using a sliding scale based on family income, to enroll their children in the child care center; and (C) shall comply with the suspension and expulsion performance standard for Head Start programs under section 1302.17 of title 45, Code of Federal Regulations, or any successor standard. (7) (A) The child care center shall maintain a continuity of care for the children of parents who— (i) were community college or minority-serving institution student parents during any reasonable or unavoidable break in the parents' enrollment; or (ii) transferred from a community college to a 4-year minority-serving institution during the student's enrollment at the 4-year institution. (B) The child care center may charge a parent described in subparagraph (A) a fee for the child care services provided during the period when the parent is not enrolled in the community college or minority-serving institution, using a sliding scale based on family income during this period, as long as the fee does not exceed 7 percent of the family's income. (8) The child care center shall pay its child care staff a wage that— (A) is comparable to wages for elementary educators with similar credentials and experience in the State; and (B) at a minimum, provides a living wage for all child care staff of the child care center; and (9) The child care center, if not a child care provider covered by subsection (c) of section 658H of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f ), shall comply with that section in the same manner and to the same extent as such a child care provider, with respect to background checks for child care staff members (including prospective child care staff members) for the center.", "id": "H56374AB757CA41858C88E34DD84F45CD", "header": "Requirements of on-Campus child care centers", "nested": [], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "42 U.S.C. 9858f", "legal-doc": "usc", "parsable-cite": "usc/42/9858f" } ] }, { "text": "(c) Consultation and reports \n(1) Consultation \nAn eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reports \nAn eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of community college or minority-serving institution student parents that received access to State licensed or registered child care because of the grant, in the aggregate and disaggregated by age, gender, race and ethnicity, family income, disability status, and full-time or part-time enrollment status in the community college or minority-serving institution; (B) the number of children under age 3 enrolled in each on-campus child care center supported under the grant, disaggregated by age, gender, disability status, marital status of parents, and race and ethnicity; (C) for each on-campus child care center supported under the grant, the number of suspensions of children enrolled in the child care center, in the aggregate and disaggregated by race and ethnicity, gender, and disability status; (D) the demographics, including race, ethnicity, and gender of the staff and leadership of all child care centers supported under the grant; (E) the most frequent times of the day and days of the week, and the average number of hours per week, that on-campus child care centers were used by community college or minority-serving institution student parents, and the child care hours per week provided to community college or minority-serving institution student parents, disaggregated by child care provided at nontraditional hours and traditional daytime, weekday child care; (F) semester-to-semester persistence and fall-to-fall persistence rates of community college or minority-serving institution student parents with children enrolled in infant and toddler child care sponsored by the community college or minority-serving institution, compared to the persistence rate of community college or minority-serving institution student parents with children under 3 who are not enrolled in community college or minority-serving institution sponsored child care— (i) collected in accordance with regulations promulgated by the Secretary; and (ii) in the aggregate and disaggregated as described in subparagraph (A) and by the age of the children of the community college or minority-serving institution students; (G) the degree or certificate completion rate of community college minority-serving institution student parents with children enrolled in child care that is sponsored by the community college or minority-serving institution and is not infant and toddler child care, in the aggregate and disaggregated as described in such subparagraph and by the age of the children of the community college or minority-serving institution student parents; and (H) if grant funds are used to renovate campus facilities under subsection (a)(7), proof of the on-campus child care center's compliance with the standards that apply to alterations or (as applicable) new construction under title II or III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. , 12181 et seq.), as the case may be. (3) Cross-tabulation \nIn each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in subparagraphs (A), (B), (C), and (F)(ii) of such paragraph cross-tabulated by, at a minimum, gender, disability status, and each major racial and ethnic group, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual community college or minority-serving institution student parent or child enrolled in the child care center; (B) does not include a number of individuals in any subgroup of community college or minority-serving institution student parents or children enrolled in the child care center that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ).", "id": "HC96E3D3DCF104E20924B2ECA69C688E1", "header": "Consultation and reports", "nested": [], "links": [ { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "(d) Definition \nIn subsection (b)(9), the term child care staff member means an individual— (1) who is employed by a child care center covered by subsection (b) for compensation; or (2) whose activities involve the care or supervision of children for, or unsupervised access to children who are cared for or supervised by, such a child care center.", "id": "HAF21B9A18AA94685AC6997C9828C24BA", "header": "Definition", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "42 U.S.C. 9831 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9831" }, { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "42 U.S.C. 9858f", "legal-doc": "usc", "parsable-cite": "usc/42/9858f" }, { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "124. Impact grants \n(a) Use of funds \nGrants awarded under this section shall be used by eligible entities to expand the supply and quality of child care in the community by providing training, mentorship, technical support, and startup funding, in collaboration with existing (as of the date of application for the grant) child care agencies and organizations, through carrying out 1 or more of the following activities: (1) Contracting with local child care resource and referral organizations to support onsite technical assistance for child care providers, and training, mentorships, and business technical assistance related to existing (as of the date of the grant) or new start-up child care programs. (2) Contracting with local child care resource and referral organizations to provide staffed family child care networks, such as a hub that supports a group of home-based care providers to promote high-quality care. (3) Establishing a network of child care providers in the community, or partnering with an existing, as of the date of application, provider or network (such as an Early Head Start program operating in the community) to facilitate provider access to training, coaching, mentorship, licensure, technical support, and expansion funding. (4) Developing content for training for community child care providers (including home-based providers and unlicensed providers) on strong child care business practices and other supports and training the providers may require. (5) Compensating qualified individuals to deliver training for community members on providing high-quality child care. (6) Awarding microenterprise grants for State licensed, qualified early childhood education professionals, State licensed child care centers, and State licensed or registered home-based child care providers to open a child care program that provides infant and toddler child care, or to expand infant and toddler child care (including expanding access to serve infants or toddlers with disabilities) at a child care program in areas with low access to affordable, quality infant and toddler child care. (7) Developing and communicating clear pathways for community child care providers and current and prospective students of infant and toddler child care education, particularly individuals with low incomes and from historically underrepresented groups, to take advantage of professional development, certificate, and associate degree offerings, for the purpose of advancing their skills and careers. (8) Prioritizing child care programs, pathways, and resources in communities of color and low-income communities. (9) Developing and delivering child care professional development and courses in languages other than English. (b) Rule regarding professional development \nIf an eligible entity elects to use grant funds under this section for professional development, the eligible entity shall ensure that— (1) a portion of the professional development is open, available, and easily accessible to unlicensed child care providers and a portion of the professional development is available to State licensed or registered child care providers; and (2) not more than 30 percent of the funds provided through the grant under this section are allocated toward professional development. (c) Consultation and reports \n(1) Consultation \nAn eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) and the lead agency for the applicable State designated under section 658D of the Child Care Development and Block Grant Act of 1990 ( 42 U.S.C. 9858b ) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reports \nAn eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of child care providers that attended child care professional development sessions coordinated by the eligible entity under the grant, and the type of training received; (B) (i) the number of child care providers fluent in a language other than English that received professional development through the grant, including the number of such child care providers reached through the development and delivery of coursework in languages other than English; and (ii) the number of such child care providers that received professional development through the grant and graduated with an infant toddler credential, a child development associate credential, or associate degree related to early childhood development; (C) the number of community colleges or minority-serving institutions that joined or established networks of child care providers; (D) the number of State licensed child care spots created for children under 3 as a result of the training or microenterprise grants provided, in the aggregate and disaggregated by location in an infant and toddler child care desert, location in a community of color, and, for recipients of microenterprise grants under subsection (a)(6), race, ethnicity, and gender of recipient; (E) the number of participants in mentorship programs supported under the grant, in the aggregate and disaggregated by race, ethnicity, and gender; and (F) the number of community child care providers receiving technical support from the on-campus child care center or network or the child care resource and referral agency under the grant. (3) Cross-tabulation \nIn each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in paragraph (2)(E) cross-tabulated by, at a minimum, gender and each major racial and ethnic group, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual participant in a mentorship program; (B) does not include a number of individuals in any subgroup of mentorship program participants that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ).", "id": "H8BA8F8DB1BD84930AEA67D823BE7DC7A", "header": "Impact grants", "nested": [ { "text": "(a) Use of funds \nGrants awarded under this section shall be used by eligible entities to expand the supply and quality of child care in the community by providing training, mentorship, technical support, and startup funding, in collaboration with existing (as of the date of application for the grant) child care agencies and organizations, through carrying out 1 or more of the following activities: (1) Contracting with local child care resource and referral organizations to support onsite technical assistance for child care providers, and training, mentorships, and business technical assistance related to existing (as of the date of the grant) or new start-up child care programs. (2) Contracting with local child care resource and referral organizations to provide staffed family child care networks, such as a hub that supports a group of home-based care providers to promote high-quality care. (3) Establishing a network of child care providers in the community, or partnering with an existing, as of the date of application, provider or network (such as an Early Head Start program operating in the community) to facilitate provider access to training, coaching, mentorship, licensure, technical support, and expansion funding. (4) Developing content for training for community child care providers (including home-based providers and unlicensed providers) on strong child care business practices and other supports and training the providers may require. (5) Compensating qualified individuals to deliver training for community members on providing high-quality child care. (6) Awarding microenterprise grants for State licensed, qualified early childhood education professionals, State licensed child care centers, and State licensed or registered home-based child care providers to open a child care program that provides infant and toddler child care, or to expand infant and toddler child care (including expanding access to serve infants or toddlers with disabilities) at a child care program in areas with low access to affordable, quality infant and toddler child care. (7) Developing and communicating clear pathways for community child care providers and current and prospective students of infant and toddler child care education, particularly individuals with low incomes and from historically underrepresented groups, to take advantage of professional development, certificate, and associate degree offerings, for the purpose of advancing their skills and careers. (8) Prioritizing child care programs, pathways, and resources in communities of color and low-income communities. (9) Developing and delivering child care professional development and courses in languages other than English.", "id": "H6F80DE0A822243A5A9E81625CD107B92", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(b) Rule regarding professional development \nIf an eligible entity elects to use grant funds under this section for professional development, the eligible entity shall ensure that— (1) a portion of the professional development is open, available, and easily accessible to unlicensed child care providers and a portion of the professional development is available to State licensed or registered child care providers; and (2) not more than 30 percent of the funds provided through the grant under this section are allocated toward professional development.", "id": "H6E03AC50ACDA462C82854B56422F82D2", "header": "Rule regarding professional development", "nested": [], "links": [] }, { "text": "(c) Consultation and reports \n(1) Consultation \nAn eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) and the lead agency for the applicable State designated under section 658D of the Child Care Development and Block Grant Act of 1990 ( 42 U.S.C. 9858b ) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reports \nAn eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of child care providers that attended child care professional development sessions coordinated by the eligible entity under the grant, and the type of training received; (B) (i) the number of child care providers fluent in a language other than English that received professional development through the grant, including the number of such child care providers reached through the development and delivery of coursework in languages other than English; and (ii) the number of such child care providers that received professional development through the grant and graduated with an infant toddler credential, a child development associate credential, or associate degree related to early childhood development; (C) the number of community colleges or minority-serving institutions that joined or established networks of child care providers; (D) the number of State licensed child care spots created for children under 3 as a result of the training or microenterprise grants provided, in the aggregate and disaggregated by location in an infant and toddler child care desert, location in a community of color, and, for recipients of microenterprise grants under subsection (a)(6), race, ethnicity, and gender of recipient; (E) the number of participants in mentorship programs supported under the grant, in the aggregate and disaggregated by race, ethnicity, and gender; and (F) the number of community child care providers receiving technical support from the on-campus child care center or network or the child care resource and referral agency under the grant. (3) Cross-tabulation \nIn each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in paragraph (2)(E) cross-tabulated by, at a minimum, gender and each major racial and ethnic group, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual participant in a mentorship program; (B) does not include a number of individuals in any subgroup of mentorship program participants that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ).", "id": "H3352757CA71842A6B21A8391067A1A19", "header": "Consultation and reports", "nested": [], "links": [ { "text": "42 U.S.C. 9858b", "legal-doc": "usc", "parsable-cite": "usc/42/9858b" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] } ], "links": [ { "text": "42 U.S.C. 9858b", "legal-doc": "usc", "parsable-cite": "usc/42/9858b" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "125. Pipeline grants \n(a) Use of funds \nGrants awarded under this section shall be used by eligible entities to grow and strengthen the workforce pipeline of highly effective infant and toddler child care providers, especially such providers serving infant and toddler child care deserts, through carrying out 1 or more of the following activities: (1) Establishing— (A) an associate degree program that includes not less than 2 courses specifically on infants and toddlers; or (B) a stackable child development associate credential, infant toddler credential, or early childhood education certificate, that can be incorporated into a higher-level credential or certificate. (2) Hiring faculty to adopt and teach previously developed competency-based high-quality infant-toddler courses, or to develop and teach infant-toddler courses, which may include courses required for an infant or toddler care certificate, such as courses on child growth and development, the physical and nutritional needs of children, communicating with families, language development, child mental health, supporting infants and toddlers with disabilities, and effective interactions with children. (3) Developing and executing a plan for increased coordination between an early childhood educator preparation program of a participating community college or minority-serving institution and an on-campus child care center of the community college or minority-serving institution, to enhance the quality of both the child care and the early childhood educator preparation program. (4) Creating or enhancing a partnership between a participating community college and a 4-year degree-granting institution, to support and coordinate associate degree programs or provide for articulation agreements in early childhood education with related baccalaureate degree programs. (5) Upgrading an on-campus child care center into a child care lab school for the purpose of facilitating early childhood educator preparation program practicum work, which may include installing one-way observation windows or live-feed cameras. (6) Awarding microgrants to students in early childhood educator preparation programs for tuition, books, transportation, permitting or licensing fees, apprenticeships, and time spent doing practicum work. (7) Developing and teaching courses on culturally responsive teaching in early childhood education. (8) Forming partnerships with local public high schools to establish early childhood education career and technical education programs, including programs that lead to a degree or credential or provide opportunities for students to enter the community college or minority-serving institution with postsecondary credits that can be counted towards an early childhood education certificate, credential, or degree. (b) Consultation and reports \n(1) Consultation \nAn eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reporting requirements \nAn eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of students that enrolled in early childhood educator preparation programs due to the support provided by the grant, in the aggregate and disaggregated by credential or degree type of the program and by age, gender, race or ethnic group, ability to speak a second language, family income level, disability status, and full-time or part-time student status; (B) the amount of funds allocated to early childhood educator preparation program students through microgrants under this section, in the aggregate and disaggregated by usage of funds and by demographics of the students receiving the microgrants, including age, gender, race or ethnic group, second language ability, parent status, family income level, disability status, and full-time or part-time student status; (C) the persistence, retention, and completion rates of students receiving the microgrants, as compared to such rates for students not receiving the microgrants; (D) the number of students dual-enrolled in high school and a community college or minority-serving institution early childhood educator preparation program; (E) the number of students that completed degrees, certificates, or credentials in dual-enrollment programs, in the aggregate and disaggregated by degree, certificate, and credential type; and (F) the details of any partnerships or articulation agreements established with local public high schools or local 4-year degree-granting institutions of higher education. (3) Cross-tabulation \nIn each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in subparagraphs (A) and (B) of such paragraph cross-tabulated by, at a minimum, gender, each major racial and ethnic group, and disability status, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual student; (B) does not include a number of individuals in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ).", "id": "H203A1477D8BF406490A09E16D62833EF", "header": "Pipeline grants", "nested": [ { "text": "(a) Use of funds \nGrants awarded under this section shall be used by eligible entities to grow and strengthen the workforce pipeline of highly effective infant and toddler child care providers, especially such providers serving infant and toddler child care deserts, through carrying out 1 or more of the following activities: (1) Establishing— (A) an associate degree program that includes not less than 2 courses specifically on infants and toddlers; or (B) a stackable child development associate credential, infant toddler credential, or early childhood education certificate, that can be incorporated into a higher-level credential or certificate. (2) Hiring faculty to adopt and teach previously developed competency-based high-quality infant-toddler courses, or to develop and teach infant-toddler courses, which may include courses required for an infant or toddler care certificate, such as courses on child growth and development, the physical and nutritional needs of children, communicating with families, language development, child mental health, supporting infants and toddlers with disabilities, and effective interactions with children. (3) Developing and executing a plan for increased coordination between an early childhood educator preparation program of a participating community college or minority-serving institution and an on-campus child care center of the community college or minority-serving institution, to enhance the quality of both the child care and the early childhood educator preparation program. (4) Creating or enhancing a partnership between a participating community college and a 4-year degree-granting institution, to support and coordinate associate degree programs or provide for articulation agreements in early childhood education with related baccalaureate degree programs. (5) Upgrading an on-campus child care center into a child care lab school for the purpose of facilitating early childhood educator preparation program practicum work, which may include installing one-way observation windows or live-feed cameras. (6) Awarding microgrants to students in early childhood educator preparation programs for tuition, books, transportation, permitting or licensing fees, apprenticeships, and time spent doing practicum work. (7) Developing and teaching courses on culturally responsive teaching in early childhood education. (8) Forming partnerships with local public high schools to establish early childhood education career and technical education programs, including programs that lead to a degree or credential or provide opportunities for students to enter the community college or minority-serving institution with postsecondary credits that can be counted towards an early childhood education certificate, credential, or degree.", "id": "H1A237E1E60EA4C5B990162B43CE05F65", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(b) Consultation and reports \n(1) Consultation \nAn eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reporting requirements \nAn eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of students that enrolled in early childhood educator preparation programs due to the support provided by the grant, in the aggregate and disaggregated by credential or degree type of the program and by age, gender, race or ethnic group, ability to speak a second language, family income level, disability status, and full-time or part-time student status; (B) the amount of funds allocated to early childhood educator preparation program students through microgrants under this section, in the aggregate and disaggregated by usage of funds and by demographics of the students receiving the microgrants, including age, gender, race or ethnic group, second language ability, parent status, family income level, disability status, and full-time or part-time student status; (C) the persistence, retention, and completion rates of students receiving the microgrants, as compared to such rates for students not receiving the microgrants; (D) the number of students dual-enrolled in high school and a community college or minority-serving institution early childhood educator preparation program; (E) the number of students that completed degrees, certificates, or credentials in dual-enrollment programs, in the aggregate and disaggregated by degree, certificate, and credential type; and (F) the details of any partnerships or articulation agreements established with local public high schools or local 4-year degree-granting institutions of higher education. (3) Cross-tabulation \nIn each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in subparagraphs (A) and (B) of such paragraph cross-tabulated by, at a minimum, gender, each major racial and ethnic group, and disability status, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual student; (B) does not include a number of individuals in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ).", "id": "H645A920557AC4AF6A801BCBC647665F0", "header": "Consultation and reports", "nested": [], "links": [ { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] } ], "links": [ { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "126. Evaluation criteria for grants \nFor each year of the grant program under this title, the Secretary shall evaluate the effectiveness of grants under chapter 1. Each evaluation shall include the following criteria: (1) For access grants awarded under section 123— (A) the number of community college or minority-serving institution student parents that received access to licensed or registered infant and toddler child care due to the grant, in the aggregate and disaggregated by age, gender, race or ethnic group, family income level, disability status, marital status, and full-time or part-time student status; (B) the most frequent times, and the average number of hours per week, that on-campus child care centers were used by community college or minority-serving institution student parents; (C) semester-to-semester persistence and fall-to-fall persistence rates of community college or minority-serving institution student parents with children enrolled in infant or toddler child care sponsored by the community college or minority-serving institution, compared to such rate for students with children not enrolled in the community college or minority-serving institution child care program, in the aggregate and disaggregated by the categories described in subparagraph (A); and (D) degree and certificate completion rate of community college or minority-serving institution student parents with children enrolled in child care sponsored by the community college or minority-serving institution, compared to such rate for students with children not enrolled in such a sponsored child care program, in the aggregate and disaggregated by the categories described in subparagraph (A). (2) For impact grants awarded under section 124— (A) the number of attendees for the child care professional development sessions coordinated by the eligible entity under the grants; (B) the number of community colleges or minority-serving institutions that joined or established networks of child care providers as a result of the grants; (C) the number of State licensed child care spots created for children under 3 in infant and toddler child care deserts and communities of color that were established as a result of microenterprise grants supported under section 124(a)(6); and (D) the number of child care providers fluent in a language other than English that received professional development under the grants. (3) For pipeline grants under section 125— (A) the number of early childhood educator preparation programs that were established with funding under the grants; (B) the number of existing early childhood educator preparation programs that expanded course, certificate, or degree offerings as a result of funding under the grants; (C) the number of students that enrolled in early childhood educator preparation programs because of funding provided under the grants, in the aggregate and disaggregated by— (i) type of degree or credential; and (ii) student age, gender, race or ethnic group, second language ability, family income level, disability status, and status as enrolled full- or part-time; (D) the amount of funds allocated to early childhood educator preparation program students through microgrants supported under section 125(a)(6), in the aggregate and disaggregated by— (i) category of usage of funds; and (ii) the categories described in subparagraph (C)(ii); (E) persistence, retention, and completion rates of students receiving such microgrants, as compared to students not receiving microgrants; (F) the number of new early childhood educator preparation program partnerships formed between community colleges or minority-serving institutions and area high schools as a result of the grants; (G) the number of students dual-enrolled in high school and community college early childhood educator preparation programs as a result of the grants; and (H) the number of students that completed a degree or credential in a dual-enrollment program as a result of the grants, in the aggregate and disaggregated by degree or credential.", "id": "H97F04CBC47FD47669ED1DFDB351C35E4", "header": "Evaluation criteria for grants", "nested": [], "links": [] }, { "text": "127. Report to Congress \nThe Secretary shall prepare and submit to Congress an annual report on the grant program under this title that includes— (1) the results from the most recent evaluation under section 126; and (2) information regarding the progress made by the grants based on the most recent reports submitted under sections 122(b), 123(c), 124(c), and 125(b).", "id": "HCC176A644D5343259ED46AC622E61CBA", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "128. Nondiscrimination in programs and activities \n(a) Nondiscrimination \nNo person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex (which includes sexual orientation, gender identity, pregnancy, childbirth, medical conditions related to pregnancy or childbirth, or sex stereotypes), or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded, in whole or in part, with funds made available under this title or with amounts appropriated for grants, contracts, or certificates similar to a child care certificate as defined in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ), administered with such funds. (b) Enforcement \nSubsection (a) shall be enforced in the same manner and by the same means, as if such subsection was incorporated in title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), and as if a violation of subsection (a) was treated as if it was a violation of section 601 of such Act ( 42 U.S.C. 2000d ). (c) Rule of construction \nNothing in this section shall be construed to alter or change any provisions of section 658N of the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858l ).", "id": "H6EA2DFD4595E40999FD441F75CE9C75D", "header": "Nondiscrimination in programs and activities", "nested": [ { "text": "(a) Nondiscrimination \nNo person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex (which includes sexual orientation, gender identity, pregnancy, childbirth, medical conditions related to pregnancy or childbirth, or sex stereotypes), or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded, in whole or in part, with funds made available under this title or with amounts appropriated for grants, contracts, or certificates similar to a child care certificate as defined in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ), administered with such funds.", "id": "HB024860A740A48C390F13132B636349B", "header": "Nondiscrimination", "nested": [], "links": [ { "text": "42 U.S.C. 9858n", "legal-doc": "usc", "parsable-cite": "usc/42/9858n" } ] }, { "text": "(b) Enforcement \nSubsection (a) shall be enforced in the same manner and by the same means, as if such subsection was incorporated in title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), and as if a violation of subsection (a) was treated as if it was a violation of section 601 of such Act ( 42 U.S.C. 2000d ).", "id": "H9A87004BD4F940B2BF6DED91292C0AED", "header": "Enforcement", "nested": [], "links": [ { "text": "42 U.S.C. 2000d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" }, { "text": "42 U.S.C. 2000d", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" } ] }, { "text": "(c) Rule of construction \nNothing in this section shall be construed to alter or change any provisions of section 658N of the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858l ).", "id": "H4A0224D7B32B46C78C21E41447954DB7", "header": "Rule of construction", "nested": [], "links": [ { "text": "42 U.S.C. 9858l", "legal-doc": "usc", "parsable-cite": "usc/42/9858l" } ] } ], "links": [ { "text": "42 U.S.C. 9858n", "legal-doc": "usc", "parsable-cite": "usc/42/9858n" }, { "text": "42 U.S.C. 2000d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" }, { "text": "42 U.S.C. 2000d", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" }, { "text": "42 U.S.C. 9858l", "legal-doc": "usc", "parsable-cite": "usc/42/9858l" } ] }, { "text": "201. Eligibility \n(a) In general \nSection 658P(4)(C)(i) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n(4)(C)(i) ) is amended by striking job training or educational program and inserting job training or educational program (which may be a program of study at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), a program of secondary education, or a program of study leading to the recognized equivalent of a secondary school diploma). (b) Plan requirements \nSection 658E(c)(2) of such Act ( 42 U.S.C. 9858c(c)(2) ) is amended by adding at the end the following: (W) Eligibility standards \nThe plan shall contain an assurance that the State will not use any requirement for the eligibility of a child under this subchapter that is more restrictive than the requirements of (including regulations issued under) this subchapter, such as a family income standard, or a work, training, or education standard, that is more restrictive than the standards specified in section 658P(4)..", "id": "HFDA38A55CF3B4FCE9608B030E82DCE1A", "header": "Eligibility", "nested": [ { "text": "(a) In general \nSection 658P(4)(C)(i) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n(4)(C)(i) ) is amended by striking job training or educational program and inserting job training or educational program (which may be a program of study at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), a program of secondary education, or a program of study leading to the recognized equivalent of a secondary school diploma).", "id": "H7EB7FED7848744349F3F05B545632388", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 9858n(4)(C)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/9858n" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "(b) Plan requirements \nSection 658E(c)(2) of such Act ( 42 U.S.C. 9858c(c)(2) ) is amended by adding at the end the following: (W) Eligibility standards \nThe plan shall contain an assurance that the State will not use any requirement for the eligibility of a child under this subchapter that is more restrictive than the requirements of (including regulations issued under) this subchapter, such as a family income standard, or a work, training, or education standard, that is more restrictive than the standards specified in section 658P(4)..", "id": "H2B4FF6E8DEC544B5B4E2A4920DBB0276", "header": "Plan requirements", "nested": [], "links": [ { "text": "42 U.S.C. 9858c(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9858c" } ] } ], "links": [ { "text": "42 U.S.C. 9858n(4)(C)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/9858n" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "42 U.S.C. 9858c(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9858c" } ] }, { "text": "202. Conforming amendments \nSection 658H(c) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f(c) ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting or a child care center covered by section 123(b) of the Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act before if such ; and (2) in paragraph (2), by inserting , including a child care center covered by section 123(b) of the Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act , before shall be ineligible.", "id": "H90594B74DFD743C38D1ACB2A70D6F0E1", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 9858f(c)", "legal-doc": "usc", "parsable-cite": "usc/42/9858f" } ] }, { "text": "203. Increased Federal matching payments for child care \nSection 418(a)(2)(C) of the Social Security Act ( 42 U.S.C. 618(a)(2)(C) ) is amended to read as follows: (C) Federal matching of state expenditures \nThe Secretary shall pay to each eligible State for a fiscal year an amount equal to the lesser of— (i) the State's allotment under subparagraph (B); or (ii) the sum of— (I) in the case of a State that provides payments for child care assistance for infants and toddlers (within the meaning of section 658G of the Child Care and Development Block Grant Act of 1990) at not less than 75 percent of the market rates, based on the most recent market rate survey conducted under section 658E(c)(4)(B) of that Act or using an alternative methodology, such as a cost estimation model, that has been developed by the State lead agency and approved by the Administration for Children and Families, taking into account the geographic area, type of child care, and age of the child, 90 percent of the State's expenditures for such assistance; and (II) the amount equal to the Federal medical assistance percentage that applies to the State for the fiscal year under section 1905(b) (without regard to any adjustments to such percentage applicable under that section or any other provision of law) of so much of the State's expenditures for child care in that fiscal year for children other than infants and toddlers..", "id": "HD971BB8CB5B146CCB3083D0B94256C01", "header": "Increased Federal matching payments for child care", "nested": [], "links": [ { "text": "42 U.S.C. 618(a)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/618" } ] }, { "text": "301. Sharing dependent care allowance information for Federal student aid \nSection 132(h)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(h)(4) ) is amended— (1) in the paragraph heading, by inserting and information after Disclaimer ; (2) in subparagraph (B), by striking and after the semicolon; (3) in subparagraph (C), by striking the period and inserting ; and ; and (4) by adding at the end the following: (D) explaining— (i) that a student with a dependent may be eligible to include a dependent care allowance described in section 471(a)(8) in the student's cost of attendance; (ii) the effect that a dependent care allowance may have on the amount of financial aid available to the student from the institution; and (iii) how to apply for the dependent care allowance..", "id": "H87CF769D316440D3BBEEFB9FBC4974AB", "header": "Sharing dependent care allowance information for Federal student aid", "nested": [], "links": [ { "text": "20 U.S.C. 1015a(h)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1015a" } ] } ]
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1. Short title This Act may be cited as the Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act or the PROSPECT 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. Findings. TITLE I—Establishment of infant and toddler child care leadership grants Sec. 101. Purpose. Sec. 102. Definitions. Sec. 103. Authorization of appropriations. Subtitle A—General provisions Sec. 111. Program authorized. Sec. 112. Application; selection criteria. Sec. 113. Amount, duration, and administration of grants. Subtitle B—Planning and implementation grants Sec. 121. Grants authorized. Sec. 122. Planning grants. Sec. 123. Access grants providing infant and toddler child care for community college or minority-serving institution student parents. Sec. 124. Impact grants. Sec. 125. Pipeline grants. Sec. 126. Evaluation criteria for grants. Sec. 127. Report to Congress. Sec. 128. Nondiscrimination in programs and activities. TITLE II—Child Care and Development Block Grant Program Sec. 201. Eligibility. Sec. 202. Conforming amendments. Sec. 203. Increased Federal matching payments for child care. TITLE III—Outreach regarding the dependent care allowance for Federal student aid Sec. 301. Sharing dependent care allowance information for Federal student aid. 3. Findings Congress finds the following: (1) A child’s brain grows at a faster rate between birth and age 3 than at any later point in the child's lifetime. (2) Decades of research shows that children under age 3 that receive quality child care are more likely to have the behavioral, cognitive, and language skills development necessary for success in school, college, and life. (3) According to a 2018 survey, 83 percent of parents with a child under age 5 responded that finding quality, affordable child care was a serious problem in their area. (4) In 2017, on average, center-based child care for an infant cost 61 percent more than for a preschooler, over $11,000 annually per child, and in 28 States, more than the cost of public college tuition. (5) In the 2015–2016 academic year, approximately 4,300,000 postsecondary education students were raising children while in college, and over half of those students had children preschool-aged or younger. (6) According to a 2016 survey, 95 percent of child care centers at 2-year and 4-year colleges across the United States had a waiting list, with the average list containing 82 children. (7) Student parents were 20 percent more likely to leave college without a degree than students without children. (8) The Child Care Access Means Parents in School Federal Grant program under subpart 7 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070e et seq. ) helps over 3,300 students at institutions of higher education afford child care each year, but this program impacts just 0.5 percent of the entire student parent population, and many institutions of higher education do not open their subsidized child care programs to children under age 3. (9) The share of community colleges and 4-year institutions of higher education with on-campus child care has been in decline. Community colleges saw a 10 percent decrease in the number of campuses with child care between 2002 and 2017. (10) Student parents are more likely to be enrolled at community colleges and minority-serving institutions than other institutions of higher education. Over a quarter of all community college students are parents, and in the 2015–2016 academic year, 40 percent of Black women attending college were parents, 3 times the rate for White male college students. (11) Community colleges and minority-serving institutions lead the higher education sector in educating infant and toddler child care providers, especially child care providers of color, so they are the optimal actors for driving quality infant and toddler child care access in their regions. 101. Purpose The purposes of this title are to expand access to infant and toddler child care for children of students at public community colleges and at minority-serving institutions and to grow, diversify, and strengthen the workforce pipeline of highly effective infant and toddler child care providers, especially in communities of color and infant and toddler child care deserts. 102. Definitions In this title: (1) Community college The term community college means a public institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), that provides an educational program of not less than 2 years that culminates in an associate degree and is acceptable for full credit toward a baccalaureate degree. (2) Community college or minority-serving institution student parent The term community college or minority-serving institution student parent means an individual who— (A) is a parent or legal guardian of a child who qualifies for infant and toddler child care; and (B) is a full-time or part-time student at a community college or minority-serving institution participating in an eligible entity. (3) Culturally responsive teaching The term culturally responsive teaching means teaching— (A) using the cultural characteristics, experiences, and perspectives of ethnically diverse students as conduits for teaching them more effectively; and (B) based on understanding the influences of race, culture, and ethnicity in teaching and learning and using the cultural experiences and contributions of different ethnic groups as instrumental tools for teaching academic and social knowledge and skills. (4) Drop-in The term drop-in , when used with respect to child care— (A) means child care that— (i) does not require prescheduling a definite number of scheduled days or hours per week; or (ii) is short term, such as less than 5 hours per day; and (B) includes child care described in subparagraph (A) that requires parents to provide 24-hour notice before using the child care or provides child care subject to availability. (5) Dual language learner The term dual language learner means a child who— (A) is acquiring 2 or more languages at the same time; or (B) is learning a second language while continuing to develop the child’s first language, including a child who may also be identified by a State or locality as bilingual or limited English proficient or as an English language learner, an English learner, or a child who speaks a language other than English. (6) Early childhood educator preparation program The term early childhood educator preparation program means a postsecondary course of study that— (A) is designed to prepare individuals to teach in early childhood settings serving children between birth and age 5; and (B) leads to a degree (including an associate's, bachelor's, or graduate degree) or a State or nationally recognized credential enabling individuals to teach in early childhood settings, including a child development associate credential or a State teaching license. (7) Eligible entity The term eligible entity means— (A) a community college; (B) a minority-serving institution; or (C) a consortium of 2 or more community colleges or minority-serving institutions. (8) Flex infant and toddler child care The term flex infant and toddler child care means infant and toddler child care for which a child is registered to attend weekly, but for a total of less than five days per week. (9) High school The term high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (10) Infant and toddler child care The term infant and toddler child care means child care for children who are under the age of 3 as of the first day of the academic year of the applicable community college or minority-serving institution. (11) Infant and toddler child care desert The term infant and toddler child care desert means a community that the State or tribal entity involved determines has a low supply of quality, affordable infant and toddler child care. (12) Infant or toddler with a disability The term infant or toddler with a disability has the meaning given the term in section 632 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1432 ). (13) Low-income The term low-income means an individual from a family with an income at or below 150 percent of the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved. (14) Minority-serving institution The term minority-serving institution means an institution described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (15) Nontraditional hours The term nontraditional hours means— (A) the hours before 9 a.m. and after 4 p.m.; and (B) any hours during weekends, breaks during the academic year, and holidays. (16) On-campus The term on-campus , when used with respect to a childcare center, means a childcare center that is located on the campus of a community college or minority-serving institution. (17) Secretary The term Secretary means the Secretary of Education. (18) Service area The term service area , when used with respect to an eligible entity, means the area served by the eligible entity. (19) State The term State has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). 103. Authorization of appropriations There is authorized to be appropriated to carry out this title a total of $9,000,000,000 for fiscal years 2024 through 2028. 111. Program authorized (a) In general From amounts made available under section 103, the Secretary shall award to eligible entities— (1) planning grants under section 122; (2) access grants under section 123, which will provide free high-quality child care for as many as 500,000 infants and toddlers who have a community college or minority-serving institution student parent, helping to reduce barriers that impact the ability of community college or minority-serving institution student parents attending community college or a minority-serving institution to graduate, and reducing their postgraduation debt; (3) impact grants under section 124, which will expand the supply and quality of child care in the community by providing training, mentorship, technical support, and expansion funding to new and existing child care providers in the service area of the eligible entity; and (4) pipeline grants under section 125, which will fund eligible entities to— (A) launch and expand early childhood educator preparation programs; and (B) form strategic partnerships with regional institutions to expand, diversify, and strengthen the workforce pipeline for infant and toddler care providers. (b) Administration In administering this title, the Secretary shall— (1) consult with the Secretary of Health and Human Services with respect to all grants carried out under this Act; and (2) consult with the Administrator of the Small Business Administration with respect to impact grants carried out under section 124. 112. Application; selection criteria (a) Application (1) In general An eligible entity desiring a grant under subtitle B shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application submitted under paragraph (1) shall include— (A) a landscape review on the need for infant and toddler child care within the current and prospective student populations of the eligible entity and in the broader service area of the eligible entity, with an emphasis on community college or minority-serving institution student parents in communities of color and low-income parents; (B) a landscape review of the infant and toddler care workforce within the service area of the eligible entity; (C) a high-level vision (which, in the case of an eligible entity desiring a planning grant under section 122, will be clarified and adjusted through the needs assessment and activities carried out under the grant) for how to leverage 1 or more access, impact, or pipeline grants under subtitle B to enhance access and quality in the infant and toddler child care landscape of the service area of the eligible entity; (D) a description of how the eligible entity will advance child development (including social and emotional development), family engagement, and culturally responsive and linguistically responsive pedagogy for infant and toddler child care within its child care center or early childhood education programs (as applicable), through professional development, required coursework, or targeted outreach and enrollment; (E) an assurance that the eligible entity will submit annual reports that document how funds were allocated and the impact of the grant; (F) a commitment that wages for child care staff at each on-campus child care center of a participating community college or minority-serving institution during the grant period shall be— (i) comparable to wages for elementary educators with similar credentials and experience in the State; and (ii) at a minimum, at a rate that is enough to provide a living wage for all child care staff; and (G) in the case of an impact, access, or pipeline grant under subtitle B, an assurance that the eligible entity will continue to convene and consult an infant and toddler care committee described in section 122(a)(1). (b) Selection criteria (1) In general The Secretary shall award grants under subtitle B on a competitive basis, in accordance with the priorities described in paragraph (2), and in a manner that supports eligible entities that— (A) enroll a high percentage of students who are eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) and who have children under age 3; (B) are located within or in the immediate vicinity of an infant and toddler child care desert; or (C) have a clear and compelling plan for— (i) in the case of a planning grant under section 122, carrying out the activities of the planning grant; (ii) in the case of an access grant under section 123, expanding access to free infant and toddler child care for community college or minority-serving institution student parents; (iii) in the case of an impact grant under section 124, expanding the supply and quality of child care in the community by providing training, mentorship, technical support, and startup funding, in collaboration with existing child care agencies and organizations; or (iv) in the case of a pipeline grant under section 125, growing and strengthening the workforce pipeline of highly effective infant and toddler child care providers, especially such providers serving infant and toddler child care deserts, by expanding early childhood education programs or upgrading an on-campus child care center into a lab school. (2) Priorities in awarding grants In awarding grants under subtitle B, the Secretary shall, to the extent practicable based on the strength of the applications and the availability of appropriations— (A) first, ensure that not less than 80 percent of the funds appropriated for grants under subtitle B are awarded to eligible entities that are eligible institutions, as defined in section 312(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(b) ); (B) second, ensure that not less than 1 eligible entity in each State is awarded a grant; and (C) third, provide special consideration to applications described in paragraph (3). (3) Additional consideration and funding In awarding grants under subtitle B and subject to paragraph (2), the Secretary shall provide special consideration, and may provide additional funding as needed, including funding to exceed the limits described in section 113(a), for— (A) applications for access grants under section 123 that will provide— (i) infant and toddler child care for children of all ages between birth and age 3; (ii) infant and toddler child care available during nontraditional hours; (iii) infant and toddler child care that has the supports and staffing needed for children who are dual language learners; (iv) infant and toddler child care that has the supports and staffing needed for children in need of trauma-informed care and infants and toddlers with disabilities, which may include providing training for infant and toddler child care staff to support the needs of infants and toddlers with disabilities or coordinating with service providers to deliver services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ; 1431 et seq.); and (v) child care and aftercare for children age 3 and older, especially for children that age out of the infant and toddler child care program supported under this title, and for siblings of children enrolled in campus-sponsored infant and toddler care; and (B) applications for pipeline grants under section 125 that propose to— (i) develop and teach courses on culturally responsive and linguistically responsive teaching in early childhood education; and (ii) develop and teach courses on supporting infants and toddlers with disabilities who are under age 3. (c) Prerequisites for access, impact, and pipeline grants An eligible entity shall receive and timely complete all requirements of a planning grant under section 122 before receiving an access, impact, or pipeline grant under section 123, 124, or 125. 113. Amount, duration, and administration of grants (a) Amount of grants Each grant awarded under subtitle B to an eligible entity shall be in an amount of— (1) in the case of a grant awarded to an individual community college or minority-serving institution, not more than $20,000,000; and (2) in the case of a grant to a consortium of community colleges or minority-serving institutions, not more than $220,000,000. (b) Duration of grants A grant awarded under subtitle B shall be for a period of 4 years, except that a planning grant awarded under section 122 shall be for a period of 1 year. (c) Number of grants (1) Planning grants No eligible entity shall receive more than 1 planning grant under section 122. (2) Impact, access, and pipeline grants An eligible entity may receive multiple grants under sections 123, 124, and 125, including 2 or more grants under different sections for the same grant period or for overlapping grant periods. (d) Annual grant competitions The Secretary shall conduct annual grant competitions for the grants under subtitle B. (e) Rule of construction Nothing in this title shall be construed to limit any program or grant established under any other Federal law, including the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), or the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ). 121. Grants authorized From amounts made available under section 103, the Secretary shall award to eligible entities— (1) planning grants under section 122, to enable the eligible entities to assess the infant and toddler care needs of current and prospective community college or minority-serving institution student parents and the surrounding community and develop a detailed proposal to address such needs; (2) access grants under section 123, which will provide free high-quality child care for up to 500,000 children under the age of 3 of community college or minority-serving institution student parents, helping to reduce barriers that impact the ability of community college or minority-serving institution student parents to graduate, and reducing their postgraduation debt; (3) impact grants under section 124, which will expand the supply and quality of child care in the community by providing training, mentorship, technical support, and expansion funding to new and existing child care providers in the service area of the eligible entities; and (4) pipeline grants under section 125, which will fund eligible entities to— (A) launch and expand early childhood educator preparation programs; and (B) form strategic partnerships with regional institutions to expand, diversify, and strengthen the workforce pipeline for infant and toddler child care providers. 122. Planning grants (a) Use of funds An eligible entity receiving a grant under this section shall use grant funds to— (1) establish an infant and toddler child care committee that is reflective and inclusive of the community being served and composed of members who are— (A) student parents at the participating community college or minority-serving institution; (B) faculty of any participating community college or minority-serving institution; (C) representatives of a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) serving the service area of the eligible entity; (D) where applicable, a local public charter school provider; (E) representatives of a local child care resource and referral agency; and (F) infant and toddler child care professionals (such as representatives from a local Head Start or Early Head Start program, home-based infant and toddler child care providers, and child care providers with expertise working with infants or toddlers with disabilities); (2) conduct an infant and toddler child care needs assessment of current and prospective community college or minority-serving institution student parents, the infant and toddler child care workforce, and the service area of the eligible entity, that includes information on the level of need for— (A) infant and toddler child care during nontraditional hours; (B) 3-year-old child care, toddler care, and infant care; (C) care for infants and toddlers with disabilities; (D) care for children from households that speak a language other than English; and (E) child care in specific communities, especially infant and toddler child care deserts; (3) begin research, outreach, and planning for expanding access to free infant and toddler child care for community college or minority-serving institution student parents, which may include drafting a delivery agreement with infant and toddler child care providers in the community to provide infant and toddler child care to community college or minority-serving institution student parents; and (4) develop a detailed proposal, with a focus on the needs of parents of children under age 3, to address those needs, which may include applying for an impact, access, or pipeline grant under section 123, 124, or 125. (b) Reporting requirements Not later than 30 days after the end of a grant period under this section, the eligible entity that received the grant shall prepare and submit a report to the Secretary that includes— (1) the results of the needs assessment conducted under subsection (a)(2); (2) the detailed proposal developed under subsection (a)(4); and (3) in the case of an eligible entity that desires an impact, access, or pipeline grant under section 123, 124, or 125, an application for the grant. 123. Access grants providing infant and toddler child care for community college or minority-serving institution student parents (a) Use of grants An eligible entity receiving a grant under this section shall use grant funds to expand access to free infant and toddler child care for community college or minority-serving institution student parents by carrying out 1 or more of the following: (1) Paying the infant and toddler child care costs of community college or minority-serving institution student parents at an on-campus child care center, State licensed off-campus child care center, or State licensed or registered home-based child care provider. (2) (A) Operating an on-campus child care center that provides infant and toddler child care; or (B) contracting with a child care provider that is operating 1 or more child care centers (as of the date of the contract) to operate an on-campus child care center that provides infant and toddler child care. (3) Coordinating with local child care resource and referral agencies for services such as helping community college or minority-serving institution student parents find infant and toddler child care. (4) Expanding the resources for existing on-campus child care centers, as of the date of the application for the grant, by— (A) expanding the space of the center for infant and toddler child care; (B) purchasing equipment to be used for infant and toddler child care; or (C) hiring staff to accommodate additional children under the age of 3. (5) Lengthening the hours of an existing on-campus infant and toddler child care center or keeping the on-campus infant and toddler child care center open during breaks (including summer). (6) Establishing capacity for drop-in infant and toddler child care or flex infant and toddler child care for the children of community college or minority-serving institution student parents. (7) Renovating campus facilities to allow for the operation of an on-campus child care center that— (A) satisfies the standards that apply to alterations or (as applicable) new construction under title II or III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. , 12181 et seq.), as the case may be; and (B) (i) meets a high-quality standard, according to a State quality rating and improvement system or the standards applicable to an Early Head Start program under the Head Start Act ( 42 U.S.C. 9831 et seq. ); or (ii) is accredited through the National Association for the Education of Young Children or another organization of similar expertise, as determined by the Secretary. (b) Requirements of on-Campus child care centers In order for an on-campus child care center of a community college or minority-serving institution participating in an eligible entity to be supported with funds from a grant under this section, the on-campus child care center shall meet the following requirements: (1) The child care center shall be licensed by the State and shall meet a high-quality standard described in subsection (a)(7)(B)(i) or be accredited in accordance with subsection (a)(7)(B)(ii). (2) Children of community college or minority-serving institution student parents shall receive priority enrollment in the child care center, with priority going first to low-income community college or minority-serving institution student parents, although dependents of faculty and staff of the community college or minority-serving institution and community members may be enrolled once the enrollment needs of all requesting community college or minority-serving institution student parents are fulfilled. (3) The child care center shall provide infant and toddler child care to children of community college or minority-serving institution student parents, without regard as to whether the parent is a full-time or part-time student. (4) Not less than 85 percent of the community college or minority-serving institution student parents using the on-campus child care center for infant and toddler child care shall be eligible to receive Federal Pell Grants under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), except that the Secretary may grant a waiver from this requirement if the Secretary determines necessary. (5) The child care center shall provide drop-in infant and toddler child care for community college and minority-serving institution student parents and may not impose minimum enrollment requirements for children of community college or minority-serving institution student parents. The Secretary shall promulgate regulations that specify the percentage of infant and toddler child care slots that must be reserved for drop-in infant and toddler child care under this paragraph. (6) The child care center— (A) shall provide infant and toddler child care for children under the age of 3 (as of the first day of the academic year of the community college or minority-serving institution supporting the child care center) of community college and minority-serving institution student parents for free; (B) may charge faculty and staff of the community college or minority institution and community members fees, using a sliding scale based on family income, to enroll their children in the child care center; and (C) shall comply with the suspension and expulsion performance standard for Head Start programs under section 1302.17 of title 45, Code of Federal Regulations, or any successor standard. (7) (A) The child care center shall maintain a continuity of care for the children of parents who— (i) were community college or minority-serving institution student parents during any reasonable or unavoidable break in the parents' enrollment; or (ii) transferred from a community college to a 4-year minority-serving institution during the student's enrollment at the 4-year institution. (B) The child care center may charge a parent described in subparagraph (A) a fee for the child care services provided during the period when the parent is not enrolled in the community college or minority-serving institution, using a sliding scale based on family income during this period, as long as the fee does not exceed 7 percent of the family's income. (8) The child care center shall pay its child care staff a wage that— (A) is comparable to wages for elementary educators with similar credentials and experience in the State; and (B) at a minimum, provides a living wage for all child care staff of the child care center; and (9) The child care center, if not a child care provider covered by subsection (c) of section 658H of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f ), shall comply with that section in the same manner and to the same extent as such a child care provider, with respect to background checks for child care staff members (including prospective child care staff members) for the center. (c) Consultation and reports (1) Consultation An eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reports An eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of community college or minority-serving institution student parents that received access to State licensed or registered child care because of the grant, in the aggregate and disaggregated by age, gender, race and ethnicity, family income, disability status, and full-time or part-time enrollment status in the community college or minority-serving institution; (B) the number of children under age 3 enrolled in each on-campus child care center supported under the grant, disaggregated by age, gender, disability status, marital status of parents, and race and ethnicity; (C) for each on-campus child care center supported under the grant, the number of suspensions of children enrolled in the child care center, in the aggregate and disaggregated by race and ethnicity, gender, and disability status; (D) the demographics, including race, ethnicity, and gender of the staff and leadership of all child care centers supported under the grant; (E) the most frequent times of the day and days of the week, and the average number of hours per week, that on-campus child care centers were used by community college or minority-serving institution student parents, and the child care hours per week provided to community college or minority-serving institution student parents, disaggregated by child care provided at nontraditional hours and traditional daytime, weekday child care; (F) semester-to-semester persistence and fall-to-fall persistence rates of community college or minority-serving institution student parents with children enrolled in infant and toddler child care sponsored by the community college or minority-serving institution, compared to the persistence rate of community college or minority-serving institution student parents with children under 3 who are not enrolled in community college or minority-serving institution sponsored child care— (i) collected in accordance with regulations promulgated by the Secretary; and (ii) in the aggregate and disaggregated as described in subparagraph (A) and by the age of the children of the community college or minority-serving institution students; (G) the degree or certificate completion rate of community college minority-serving institution student parents with children enrolled in child care that is sponsored by the community college or minority-serving institution and is not infant and toddler child care, in the aggregate and disaggregated as described in such subparagraph and by the age of the children of the community college or minority-serving institution student parents; and (H) if grant funds are used to renovate campus facilities under subsection (a)(7), proof of the on-campus child care center's compliance with the standards that apply to alterations or (as applicable) new construction under title II or III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. , 12181 et seq.), as the case may be. (3) Cross-tabulation In each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in subparagraphs (A), (B), (C), and (F)(ii) of such paragraph cross-tabulated by, at a minimum, gender, disability status, and each major racial and ethnic group, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual community college or minority-serving institution student parent or child enrolled in the child care center; (B) does not include a number of individuals in any subgroup of community college or minority-serving institution student parents or children enrolled in the child care center that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). (d) Definition In subsection (b)(9), the term child care staff member means an individual— (1) who is employed by a child care center covered by subsection (b) for compensation; or (2) whose activities involve the care or supervision of children for, or unsupervised access to children who are cared for or supervised by, such a child care center. 124. Impact grants (a) Use of funds Grants awarded under this section shall be used by eligible entities to expand the supply and quality of child care in the community by providing training, mentorship, technical support, and startup funding, in collaboration with existing (as of the date of application for the grant) child care agencies and organizations, through carrying out 1 or more of the following activities: (1) Contracting with local child care resource and referral organizations to support onsite technical assistance for child care providers, and training, mentorships, and business technical assistance related to existing (as of the date of the grant) or new start-up child care programs. (2) Contracting with local child care resource and referral organizations to provide staffed family child care networks, such as a hub that supports a group of home-based care providers to promote high-quality care. (3) Establishing a network of child care providers in the community, or partnering with an existing, as of the date of application, provider or network (such as an Early Head Start program operating in the community) to facilitate provider access to training, coaching, mentorship, licensure, technical support, and expansion funding. (4) Developing content for training for community child care providers (including home-based providers and unlicensed providers) on strong child care business practices and other supports and training the providers may require. (5) Compensating qualified individuals to deliver training for community members on providing high-quality child care. (6) Awarding microenterprise grants for State licensed, qualified early childhood education professionals, State licensed child care centers, and State licensed or registered home-based child care providers to open a child care program that provides infant and toddler child care, or to expand infant and toddler child care (including expanding access to serve infants or toddlers with disabilities) at a child care program in areas with low access to affordable, quality infant and toddler child care. (7) Developing and communicating clear pathways for community child care providers and current and prospective students of infant and toddler child care education, particularly individuals with low incomes and from historically underrepresented groups, to take advantage of professional development, certificate, and associate degree offerings, for the purpose of advancing their skills and careers. (8) Prioritizing child care programs, pathways, and resources in communities of color and low-income communities. (9) Developing and delivering child care professional development and courses in languages other than English. (b) Rule regarding professional development If an eligible entity elects to use grant funds under this section for professional development, the eligible entity shall ensure that— (1) a portion of the professional development is open, available, and easily accessible to unlicensed child care providers and a portion of the professional development is available to State licensed or registered child care providers; and (2) not more than 30 percent of the funds provided through the grant under this section are allocated toward professional development. (c) Consultation and reports (1) Consultation An eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) and the lead agency for the applicable State designated under section 658D of the Child Care Development and Block Grant Act of 1990 ( 42 U.S.C. 9858b ) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reports An eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of child care providers that attended child care professional development sessions coordinated by the eligible entity under the grant, and the type of training received; (B) (i) the number of child care providers fluent in a language other than English that received professional development through the grant, including the number of such child care providers reached through the development and delivery of coursework in languages other than English; and (ii) the number of such child care providers that received professional development through the grant and graduated with an infant toddler credential, a child development associate credential, or associate degree related to early childhood development; (C) the number of community colleges or minority-serving institutions that joined or established networks of child care providers; (D) the number of State licensed child care spots created for children under 3 as a result of the training or microenterprise grants provided, in the aggregate and disaggregated by location in an infant and toddler child care desert, location in a community of color, and, for recipients of microenterprise grants under subsection (a)(6), race, ethnicity, and gender of recipient; (E) the number of participants in mentorship programs supported under the grant, in the aggregate and disaggregated by race, ethnicity, and gender; and (F) the number of community child care providers receiving technical support from the on-campus child care center or network or the child care resource and referral agency under the grant. (3) Cross-tabulation In each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in paragraph (2)(E) cross-tabulated by, at a minimum, gender and each major racial and ethnic group, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual participant in a mentorship program; (B) does not include a number of individuals in any subgroup of mentorship program participants that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). 125. Pipeline grants (a) Use of funds Grants awarded under this section shall be used by eligible entities to grow and strengthen the workforce pipeline of highly effective infant and toddler child care providers, especially such providers serving infant and toddler child care deserts, through carrying out 1 or more of the following activities: (1) Establishing— (A) an associate degree program that includes not less than 2 courses specifically on infants and toddlers; or (B) a stackable child development associate credential, infant toddler credential, or early childhood education certificate, that can be incorporated into a higher-level credential or certificate. (2) Hiring faculty to adopt and teach previously developed competency-based high-quality infant-toddler courses, or to develop and teach infant-toddler courses, which may include courses required for an infant or toddler care certificate, such as courses on child growth and development, the physical and nutritional needs of children, communicating with families, language development, child mental health, supporting infants and toddlers with disabilities, and effective interactions with children. (3) Developing and executing a plan for increased coordination between an early childhood educator preparation program of a participating community college or minority-serving institution and an on-campus child care center of the community college or minority-serving institution, to enhance the quality of both the child care and the early childhood educator preparation program. (4) Creating or enhancing a partnership between a participating community college and a 4-year degree-granting institution, to support and coordinate associate degree programs or provide for articulation agreements in early childhood education with related baccalaureate degree programs. (5) Upgrading an on-campus child care center into a child care lab school for the purpose of facilitating early childhood educator preparation program practicum work, which may include installing one-way observation windows or live-feed cameras. (6) Awarding microgrants to students in early childhood educator preparation programs for tuition, books, transportation, permitting or licensing fees, apprenticeships, and time spent doing practicum work. (7) Developing and teaching courses on culturally responsive teaching in early childhood education. (8) Forming partnerships with local public high schools to establish early childhood education career and technical education programs, including programs that lead to a degree or credential or provide opportunities for students to enter the community college or minority-serving institution with postsecondary credits that can be counted towards an early childhood education certificate, credential, or degree. (b) Consultation and reports (1) Consultation An eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reporting requirements An eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of students that enrolled in early childhood educator preparation programs due to the support provided by the grant, in the aggregate and disaggregated by credential or degree type of the program and by age, gender, race or ethnic group, ability to speak a second language, family income level, disability status, and full-time or part-time student status; (B) the amount of funds allocated to early childhood educator preparation program students through microgrants under this section, in the aggregate and disaggregated by usage of funds and by demographics of the students receiving the microgrants, including age, gender, race or ethnic group, second language ability, parent status, family income level, disability status, and full-time or part-time student status; (C) the persistence, retention, and completion rates of students receiving the microgrants, as compared to such rates for students not receiving the microgrants; (D) the number of students dual-enrolled in high school and a community college or minority-serving institution early childhood educator preparation program; (E) the number of students that completed degrees, certificates, or credentials in dual-enrollment programs, in the aggregate and disaggregated by degree, certificate, and credential type; and (F) the details of any partnerships or articulation agreements established with local public high schools or local 4-year degree-granting institutions of higher education. (3) Cross-tabulation In each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in subparagraphs (A) and (B) of such paragraph cross-tabulated by, at a minimum, gender, each major racial and ethnic group, and disability status, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual student; (B) does not include a number of individuals in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). 126. Evaluation criteria for grants For each year of the grant program under this title, the Secretary shall evaluate the effectiveness of grants under chapter 1. Each evaluation shall include the following criteria: (1) For access grants awarded under section 123— (A) the number of community college or minority-serving institution student parents that received access to licensed or registered infant and toddler child care due to the grant, in the aggregate and disaggregated by age, gender, race or ethnic group, family income level, disability status, marital status, and full-time or part-time student status; (B) the most frequent times, and the average number of hours per week, that on-campus child care centers were used by community college or minority-serving institution student parents; (C) semester-to-semester persistence and fall-to-fall persistence rates of community college or minority-serving institution student parents with children enrolled in infant or toddler child care sponsored by the community college or minority-serving institution, compared to such rate for students with children not enrolled in the community college or minority-serving institution child care program, in the aggregate and disaggregated by the categories described in subparagraph (A); and (D) degree and certificate completion rate of community college or minority-serving institution student parents with children enrolled in child care sponsored by the community college or minority-serving institution, compared to such rate for students with children not enrolled in such a sponsored child care program, in the aggregate and disaggregated by the categories described in subparagraph (A). (2) For impact grants awarded under section 124— (A) the number of attendees for the child care professional development sessions coordinated by the eligible entity under the grants; (B) the number of community colleges or minority-serving institutions that joined or established networks of child care providers as a result of the grants; (C) the number of State licensed child care spots created for children under 3 in infant and toddler child care deserts and communities of color that were established as a result of microenterprise grants supported under section 124(a)(6); and (D) the number of child care providers fluent in a language other than English that received professional development under the grants. (3) For pipeline grants under section 125— (A) the number of early childhood educator preparation programs that were established with funding under the grants; (B) the number of existing early childhood educator preparation programs that expanded course, certificate, or degree offerings as a result of funding under the grants; (C) the number of students that enrolled in early childhood educator preparation programs because of funding provided under the grants, in the aggregate and disaggregated by— (i) type of degree or credential; and (ii) student age, gender, race or ethnic group, second language ability, family income level, disability status, and status as enrolled full- or part-time; (D) the amount of funds allocated to early childhood educator preparation program students through microgrants supported under section 125(a)(6), in the aggregate and disaggregated by— (i) category of usage of funds; and (ii) the categories described in subparagraph (C)(ii); (E) persistence, retention, and completion rates of students receiving such microgrants, as compared to students not receiving microgrants; (F) the number of new early childhood educator preparation program partnerships formed between community colleges or minority-serving institutions and area high schools as a result of the grants; (G) the number of students dual-enrolled in high school and community college early childhood educator preparation programs as a result of the grants; and (H) the number of students that completed a degree or credential in a dual-enrollment program as a result of the grants, in the aggregate and disaggregated by degree or credential. 127. Report to Congress The Secretary shall prepare and submit to Congress an annual report on the grant program under this title that includes— (1) the results from the most recent evaluation under section 126; and (2) information regarding the progress made by the grants based on the most recent reports submitted under sections 122(b), 123(c), 124(c), and 125(b). 128. Nondiscrimination in programs and activities (a) Nondiscrimination No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex (which includes sexual orientation, gender identity, pregnancy, childbirth, medical conditions related to pregnancy or childbirth, or sex stereotypes), or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded, in whole or in part, with funds made available under this title or with amounts appropriated for grants, contracts, or certificates similar to a child care certificate as defined in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ), administered with such funds. (b) Enforcement Subsection (a) shall be enforced in the same manner and by the same means, as if such subsection was incorporated in title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), and as if a violation of subsection (a) was treated as if it was a violation of section 601 of such Act ( 42 U.S.C. 2000d ). (c) Rule of construction Nothing in this section shall be construed to alter or change any provisions of section 658N of the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858l ). 201. Eligibility (a) In general Section 658P(4)(C)(i) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n(4)(C)(i) ) is amended by striking job training or educational program and inserting job training or educational program (which may be a program of study at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), a program of secondary education, or a program of study leading to the recognized equivalent of a secondary school diploma). (b) Plan requirements Section 658E(c)(2) of such Act ( 42 U.S.C. 9858c(c)(2) ) is amended by adding at the end the following: (W) Eligibility standards The plan shall contain an assurance that the State will not use any requirement for the eligibility of a child under this subchapter that is more restrictive than the requirements of (including regulations issued under) this subchapter, such as a family income standard, or a work, training, or education standard, that is more restrictive than the standards specified in section 658P(4).. 202. Conforming amendments Section 658H(c) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f(c) ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting or a child care center covered by section 123(b) of the Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act before if such ; and (2) in paragraph (2), by inserting , including a child care center covered by section 123(b) of the Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act , before shall be ineligible. 203. Increased Federal matching payments for child care Section 418(a)(2)(C) of the Social Security Act ( 42 U.S.C. 618(a)(2)(C) ) is amended to read as follows: (C) Federal matching of state expenditures The Secretary shall pay to each eligible State for a fiscal year an amount equal to the lesser of— (i) the State's allotment under subparagraph (B); or (ii) the sum of— (I) in the case of a State that provides payments for child care assistance for infants and toddlers (within the meaning of section 658G of the Child Care and Development Block Grant Act of 1990) at not less than 75 percent of the market rates, based on the most recent market rate survey conducted under section 658E(c)(4)(B) of that Act or using an alternative methodology, such as a cost estimation model, that has been developed by the State lead agency and approved by the Administration for Children and Families, taking into account the geographic area, type of child care, and age of the child, 90 percent of the State's expenditures for such assistance; and (II) the amount equal to the Federal medical assistance percentage that applies to the State for the fiscal year under section 1905(b) (without regard to any adjustments to such percentage applicable under that section or any other provision of law) of so much of the State's expenditures for child care in that fiscal year for children other than infants and toddlers.. 301. Sharing dependent care allowance information for Federal student aid Section 132(h)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(h)(4) ) is amended— (1) in the paragraph heading, by inserting and information after Disclaimer ; (2) in subparagraph (B), by striking and after the semicolon; (3) in subparagraph (C), by striking the period and inserting ; and ; and (4) by adding at the end the following: (D) explaining— (i) that a student with a dependent may be eligible to include a dependent care allowance described in section 471(a)(8) in the student's cost of attendance; (ii) the effect that a dependent care allowance may have on the amount of financial aid available to the student from the institution; and (iii) how to apply for the dependent care allowance..
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[ "Ways and Means Committee", "Education and the Workforce Committee" ]
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118
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ih
To amend section 242 of the National Housing Act to provide parity with respect to access to the mortgage insurance for hospitals program for licensed hospitals, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Securing Facilities for Mental Health Services Act.", "id": "H8DF68F57B3AA424E9AE87928B3712D80", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Mortgage insurance for hospitals parity \n(a) In general \nSection 242(b)(1) of the National Housing Act ( 12 U.S.C. 1715z–7(b)(1) ) is amended— (1) in subparagraph (A), by striking the semicolon at the end and inserting ; and ; (2) by striking subparagraph (B); and (3) by redesignating subparagraph (C) as subparagraph (B). (b) Effective date \nThe amendments made by this section shall apply upon the date of the enactment of this Act.", "id": "H5504CC568C14480688A304F8DB0AF7DC", "header": "Mortgage insurance for hospitals parity", "nested": [ { "text": "(a) In general \nSection 242(b)(1) of the National Housing Act ( 12 U.S.C. 1715z–7(b)(1) ) is amended— (1) in subparagraph (A), by striking the semicolon at the end and inserting ; and ; (2) by striking subparagraph (B); and (3) by redesignating subparagraph (C) as subparagraph (B).", "id": "HC3CE15DDD62041F29773A9414002D6DF", "header": "In general", "nested": [], "links": [ { "text": "12 U.S.C. 1715z–7(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-7" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply upon the date of the enactment of this Act.", "id": "HD20DBC09E1AF4C4884D9E5B5052FE7E1", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 1715z–7(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-7" } ] } ]
2
1. Short title This Act may be cited as the Securing Facilities for Mental Health Services Act. 2. Mortgage insurance for hospitals parity (a) In general Section 242(b)(1) of the National Housing Act ( 12 U.S.C. 1715z–7(b)(1) ) is amended— (1) in subparagraph (A), by striking the semicolon at the end and inserting ; and ; (2) by striking subparagraph (B); and (3) by redesignating subparagraph (C) as subparagraph (B). (b) Effective date The amendments made by this section shall apply upon the date of the enactment of this Act.
535
[ "Financial Services Committee" ]
118hr7276ih
118
hr
7,276
ih
To amend the Internal Revenue Code of 1986 to repeal the excise tax on telephone and other communications services.
[ { "text": "1. Short title \nThis Act may be cited as the Telephone Excise Tax Repeal Act of 2024.", "id": "H6465332E0F2E4658936AFB88867135B6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Repeal of excise tax on telephone and other communications services \n(a) In General \nChapter 33 of the Internal Revenue Code of 1986 (relating to facilities and services) is amended by striking subchapter B. (b) Conforming Amendments \n(1) Section 4293 of the Internal Revenue Code of 1986 is amended by striking chapter 32 (other than the taxes imposed by sections 4064 and 4121) and subchapter B of chapter 33, and inserting and chapter 32 (other than the taxes imposed by sections 4064 and 4121),. (2) Paragraph (1) of section 6302(e) of such Code is amended by striking section 4251 or. (3) Paragraph (2) of section 6302(e) of such Code is amended— (A) by striking imposed by section 4251, 4261, or 4271 with respect to and inserting imposed by section 4261 or 4271 with respect to , and (B) by striking bills rendered or. (4) The subsection heading for section 6302(e) of such Code is amended by striking Communications services and. (5) Section 6415 of such Code is amended by striking 4251, 4261, or 4271 each place it appears and inserting 4261 or 4271. (6) Paragraph (2) of section 7871(a) of such Code is amended by inserting or at the end of subparagraph (B), by striking subparagraph (C), and by redesignating subparagraph (D) as subparagraph (C). (7) The table of subchapters for chapter 33 of such Code is amended by striking the item relating to subchapter B. (c) Effective Date \nThe amendments made by this section shall apply to amounts paid pursuant to bills first rendered more than 90 days after the date of the enactment of this Act.", "id": "H3D4A49FB227B48D797F104E8BDDF1415", "header": "Repeal of excise tax on telephone and other communications services", "nested": [ { "text": "(a) In General \nChapter 33 of the Internal Revenue Code of 1986 (relating to facilities and services) is amended by striking subchapter B.", "id": "HCF29704D77914BDF8F9980C92348E3DF", "header": "In General", "nested": [], "links": [ { "text": "Chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/33" } ] }, { "text": "(b) Conforming Amendments \n(1) Section 4293 of the Internal Revenue Code of 1986 is amended by striking chapter 32 (other than the taxes imposed by sections 4064 and 4121) and subchapter B of chapter 33, and inserting and chapter 32 (other than the taxes imposed by sections 4064 and 4121),. (2) Paragraph (1) of section 6302(e) of such Code is amended by striking section 4251 or. (3) Paragraph (2) of section 6302(e) of such Code is amended— (A) by striking imposed by section 4251, 4261, or 4271 with respect to and inserting imposed by section 4261 or 4271 with respect to , and (B) by striking bills rendered or. (4) The subsection heading for section 6302(e) of such Code is amended by striking Communications services and. (5) Section 6415 of such Code is amended by striking 4251, 4261, or 4271 each place it appears and inserting 4261 or 4271. (6) Paragraph (2) of section 7871(a) of such Code is amended by inserting or at the end of subparagraph (B), by striking subparagraph (C), and by redesignating subparagraph (D) as subparagraph (C). (7) The table of subchapters for chapter 33 of such Code is amended by striking the item relating to subchapter B.", "id": "HA7EDAE585C8346018E565DC189D39B88", "header": "Conforming Amendments", "nested": [], "links": [ { "text": "Section 4293", "legal-doc": "usc", "parsable-cite": "usc/26/4293" } ] }, { "text": "(c) Effective Date \nThe amendments made by this section shall apply to amounts paid pursuant to bills first rendered more than 90 days after the date of the enactment of this Act.", "id": "H194BDE93E56244B7AD235628F76A7148", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/33" }, { "text": "Section 4293", "legal-doc": "usc", "parsable-cite": "usc/26/4293" } ] } ]
2
1. Short title This Act may be cited as the Telephone Excise Tax Repeal Act of 2024. 2. Repeal of excise tax on telephone and other communications services (a) In General Chapter 33 of the Internal Revenue Code of 1986 (relating to facilities and services) is amended by striking subchapter B. (b) Conforming Amendments (1) Section 4293 of the Internal Revenue Code of 1986 is amended by striking chapter 32 (other than the taxes imposed by sections 4064 and 4121) and subchapter B of chapter 33, and inserting and chapter 32 (other than the taxes imposed by sections 4064 and 4121),. (2) Paragraph (1) of section 6302(e) of such Code is amended by striking section 4251 or. (3) Paragraph (2) of section 6302(e) of such Code is amended— (A) by striking imposed by section 4251, 4261, or 4271 with respect to and inserting imposed by section 4261 or 4271 with respect to , and (B) by striking bills rendered or. (4) The subsection heading for section 6302(e) of such Code is amended by striking Communications services and. (5) Section 6415 of such Code is amended by striking 4251, 4261, or 4271 each place it appears and inserting 4261 or 4271. (6) Paragraph (2) of section 7871(a) of such Code is amended by inserting or at the end of subparagraph (B), by striking subparagraph (C), and by redesignating subparagraph (D) as subparagraph (C). (7) The table of subchapters for chapter 33 of such Code is amended by striking the item relating to subchapter B. (c) Effective Date The amendments made by this section shall apply to amounts paid pursuant to bills first rendered more than 90 days after the date of the enactment of this Act.
1,642
[ "Ways and Means Committee" ]
118hr3666ih
118
hr
3,666
ih
To direct the Secretary of Homeland Security to designate illicit fentanyl as a weapon of mass destruction, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Stop Our Scourge Act of 2023 or the SOS Act of 2023.", "id": "H78ADD6B4C35E442C85FBD7A07E756A0C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Designation of fentanyl as a weapon of mass destruction \n(a) In general \nThe Secretary of Homeland Security shall designate illicit fentanyl as a weapon of mass destruction for purposes of title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 590 et seq. ). (b) Definition \nIn this section, the term illicit fentanyl means fentanyl and any analogue thereof that is manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, in violation of section 401, 406, or 416 of the Controlled Substances Act ( 21 U.S.C. 841 , 846, 856).", "id": "HC3AAF545EB694441A8D32EFA92AA0BF8", "header": "Designation of fentanyl as a weapon of mass destruction", "nested": [ { "text": "(a) In general \nThe Secretary of Homeland Security shall designate illicit fentanyl as a weapon of mass destruction for purposes of title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 590 et seq. ).", "id": "H3588D66854D9405A9FEEC54026EA77A0", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 590 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/590" } ] }, { "text": "(b) Definition \nIn this section, the term illicit fentanyl means fentanyl and any analogue thereof that is manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, in violation of section 401, 406, or 416 of the Controlled Substances Act ( 21 U.S.C. 841 , 846, 856).", "id": "H9B91E56657CA40F5A77E7B41D7291EF8", "header": "Definition", "nested": [], "links": [ { "text": "21 U.S.C. 841", "legal-doc": "usc", "parsable-cite": "usc/21/841" } ] } ], "links": [ { "text": "6 U.S.C. 590 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/590" }, { "text": "21 U.S.C. 841", "legal-doc": "usc", "parsable-cite": "usc/21/841" } ] }, { "text": "3. Assessment regarding illicit fentanyl \n(a) In general \nThe head of the Office of National Drug Control Policy, in consultation with the heads of such other Federal agencies as the head of the Office of National Drug Control Policy deems appropriate, shall conduct an assessment of the following: (1) Foreign manufacturing of illicit fentanyl. (2) The tools and capabilities across Federal agencies to address trafficking of illicit fentanyl. (3) How coordination of Federal efforts to address such trafficking can be improved, including identification of duplicative Federal efforts. (4) The capacities of the Mexican military to conduct counterdrug missions with respect to illicit fentanyl. (5) The capacities and willingness of the People’s Republic of China to curtail the flow of illicit fentanyl, conduct inspections and investigations with respect to illicit fentanyl, screen for illicit fentanyl at ports of exit, implement know-your-customer standards, and hold traffickers of illicit fentanyl accountable. (6) Illicit fentanyl being trafficked into the United States from Mexico, including the purity, formulation, and weight of the illicit fentanyl. (b) Timing; report \nNot later than 180 days after the date of enactment of this Act, the head of the Office of National Drug Control Policy shall— (1) complete the assessment required by subsection (a); and (2) submit a report to the Congress on the results of such assessment. (c) Definition \nIn this section, the term illicit fentanyl means fentanyl and any analogue or precursor thereof that is manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, in violation of section 401, 406, or 416 of the Controlled Substances Act ( 21 U.S.C. 841 , 846, 856).", "id": "HE5A902152C184489880D3A3DEA659963", "header": "Assessment regarding illicit fentanyl", "nested": [ { "text": "(a) In general \nThe head of the Office of National Drug Control Policy, in consultation with the heads of such other Federal agencies as the head of the Office of National Drug Control Policy deems appropriate, shall conduct an assessment of the following: (1) Foreign manufacturing of illicit fentanyl. (2) The tools and capabilities across Federal agencies to address trafficking of illicit fentanyl. (3) How coordination of Federal efforts to address such trafficking can be improved, including identification of duplicative Federal efforts. (4) The capacities of the Mexican military to conduct counterdrug missions with respect to illicit fentanyl. (5) The capacities and willingness of the People’s Republic of China to curtail the flow of illicit fentanyl, conduct inspections and investigations with respect to illicit fentanyl, screen for illicit fentanyl at ports of exit, implement know-your-customer standards, and hold traffickers of illicit fentanyl accountable. (6) Illicit fentanyl being trafficked into the United States from Mexico, including the purity, formulation, and weight of the illicit fentanyl.", "id": "H04BC299D611D4D74981BA293B8C29689", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Timing; report \nNot later than 180 days after the date of enactment of this Act, the head of the Office of National Drug Control Policy shall— (1) complete the assessment required by subsection (a); and (2) submit a report to the Congress on the results of such assessment.", "id": "HB33CEFFFEC9A45BCA373C9D7B6C264FB", "header": "Timing; report", "nested": [], "links": [] }, { "text": "(c) Definition \nIn this section, the term illicit fentanyl means fentanyl and any analogue or precursor thereof that is manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, in violation of section 401, 406, or 416 of the Controlled Substances Act ( 21 U.S.C. 841 , 846, 856).", "id": "HB5F17D29FAB04C20B82F8F9332FB1241", "header": "Definition", "nested": [], "links": [ { "text": "21 U.S.C. 841", "legal-doc": "usc", "parsable-cite": "usc/21/841" } ] } ], "links": [ { "text": "21 U.S.C. 841", "legal-doc": "usc", "parsable-cite": "usc/21/841" } ] } ]
3
1. Short title This Act may be cited as the Stop Our Scourge Act of 2023 or the SOS Act of 2023. 2. Designation of fentanyl as a weapon of mass destruction (a) In general The Secretary of Homeland Security shall designate illicit fentanyl as a weapon of mass destruction for purposes of title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 590 et seq. ). (b) Definition In this section, the term illicit fentanyl means fentanyl and any analogue thereof that is manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, in violation of section 401, 406, or 416 of the Controlled Substances Act ( 21 U.S.C. 841 , 846, 856). 3. Assessment regarding illicit fentanyl (a) In general The head of the Office of National Drug Control Policy, in consultation with the heads of such other Federal agencies as the head of the Office of National Drug Control Policy deems appropriate, shall conduct an assessment of the following: (1) Foreign manufacturing of illicit fentanyl. (2) The tools and capabilities across Federal agencies to address trafficking of illicit fentanyl. (3) How coordination of Federal efforts to address such trafficking can be improved, including identification of duplicative Federal efforts. (4) The capacities of the Mexican military to conduct counterdrug missions with respect to illicit fentanyl. (5) The capacities and willingness of the People’s Republic of China to curtail the flow of illicit fentanyl, conduct inspections and investigations with respect to illicit fentanyl, screen for illicit fentanyl at ports of exit, implement know-your-customer standards, and hold traffickers of illicit fentanyl accountable. (6) Illicit fentanyl being trafficked into the United States from Mexico, including the purity, formulation, and weight of the illicit fentanyl. (b) Timing; report Not later than 180 days after the date of enactment of this Act, the head of the Office of National Drug Control Policy shall— (1) complete the assessment required by subsection (a); and (2) submit a report to the Congress on the results of such assessment. (c) Definition In this section, the term illicit fentanyl means fentanyl and any analogue or precursor thereof that is manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, in violation of section 401, 406, or 416 of the Controlled Substances Act ( 21 U.S.C. 841 , 846, 856).
2,451
[ "Homeland Security Committee", "Foreign Affairs Committee", "Judiciary Committee" ]
118hr6394ih
118
hr
6,394
ih
To provide for the creation of a Congressional time capsule in commemoration of the semiquincentennial of the United States, and for other purposes.
[ { "text": "1. Short Title \nThis Act may be cited as the Semiquincentennial Congressional Time Capsule Act.", "id": "HAE0A2F4BA69D49DC86704DF8BD51C5EC", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Semiquincentennial Congressional Time Capsule \n(a) Creation by Architect of the Capitol \nThe Architect of the Capitol shall create a Congressional time capsule, to be known as the Semiquincentennial Congressional Time Capsule (in this Act referred to as the Time Capsule ). (b) Contents \n(1) Determination by congressional leadership \nThe Office of the Speaker of the House of Representatives, Office of the Minority Leader of the House of Representatives, Office of the Majority Leader of the Senate, and Office of the Minority Leader of the Senate shall jointly determine the contents of the Time Capsule, taking into account the requirements of paragraph (2). (2) Specifications \nThe contents of the Time Capsule shall include— (A) a representative portion of all books, manuscripts, miscellaneous printed matter, memorabilia, relics, and other materials relating to the United States Semiquincentennial; (B) copies or representations of important legislative and institutional milestones of Congress during the time before the Time Capsule is buried; (C) a message from Congress to the future Congress when the Time Capsule will be opened; and (D) such other content as the offices described in paragraph (1) consider appropriate. (3) Consultation \nIn carrying out this subsection, the offices described in paragraph (1) may consult with the Architect of the Capitol, the Secretary of the Smithsonian Institution, and such other entities of the Federal Government as the offices consider appropriate. (c) Duties of Architect \nThe Architect of the Capitol shall— (1) prepare the Time Capsule to be sealed and buried on the West Lawn of the Capitol, at a location specified by the Architect, on or before July 4th, 2026, at a time which would permit individuals attending this event to also attend the burial of a time capsule in Independence Mall in Philadelphia, Pennsylvania, under section 7(f)(1) of the United States Semiquincentennial Commission Act of 2016 ( 36 U.S.C. 101 note prec.); and (2) install a plaque to provide such information about the Time Capsule as the Architect considers appropriate. (d) Unsealing \nThe Time Capsule shall be sealed until July 4th, 2276, on which date the Speaker of the House of Representatives shall present the Time Capsule to the 244th Congress, and such Congress shall determine how the contents within should be preserved or used. (e) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this Act, and any amounts so appropriated shall remain available until expended.", "id": "H9C57D07159134DD79F18AD2DF1A0FE91", "header": "Semiquincentennial Congressional Time Capsule", "nested": [ { "text": "(a) Creation by Architect of the Capitol \nThe Architect of the Capitol shall create a Congressional time capsule, to be known as the Semiquincentennial Congressional Time Capsule (in this Act referred to as the Time Capsule ).", "id": "H75C1B956B11D41848079AB6DD811226D", "header": "Creation by Architect of the Capitol", "nested": [], "links": [] }, { "text": "(b) Contents \n(1) Determination by congressional leadership \nThe Office of the Speaker of the House of Representatives, Office of the Minority Leader of the House of Representatives, Office of the Majority Leader of the Senate, and Office of the Minority Leader of the Senate shall jointly determine the contents of the Time Capsule, taking into account the requirements of paragraph (2). (2) Specifications \nThe contents of the Time Capsule shall include— (A) a representative portion of all books, manuscripts, miscellaneous printed matter, memorabilia, relics, and other materials relating to the United States Semiquincentennial; (B) copies or representations of important legislative and institutional milestones of Congress during the time before the Time Capsule is buried; (C) a message from Congress to the future Congress when the Time Capsule will be opened; and (D) such other content as the offices described in paragraph (1) consider appropriate. (3) Consultation \nIn carrying out this subsection, the offices described in paragraph (1) may consult with the Architect of the Capitol, the Secretary of the Smithsonian Institution, and such other entities of the Federal Government as the offices consider appropriate.", "id": "HDFFA37A6DA5744128F6F50B5453BB8F4", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Duties of Architect \nThe Architect of the Capitol shall— (1) prepare the Time Capsule to be sealed and buried on the West Lawn of the Capitol, at a location specified by the Architect, on or before July 4th, 2026, at a time which would permit individuals attending this event to also attend the burial of a time capsule in Independence Mall in Philadelphia, Pennsylvania, under section 7(f)(1) of the United States Semiquincentennial Commission Act of 2016 ( 36 U.S.C. 101 note prec.); and (2) install a plaque to provide such information about the Time Capsule as the Architect considers appropriate.", "id": "H2EA89C54413D44A29923FDBD0A7A6A10", "header": "Duties of Architect", "nested": [], "links": [ { "text": "36 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/36/101" } ] }, { "text": "(d) Unsealing \nThe Time Capsule shall be sealed until July 4th, 2276, on which date the Speaker of the House of Representatives shall present the Time Capsule to the 244th Congress, and such Congress shall determine how the contents within should be preserved or used.", "id": "H505F57D371254DD180688DD7801E763E", "header": "Unsealing", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this Act, and any amounts so appropriated shall remain available until expended.", "id": "HF6FB300F06634B7FB7E702050BAF1349", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "36 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/36/101" } ] } ]
2
1. Short Title This Act may be cited as the Semiquincentennial Congressional Time Capsule Act. 2. Semiquincentennial Congressional Time Capsule (a) Creation by Architect of the Capitol The Architect of the Capitol shall create a Congressional time capsule, to be known as the Semiquincentennial Congressional Time Capsule (in this Act referred to as the Time Capsule ). (b) Contents (1) Determination by congressional leadership The Office of the Speaker of the House of Representatives, Office of the Minority Leader of the House of Representatives, Office of the Majority Leader of the Senate, and Office of the Minority Leader of the Senate shall jointly determine the contents of the Time Capsule, taking into account the requirements of paragraph (2). (2) Specifications The contents of the Time Capsule shall include— (A) a representative portion of all books, manuscripts, miscellaneous printed matter, memorabilia, relics, and other materials relating to the United States Semiquincentennial; (B) copies or representations of important legislative and institutional milestones of Congress during the time before the Time Capsule is buried; (C) a message from Congress to the future Congress when the Time Capsule will be opened; and (D) such other content as the offices described in paragraph (1) consider appropriate. (3) Consultation In carrying out this subsection, the offices described in paragraph (1) may consult with the Architect of the Capitol, the Secretary of the Smithsonian Institution, and such other entities of the Federal Government as the offices consider appropriate. (c) Duties of Architect The Architect of the Capitol shall— (1) prepare the Time Capsule to be sealed and buried on the West Lawn of the Capitol, at a location specified by the Architect, on or before July 4th, 2026, at a time which would permit individuals attending this event to also attend the burial of a time capsule in Independence Mall in Philadelphia, Pennsylvania, under section 7(f)(1) of the United States Semiquincentennial Commission Act of 2016 ( 36 U.S.C. 101 note prec.); and (2) install a plaque to provide such information about the Time Capsule as the Architect considers appropriate. (d) Unsealing The Time Capsule shall be sealed until July 4th, 2276, on which date the Speaker of the House of Representatives shall present the Time Capsule to the 244th Congress, and such Congress shall determine how the contents within should be preserved or used. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act, and any amounts so appropriated shall remain available until expended.
2,679
[ "Transportation and Infrastructure Committee", "Committee on House Administration" ]
118hr1286ih
118
hr
1,286
ih
To reimburse the State of Texas for the costs of Operation Lone Star, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Lone Star Reimbursement Act.", "id": "HCC265DDDA12B4BF585D5FF4D84D31CCB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings; sense of Congress \n(a) Findings \nCongress finds the following: (1) The House of Representatives first recognized the security of our Nation’s borders as a matter of national security in the National Defense Authorization Act for Fiscal Year 2022. (2) Operation Lone Star has led to over 348,000 illegal immigrant apprehensions and more than 24,000 criminal arrests, with more than 22,000 felony charges reported. (3) Operation Lone Star is responsible for the seizure of over 361 million lethal doses of fentanyl. (b) Sense of Congress \nIt is the sense of Congress that Operation Lone Star has been a tremendous help to stem the tide of illegal immigration and its members should be recognized for their efforts.", "id": "H82B5D4FF28F542B88C7D66A2A11C6FA9", "header": "Findings; sense of Congress", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) The House of Representatives first recognized the security of our Nation’s borders as a matter of national security in the National Defense Authorization Act for Fiscal Year 2022. (2) Operation Lone Star has led to over 348,000 illegal immigrant apprehensions and more than 24,000 criminal arrests, with more than 22,000 felony charges reported. (3) Operation Lone Star is responsible for the seizure of over 361 million lethal doses of fentanyl.", "id": "H26A730DA7D6B42AFB42157C4B3ECDFE1", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that Operation Lone Star has been a tremendous help to stem the tide of illegal immigration and its members should be recognized for their efforts.", "id": "HE914B15F103C4BECAE25102F646EDA60", "header": "Sense of Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Reimbursement \nOf amounts appropriated or otherwise made available to the Department of Defense and the Department of Homeland Security for fiscal year 2024, $2,200,000,000 from each such Department shall be expended in the form of reimbursements to the State of Texas for the costs of Operation Lone Star incurred in fiscal years 2022 and 2023.", "id": "H2F9A60404A434CC08D8A2DA9AB283859", "header": "Reimbursement", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Lone Star Reimbursement Act. 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) The House of Representatives first recognized the security of our Nation’s borders as a matter of national security in the National Defense Authorization Act for Fiscal Year 2022. (2) Operation Lone Star has led to over 348,000 illegal immigrant apprehensions and more than 24,000 criminal arrests, with more than 22,000 felony charges reported. (3) Operation Lone Star is responsible for the seizure of over 361 million lethal doses of fentanyl. (b) Sense of Congress It is the sense of Congress that Operation Lone Star has been a tremendous help to stem the tide of illegal immigration and its members should be recognized for their efforts. 3. Reimbursement Of amounts appropriated or otherwise made available to the Department of Defense and the Department of Homeland Security for fiscal year 2024, $2,200,000,000 from each such Department shall be expended in the form of reimbursements to the State of Texas for the costs of Operation Lone Star incurred in fiscal years 2022 and 2023.
1,148
[ "Homeland Security Committee", "Judiciary Committee", "Armed Services Committee" ]
118hr1378ih
118
hr
1,378
ih
To amend title 38, United States Code, to establish an internship program within the Board of Veterans’ Appeals, and for other purposes.
[ { "text": "1. Short title; table of contents \nThis Act may be cited as the Veterans’ Appeals Backlog Improvement Act.", "id": "H052606094416472EA027E60CF3465DBA", "header": "Short title; table of contents", "nested": [], "links": [] }, { "text": "2. Board of Veterans' Appeals internship program \n(a) In general \nChapter 71 of title 38, United States Code, is amended by adding at the end the following new section: 7114. Internship program \nThe Secretary shall establish a competitive internship program within the Department for the purpose of providing an opportunity for high-achieving students at law schools accredited by the American Bar Association to gain experience with the Board.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 71 of such title is amended by adding at the end the following new item: 7114. Internship program.. (c) Deadline \nThe Secretary of Veterans Affairs shall establish the internship program required by section 7114 of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act.", "id": "HB4DEC8F6AE554137BFF1B70FBF3BB700", "header": "Board of Veterans' Appeals internship program", "nested": [ { "text": "(a) In general \nChapter 71 of title 38, United States Code, is amended by adding at the end the following new section: 7114. Internship program \nThe Secretary shall establish a competitive internship program within the Department for the purpose of providing an opportunity for high-achieving students at law schools accredited by the American Bar Association to gain experience with the Board..", "id": "H977DA673FB94474CB685CD32B37DAAC7", "header": "In general", "nested": [], "links": [ { "text": "Chapter 71", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/71" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 71 of such title is amended by adding at the end the following new item: 7114. Internship program..", "id": "HAE94E122252F4391A0B0AE0B9A2E7EBE", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Deadline \nThe Secretary of Veterans Affairs shall establish the internship program required by section 7114 of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act.", "id": "H659E7DF40A6E4F6D8928E658AD9EABC2", "header": "Deadline", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 71", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/71" } ] }, { "text": "7114. Internship program \nThe Secretary shall establish a competitive internship program within the Department for the purpose of providing an opportunity for high-achieving students at law schools accredited by the American Bar Association to gain experience with the Board.", "id": "HF5C08F248A104A339E0CD2A56921DE77", "header": "Internship program", "nested": [], "links": [] }, { "text": "3. Pilot program on establishment of Department of Veterans Affairs honors program \n(a) Establishment \nNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a nine-year pilot program under which the Secretary shall carry out a competitive honors program within the Department of Veterans Affairs for the purpose of recruiting high-achieving law school students, recent law school graduates, and entry-level attorneys for employment with the Department. (b) Qualifications \nTo be eligible to participate in the competitive honors program under the pilot program, an individual shall have graduated from a law school accredited by the American Bar Association and shall be a member in good standing of the bar of a state, territory, or the District of Columbia. The Secretary shall give priority consideration in application for the honors program to individuals who successfully complete the internship program established under section 7114 of title 38, United States Code, as added by section 2(a). (c) Student loan repayment benefits \n(1) In general \nSubject to an agreement under paragraph (2), the Secretary shall provide student loan repayment benefits under section 5379 of title 5, United States Code, to each participant in the pilot program who is eligible for student loan repayment benefits under such section. (2) Participant agreement \nThe Secretary shall enter into an agreement with each participant in the pilot program who will receive benefits described in paragraph (1), in accordance with such section. Each such agreement shall specify that— (A) the participant agrees to remain in the service of the Department for a period of not less than three years, unless involuntarily separated, in accordance with subsection (c) of such section; and (B) if separated involuntarily on account of misconduct, or voluntarily, before the end of the period specified in the agreement, the participant shall repay to the Government the amount of any benefits received by the individual from the Department in accordance with subsection (c) of such section 5379. (d) Professional development activities \n(1) Assignment of mentors \nNot later than 90 days after the date on which an individual begins participating in the pilot program established under subsection (a), the Secretary shall assign the participant a mentor who is an employee of the Department who is— (A) to the extent practicable, a managerial employee; and (B) outside the participant's chain of command. (2) Assignments to Office of General Counsel \nThe Secretary shall provide each participant in the pilot program at least one assignment within the Office of General Counsel of the Department that includes full-time legal responsibilities in order to further the professional development of the participant. Such assignment shall be for a period of not less than 120 days and not more than 180 days, or longer at the discretion of the Secretary. (3) Other rotational assignments \nThe Secretary may provide a participant in the pilot program one or more other short-term rotational assignments. Such an assignment shall be for a period of not less than 30 days and not more than 180 days, at the discretion of the Secretary. (e) Periodic reports \n(1) Reports required \nNot later than three years after the date on which the Secretary first accepts a participant into the competitive honors program carried out under the pilot program, and not less frequently than once every three years thereafter for the duration of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the Secretary with respect to the pilot program. (2) Contents \nEach report submitted under paragraph (1) shall include the following: (A) The findings of the Secretary with respect to the feasibility and advisability of establishing a permanent competitive honors program within the Department. (B) Such recommendations as the Secretary may have for legislative or administrative action to improve recruitment and retention of staff at the Department.", "id": "HFB5CE5D28D9B4F98BFD13714C505CC04", "header": "Pilot program on establishment of Department of Veterans Affairs honors program", "nested": [ { "text": "(a) Establishment \nNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a nine-year pilot program under which the Secretary shall carry out a competitive honors program within the Department of Veterans Affairs for the purpose of recruiting high-achieving law school students, recent law school graduates, and entry-level attorneys for employment with the Department.", "id": "HB4249AE041F04429AA6345B737FAB10B", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Qualifications \nTo be eligible to participate in the competitive honors program under the pilot program, an individual shall have graduated from a law school accredited by the American Bar Association and shall be a member in good standing of the bar of a state, territory, or the District of Columbia. The Secretary shall give priority consideration in application for the honors program to individuals who successfully complete the internship program established under section 7114 of title 38, United States Code, as added by section 2(a).", "id": "H49160FAB26F64CC2B42A78EF8972C177", "header": "Qualifications", "nested": [], "links": [] }, { "text": "(c) Student loan repayment benefits \n(1) In general \nSubject to an agreement under paragraph (2), the Secretary shall provide student loan repayment benefits under section 5379 of title 5, United States Code, to each participant in the pilot program who is eligible for student loan repayment benefits under such section. (2) Participant agreement \nThe Secretary shall enter into an agreement with each participant in the pilot program who will receive benefits described in paragraph (1), in accordance with such section. Each such agreement shall specify that— (A) the participant agrees to remain in the service of the Department for a period of not less than three years, unless involuntarily separated, in accordance with subsection (c) of such section; and (B) if separated involuntarily on account of misconduct, or voluntarily, before the end of the period specified in the agreement, the participant shall repay to the Government the amount of any benefits received by the individual from the Department in accordance with subsection (c) of such section 5379.", "id": "H81034EE2FA514EFEBB8BE11DED292283", "header": "Student loan repayment benefits", "nested": [], "links": [] }, { "text": "(d) Professional development activities \n(1) Assignment of mentors \nNot later than 90 days after the date on which an individual begins participating in the pilot program established under subsection (a), the Secretary shall assign the participant a mentor who is an employee of the Department who is— (A) to the extent practicable, a managerial employee; and (B) outside the participant's chain of command. (2) Assignments to Office of General Counsel \nThe Secretary shall provide each participant in the pilot program at least one assignment within the Office of General Counsel of the Department that includes full-time legal responsibilities in order to further the professional development of the participant. Such assignment shall be for a period of not less than 120 days and not more than 180 days, or longer at the discretion of the Secretary. (3) Other rotational assignments \nThe Secretary may provide a participant in the pilot program one or more other short-term rotational assignments. Such an assignment shall be for a period of not less than 30 days and not more than 180 days, at the discretion of the Secretary.", "id": "H4A13B59EFA994499BD4DF8C7F6BD00AB", "header": "Professional development activities", "nested": [], "links": [] }, { "text": "(e) Periodic reports \n(1) Reports required \nNot later than three years after the date on which the Secretary first accepts a participant into the competitive honors program carried out under the pilot program, and not less frequently than once every three years thereafter for the duration of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the Secretary with respect to the pilot program. (2) Contents \nEach report submitted under paragraph (1) shall include the following: (A) The findings of the Secretary with respect to the feasibility and advisability of establishing a permanent competitive honors program within the Department. (B) Such recommendations as the Secretary may have for legislative or administrative action to improve recruitment and retention of staff at the Department.", "id": "H415F915A06E24EE79B234BA9DE404A24", "header": "Periodic reports", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Report on improving access to Board of Veterans' Appeals telehearings \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on improving access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission. (b) Contents \nThe report required by subsection (a) shall include the following: (1) Recommendations on the feasibility and advisability of reimbursing veterans for expenses incurred for travel from the home of a veteran to the location at which a hearing before the Board of Veterans’ Appeals is held by picture and voice transmission, if the Secretary determines that travel to such location is reasonably necessary for such a hearing. (2) Recommendations on establishment of pilot programs to assess the feasibility and advisability of using other methods that could improve veteran access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission from a veteran’s home. (3) Such other recommendations to improve access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission as the Secretary may receive from stakeholders.", "id": "H19B10095BECD49A99696A630E7F6BC3B", "header": "Report on improving access to Board of Veterans' Appeals telehearings", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on improving access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission.", "id": "H339832303F4A46869E52DBAEB422C264", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe report required by subsection (a) shall include the following: (1) Recommendations on the feasibility and advisability of reimbursing veterans for expenses incurred for travel from the home of a veteran to the location at which a hearing before the Board of Veterans’ Appeals is held by picture and voice transmission, if the Secretary determines that travel to such location is reasonably necessary for such a hearing. (2) Recommendations on establishment of pilot programs to assess the feasibility and advisability of using other methods that could improve veteran access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission from a veteran’s home. (3) Such other recommendations to improve access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission as the Secretary may receive from stakeholders.", "id": "HBE3F40E0D5BE46C6A6FCAA042F198B51", "header": "Contents", "nested": [], "links": [] } ], "links": [] } ]
5
1. Short title; table of contents This Act may be cited as the Veterans’ Appeals Backlog Improvement Act. 2. Board of Veterans' Appeals internship program (a) In general Chapter 71 of title 38, United States Code, is amended by adding at the end the following new section: 7114. Internship program The Secretary shall establish a competitive internship program within the Department for the purpose of providing an opportunity for high-achieving students at law schools accredited by the American Bar Association to gain experience with the Board.. (b) Clerical amendment The table of sections at the beginning of chapter 71 of such title is amended by adding at the end the following new item: 7114. Internship program.. (c) Deadline The Secretary of Veterans Affairs shall establish the internship program required by section 7114 of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act. 7114. Internship program The Secretary shall establish a competitive internship program within the Department for the purpose of providing an opportunity for high-achieving students at law schools accredited by the American Bar Association to gain experience with the Board. 3. Pilot program on establishment of Department of Veterans Affairs honors program (a) Establishment Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a nine-year pilot program under which the Secretary shall carry out a competitive honors program within the Department of Veterans Affairs for the purpose of recruiting high-achieving law school students, recent law school graduates, and entry-level attorneys for employment with the Department. (b) Qualifications To be eligible to participate in the competitive honors program under the pilot program, an individual shall have graduated from a law school accredited by the American Bar Association and shall be a member in good standing of the bar of a state, territory, or the District of Columbia. The Secretary shall give priority consideration in application for the honors program to individuals who successfully complete the internship program established under section 7114 of title 38, United States Code, as added by section 2(a). (c) Student loan repayment benefits (1) In general Subject to an agreement under paragraph (2), the Secretary shall provide student loan repayment benefits under section 5379 of title 5, United States Code, to each participant in the pilot program who is eligible for student loan repayment benefits under such section. (2) Participant agreement The Secretary shall enter into an agreement with each participant in the pilot program who will receive benefits described in paragraph (1), in accordance with such section. Each such agreement shall specify that— (A) the participant agrees to remain in the service of the Department for a period of not less than three years, unless involuntarily separated, in accordance with subsection (c) of such section; and (B) if separated involuntarily on account of misconduct, or voluntarily, before the end of the period specified in the agreement, the participant shall repay to the Government the amount of any benefits received by the individual from the Department in accordance with subsection (c) of such section 5379. (d) Professional development activities (1) Assignment of mentors Not later than 90 days after the date on which an individual begins participating in the pilot program established under subsection (a), the Secretary shall assign the participant a mentor who is an employee of the Department who is— (A) to the extent practicable, a managerial employee; and (B) outside the participant's chain of command. (2) Assignments to Office of General Counsel The Secretary shall provide each participant in the pilot program at least one assignment within the Office of General Counsel of the Department that includes full-time legal responsibilities in order to further the professional development of the participant. Such assignment shall be for a period of not less than 120 days and not more than 180 days, or longer at the discretion of the Secretary. (3) Other rotational assignments The Secretary may provide a participant in the pilot program one or more other short-term rotational assignments. Such an assignment shall be for a period of not less than 30 days and not more than 180 days, at the discretion of the Secretary. (e) Periodic reports (1) Reports required Not later than three years after the date on which the Secretary first accepts a participant into the competitive honors program carried out under the pilot program, and not less frequently than once every three years thereafter for the duration of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the Secretary with respect to the pilot program. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) The findings of the Secretary with respect to the feasibility and advisability of establishing a permanent competitive honors program within the Department. (B) Such recommendations as the Secretary may have for legislative or administrative action to improve recruitment and retention of staff at the Department. 4. Report on improving access to Board of Veterans' Appeals telehearings (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on improving access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission. (b) Contents The report required by subsection (a) shall include the following: (1) Recommendations on the feasibility and advisability of reimbursing veterans for expenses incurred for travel from the home of a veteran to the location at which a hearing before the Board of Veterans’ Appeals is held by picture and voice transmission, if the Secretary determines that travel to such location is reasonably necessary for such a hearing. (2) Recommendations on establishment of pilot programs to assess the feasibility and advisability of using other methods that could improve veteran access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission from a veteran’s home. (3) Such other recommendations to improve access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission as the Secretary may receive from stakeholders.
6,772
[ "Veterans' Affairs Committee" ]
118hr5779ih
118
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5,779
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To establish a commission on fiscal responsibility and reform.
[ { "text": "1. Short title \nThis Act may be cited as the Fiscal Commission Act of 2023.", "id": "H0BC8D691295A49F6B3246E7134EDE3BF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Co-chair \nThe term co-chair means an individual appointed to serve as a co-chair of the Fiscal Commission under section 3(a)(3)(C)(i). (2) Fiscal Commission \nThe term Fiscal Commission means the commission established under section 3(a). (3) Fiscal commission bill \nThe term Fiscal Commission bill means a bill consisting solely of legislative language that the Fiscal Commission approves and submits under clauses (i) and (v), respectively, of section 3(a)(2)(B). (4) Outside expert \nThe term outside expert is an individual who is not an elected official or an officer or employee of the Federal Government or of any State.", "id": "H7F28FE58C9864ADEB1C01AA40E1C90A6", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Establishment of Fiscal Commission \n(a) Establishment of fiscal commission \n(1) Establishment \nNo later than 60 days after the date of enactment of this Act, there is established in Congress a Fiscal Commission. (2) Duties \n(A) Improve fiscal situation \n(i) In general \nThe Fiscal Commission shall identify policies to improve the fiscal situation in the medium term and to achieve a sustainable debt-to-GDP ratio of the long term, and for any recommendations related to Federal programs for which a Federal trust fund exists, to improve solvency for a period of at least 75 years. (ii) Requirements \nIn carrying out clause (i), the Fiscal Commission shall— (I) propose recommendations designed to balance the budget at the earliest reasonable date, including at minimum stabilizing the debt-to-GDP ratio at or below one hundred percent by the end of the 10-year period beginning on the date the Fiscal Commission is established; and (II) propose recommendations that meaningfully improve the long-term fiscal outlook, including changes to address the growth of direct spending and the gap between the projected revenues and expenditures of the Federal Government. (iii) Recommendations of committees \nNot later than 60 days after the date described in paragraph (1), each committee of the Senate and the House of Representatives may transmit to the Fiscal Commission any recommendations of the committee relating to changes in law to further the duties described in clause (ii). (B) Report, recommendations, and legislative language \n(i) In general \nNotwithstanding paragraph (4)(D)(ii)(II), not earlier than November 6, 2024, but not later than November 15, 2024, the Fiscal Commission shall meet to consider, and vote on— (I) a report that contains a detailed statement of the findings, conclusions, and recommendations of the Fiscal Commission described in subparagraph (A)(i) and the estimate of the Congressional Budget Office required under paragraph (4)(D)(ii); and (II) legislative language to carry out the recommendations of the Fiscal Commission in the report described in subclause (I), which shall include a statement of the economic and budgetary effects of the recommendations. (ii) Approval of report and legislative language \nA report and legislative language of the Fiscal Commission under clause (i) shall require the approval of a majority of the members of the Fiscal Commission, provided that such majority shall be required to include not less than 3 members of the Fiscal Commission appointed by members of the Republican Party and 3 members appointed by members of the Democratic party. (iii) Additional views \n(I) In general \nA member of the Fiscal Commission who gives notice of an intention to file supplemental, minority, or additional views at the time of the final Fiscal Commission vote on the approval of the report and legislative language of the Fiscal Commission under clause (i) shall be entitled to 3 days to file those views in writing with the staff director of the Fiscal Commission. (II) Inclusion in report \nViews filed under subclause (I) shall be included in the report of the Fiscal Commission under clause (i) and printed in the same volume, or part thereof, and such inclusion shall be noted on the cover of the report, except that, in the absence of timely notice, the report may be printed and transmitted immediately without such views. (iv) Report and legislative language to be made public \nUpon the approval or disapproval of a report and legislative language under clause (i) by the Fiscal Commission, the Fiscal Commission shall promptly, and not more than 24 hours after the approval or disapproval or, if timely notice is given under clause (iii), not more than 24 hours after additional views are filed under such clause, make the report, the legislative language, and a record of the vote on the report and legislative language available to the public. (v) Submission of report and legislative language \nIf a report and legislative language are approved by the Fiscal Commission under clause (i), not later than 3 days after the date on which the report and legislative language are made available to the public under clause (iv), the Fiscal Commission shall submit the report and legislative language to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority leaders of each House of Congress. (3) Membership \n(A) In general \nThe Fiscal Commission shall be composed of 16 members appointed in accordance with subparagraph (B) and with due consideration to chairs and ranking members of the committees and subcommittees of subject matter jurisdiction, if applicable. (B) Appointment \nNot later than 14 days after the date described in paragraph (1)— (i) the majority leader of the Senate shall appoint 3 individuals from among the Members of the Senate, and 1 outside expert, who shall serve as members of the Fiscal Commission; (ii) the minority leader of the Senate shall appoint 3 individuals from among the Members of the Senate, and 1 outside expert who shall serve as members of the Fiscal Commission; (iii) the Speaker of the House of Representatives shall appoint 3 individuals from among the Members of the House of Representatives, and 1 outside expert, who shall serve as members of the Fiscal Commission; and (iv) the minority leader of the House of Representatives shall appoint 3 individuals from among the Members of the House of Representatives, and 1 outside expert, who shall serve as members of the Fiscal Commission. (C) Co-chairs \n(i) In general \nNot later than 14 days after the date described in paragraph (1), with respect to the Fiscal Commission— (I) the leadership of the Senate and House of Representatives of the same political party as the President shall appoint 1 individual from among the members of the Fiscal Commission who shall serve as a co-chair of the Fiscal Commission; and (II) the leadership of the Senate and House of Representatives of the opposite political party as the President, shall appoint 1 individual from among the members of the Fiscal Commission who shall serve as a co-chair of the Fiscal Commission. (ii) Staff director \nWith respect to the Fiscal Commission, the co-chairs of the Fiscal Commission, acting jointly, shall hire the staff director of the Fiscal Commission. (D) Period of appointment \n(i) In general \nThe members of the Fiscal Commission shall be appointed for the life of the Fiscal Commission. (ii) Vacancy \n(I) In general \nAny vacancy in the Fiscal Commission shall not affect the powers of the Fiscal Commission, but shall be filled not later than 14 days after the date on which the vacancy occurs, in the same manner as the original appointment was made. (II) Ineligible members \nIf a member of the Fiscal Commission who was appointed as a Member of the Senate or the House Representatives ceases to be a Member of the Senate or the House of Representatives, as applicable— (aa) the member shall no longer be a member of the Fiscal Commission; and (bb) a vacancy in the Fiscal Commission exists. (4) Administration \n(A) In general \nWith respect to the Fiscal Commission, to enable the Fiscal Commission to exercise the powers, functions, and duties of the Fiscal Commission, there are authorized to be disbursed by the Senate the actual and necessary expenses of the Fiscal Commission approved by the co-chairs of the Fiscal Commission, subject to the rules and regulations of the Senate. (B) Expenses \nWith respect to the Fiscal Commission, in carrying out the functions of the Fiscal Commission, the Fiscal Commission is authorized to incur expenses in the same manner and under the same conditions as the Joint Economic Committee is authorized under section 11(d) of the Employment Act of 1946 ( 15 U.S.C. 1024(d) ). (C) Quorum \nWith respect to the Fiscal Commission, 9 members of the Fiscal Commission shall constitute a quorum for purposes of voting, meeting, and holding hearings. (D) Voting \n(i) Proxy voting \nNo proxy voting shall be allowed on behalf of any member of the Fiscal Commission. (ii) Congressional budget office estimates \n(I) In general \nThe Director of the Congressional Budget Office shall, with respect to the legislative language of the Fiscal Commission under paragraph (2)(B)(i)(II), provide to the Fiscal Commission— (aa) estimates of the legislative language in accordance with sections 308(a) and 201(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 639(a) and 601(f)); and (bb) information on the budgetary effect of the legislative language on the long-term fiscal outlook. (II) Limitation \nThe Fiscal Commission may not vote on any version of the report, recommendations, or legislative language of the Fiscal Commission under paragraph (2)(B)(i) unless the estimates and information described in subclause (I) of this clause are made available for consideration by all members of the Fiscal Commission not later than 48 hours before that vote, as certified by the co-chairs of the Fiscal Commission. (E) Meetings \n(i) Initial meeting \nNot later than 45 days after the date described in paragraph (1), the Fiscal Commission shall hold the first meeting of the Fiscal Commission. (ii) Agenda \nFor each meeting of the Fiscal Commission, the co-chairs of the Fiscal Commission shall provide an agenda to the members of the Fiscal Commission not later than 48 hours before the meeting. (F) Hearings \n(i) In general \nThe Fiscal Commission may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the Fiscal Commission considers advisable. (ii) Hearing procedures and responsibilities of co-chairs \n(I) Announcement \nThe co-chairs of the Fiscal Commission shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted under this subparagraph not later than 7 days before the date of the hearing, unless the co-chairs determine that there is good cause to begin such hearing on an earlier date. (II) Written statement \nA witness appearing before the Fiscal Commission shall file a written statement of the proposed testimony of the witness not later than 2 days before the date of the appearance of the witness, unless the co-chairs of the Fiscal Commission— (aa) determine that there is good cause for the witness to not file the written statement; and (bb) waive the requirement that the witness file the written statement. (G) Technical assistance \nUpon written request of the co-chairs of the Fiscal Commission, the head of a Federal agency shall provide technical assistance to the Fiscal Commission in order for the Fiscal Commission to carry out the duties of the Fiscal Commission. (H) Outside expert \nAny outside expert appointed to the Fiscal Commission— (i) shall not be considered to be a Federal employee for any purpose by reason of service on the Fiscal Commission; and (ii) shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (b) Staff of fiscal commission \n(1) In general \nThe co-chairs of the Fiscal Commission may jointly appoint and fix the compensation of staff of the Fiscal Commission as the co-chairs determine necessary, in accordance with the guidelines, rules, and requirements relating to employees of the Senate. (2) Ethical standards \n(A) Senate \nMembers appointed by Members of the Senate who serve on the Fiscal Commission and staff of the Fiscal Commission shall adhere to the ethics rules of the Senate. (B) House of representatives \nMembers appointed by Members of the House of Representatives who serve on the Fiscal Commission shall be governed by the ethics rules and requirements of the House of Representatives. (c) Termination \nThe Fiscal Commission shall terminate on the date that is 30 days after the date the Fiscal Commission submits the report under subsection (a)(2)(B)(v).", "id": "H2C50F19CBE5E498F81E7D915F1C55DD3", "header": "Establishment of Fiscal Commission", "nested": [ { "text": "(a) Establishment of fiscal commission \n(1) Establishment \nNo later than 60 days after the date of enactment of this Act, there is established in Congress a Fiscal Commission. (2) Duties \n(A) Improve fiscal situation \n(i) In general \nThe Fiscal Commission shall identify policies to improve the fiscal situation in the medium term and to achieve a sustainable debt-to-GDP ratio of the long term, and for any recommendations related to Federal programs for which a Federal trust fund exists, to improve solvency for a period of at least 75 years. (ii) Requirements \nIn carrying out clause (i), the Fiscal Commission shall— (I) propose recommendations designed to balance the budget at the earliest reasonable date, including at minimum stabilizing the debt-to-GDP ratio at or below one hundred percent by the end of the 10-year period beginning on the date the Fiscal Commission is established; and (II) propose recommendations that meaningfully improve the long-term fiscal outlook, including changes to address the growth of direct spending and the gap between the projected revenues and expenditures of the Federal Government. (iii) Recommendations of committees \nNot later than 60 days after the date described in paragraph (1), each committee of the Senate and the House of Representatives may transmit to the Fiscal Commission any recommendations of the committee relating to changes in law to further the duties described in clause (ii). (B) Report, recommendations, and legislative language \n(i) In general \nNotwithstanding paragraph (4)(D)(ii)(II), not earlier than November 6, 2024, but not later than November 15, 2024, the Fiscal Commission shall meet to consider, and vote on— (I) a report that contains a detailed statement of the findings, conclusions, and recommendations of the Fiscal Commission described in subparagraph (A)(i) and the estimate of the Congressional Budget Office required under paragraph (4)(D)(ii); and (II) legislative language to carry out the recommendations of the Fiscal Commission in the report described in subclause (I), which shall include a statement of the economic and budgetary effects of the recommendations. (ii) Approval of report and legislative language \nA report and legislative language of the Fiscal Commission under clause (i) shall require the approval of a majority of the members of the Fiscal Commission, provided that such majority shall be required to include not less than 3 members of the Fiscal Commission appointed by members of the Republican Party and 3 members appointed by members of the Democratic party. (iii) Additional views \n(I) In general \nA member of the Fiscal Commission who gives notice of an intention to file supplemental, minority, or additional views at the time of the final Fiscal Commission vote on the approval of the report and legislative language of the Fiscal Commission under clause (i) shall be entitled to 3 days to file those views in writing with the staff director of the Fiscal Commission. (II) Inclusion in report \nViews filed under subclause (I) shall be included in the report of the Fiscal Commission under clause (i) and printed in the same volume, or part thereof, and such inclusion shall be noted on the cover of the report, except that, in the absence of timely notice, the report may be printed and transmitted immediately without such views. (iv) Report and legislative language to be made public \nUpon the approval or disapproval of a report and legislative language under clause (i) by the Fiscal Commission, the Fiscal Commission shall promptly, and not more than 24 hours after the approval or disapproval or, if timely notice is given under clause (iii), not more than 24 hours after additional views are filed under such clause, make the report, the legislative language, and a record of the vote on the report and legislative language available to the public. (v) Submission of report and legislative language \nIf a report and legislative language are approved by the Fiscal Commission under clause (i), not later than 3 days after the date on which the report and legislative language are made available to the public under clause (iv), the Fiscal Commission shall submit the report and legislative language to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority leaders of each House of Congress. (3) Membership \n(A) In general \nThe Fiscal Commission shall be composed of 16 members appointed in accordance with subparagraph (B) and with due consideration to chairs and ranking members of the committees and subcommittees of subject matter jurisdiction, if applicable. (B) Appointment \nNot later than 14 days after the date described in paragraph (1)— (i) the majority leader of the Senate shall appoint 3 individuals from among the Members of the Senate, and 1 outside expert, who shall serve as members of the Fiscal Commission; (ii) the minority leader of the Senate shall appoint 3 individuals from among the Members of the Senate, and 1 outside expert who shall serve as members of the Fiscal Commission; (iii) the Speaker of the House of Representatives shall appoint 3 individuals from among the Members of the House of Representatives, and 1 outside expert, who shall serve as members of the Fiscal Commission; and (iv) the minority leader of the House of Representatives shall appoint 3 individuals from among the Members of the House of Representatives, and 1 outside expert, who shall serve as members of the Fiscal Commission. (C) Co-chairs \n(i) In general \nNot later than 14 days after the date described in paragraph (1), with respect to the Fiscal Commission— (I) the leadership of the Senate and House of Representatives of the same political party as the President shall appoint 1 individual from among the members of the Fiscal Commission who shall serve as a co-chair of the Fiscal Commission; and (II) the leadership of the Senate and House of Representatives of the opposite political party as the President, shall appoint 1 individual from among the members of the Fiscal Commission who shall serve as a co-chair of the Fiscal Commission. (ii) Staff director \nWith respect to the Fiscal Commission, the co-chairs of the Fiscal Commission, acting jointly, shall hire the staff director of the Fiscal Commission. (D) Period of appointment \n(i) In general \nThe members of the Fiscal Commission shall be appointed for the life of the Fiscal Commission. (ii) Vacancy \n(I) In general \nAny vacancy in the Fiscal Commission shall not affect the powers of the Fiscal Commission, but shall be filled not later than 14 days after the date on which the vacancy occurs, in the same manner as the original appointment was made. (II) Ineligible members \nIf a member of the Fiscal Commission who was appointed as a Member of the Senate or the House Representatives ceases to be a Member of the Senate or the House of Representatives, as applicable— (aa) the member shall no longer be a member of the Fiscal Commission; and (bb) a vacancy in the Fiscal Commission exists. (4) Administration \n(A) In general \nWith respect to the Fiscal Commission, to enable the Fiscal Commission to exercise the powers, functions, and duties of the Fiscal Commission, there are authorized to be disbursed by the Senate the actual and necessary expenses of the Fiscal Commission approved by the co-chairs of the Fiscal Commission, subject to the rules and regulations of the Senate. (B) Expenses \nWith respect to the Fiscal Commission, in carrying out the functions of the Fiscal Commission, the Fiscal Commission is authorized to incur expenses in the same manner and under the same conditions as the Joint Economic Committee is authorized under section 11(d) of the Employment Act of 1946 ( 15 U.S.C. 1024(d) ). (C) Quorum \nWith respect to the Fiscal Commission, 9 members of the Fiscal Commission shall constitute a quorum for purposes of voting, meeting, and holding hearings. (D) Voting \n(i) Proxy voting \nNo proxy voting shall be allowed on behalf of any member of the Fiscal Commission. (ii) Congressional budget office estimates \n(I) In general \nThe Director of the Congressional Budget Office shall, with respect to the legislative language of the Fiscal Commission under paragraph (2)(B)(i)(II), provide to the Fiscal Commission— (aa) estimates of the legislative language in accordance with sections 308(a) and 201(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 639(a) and 601(f)); and (bb) information on the budgetary effect of the legislative language on the long-term fiscal outlook. (II) Limitation \nThe Fiscal Commission may not vote on any version of the report, recommendations, or legislative language of the Fiscal Commission under paragraph (2)(B)(i) unless the estimates and information described in subclause (I) of this clause are made available for consideration by all members of the Fiscal Commission not later than 48 hours before that vote, as certified by the co-chairs of the Fiscal Commission. (E) Meetings \n(i) Initial meeting \nNot later than 45 days after the date described in paragraph (1), the Fiscal Commission shall hold the first meeting of the Fiscal Commission. (ii) Agenda \nFor each meeting of the Fiscal Commission, the co-chairs of the Fiscal Commission shall provide an agenda to the members of the Fiscal Commission not later than 48 hours before the meeting. (F) Hearings \n(i) In general \nThe Fiscal Commission may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the Fiscal Commission considers advisable. (ii) Hearing procedures and responsibilities of co-chairs \n(I) Announcement \nThe co-chairs of the Fiscal Commission shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted under this subparagraph not later than 7 days before the date of the hearing, unless the co-chairs determine that there is good cause to begin such hearing on an earlier date. (II) Written statement \nA witness appearing before the Fiscal Commission shall file a written statement of the proposed testimony of the witness not later than 2 days before the date of the appearance of the witness, unless the co-chairs of the Fiscal Commission— (aa) determine that there is good cause for the witness to not file the written statement; and (bb) waive the requirement that the witness file the written statement. (G) Technical assistance \nUpon written request of the co-chairs of the Fiscal Commission, the head of a Federal agency shall provide technical assistance to the Fiscal Commission in order for the Fiscal Commission to carry out the duties of the Fiscal Commission. (H) Outside expert \nAny outside expert appointed to the Fiscal Commission— (i) shall not be considered to be a Federal employee for any purpose by reason of service on the Fiscal Commission; and (ii) shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.", "id": "HDC08C02EAD894D59A988CC3763DC799D", "header": "Establishment of fiscal commission", "nested": [], "links": [ { "text": "15 U.S.C. 1024(d)", "legal-doc": "usc", "parsable-cite": "usc/15/1024" }, { "text": "2 U.S.C. 639(a)", "legal-doc": "usc", "parsable-cite": "usc/2/639" }, { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(b) Staff of fiscal commission \n(1) In general \nThe co-chairs of the Fiscal Commission may jointly appoint and fix the compensation of staff of the Fiscal Commission as the co-chairs determine necessary, in accordance with the guidelines, rules, and requirements relating to employees of the Senate. (2) Ethical standards \n(A) Senate \nMembers appointed by Members of the Senate who serve on the Fiscal Commission and staff of the Fiscal Commission shall adhere to the ethics rules of the Senate. (B) House of representatives \nMembers appointed by Members of the House of Representatives who serve on the Fiscal Commission shall be governed by the ethics rules and requirements of the House of Representatives.", "id": "HAC1A247A9FEC42AEAB23F1CD7A0A560A", "header": "Staff of fiscal commission", "nested": [], "links": [] }, { "text": "(c) Termination \nThe Fiscal Commission shall terminate on the date that is 30 days after the date the Fiscal Commission submits the report under subsection (a)(2)(B)(v).", "id": "H8BF193B1B7D943228A726D637B5F6AD6", "header": "Termination", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 1024(d)", "legal-doc": "usc", "parsable-cite": "usc/15/1024" }, { "text": "2 U.S.C. 639(a)", "legal-doc": "usc", "parsable-cite": "usc/2/639" }, { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "4. Expedited consideration of Fiscal Commission bills \n(a) Qualifying legislation \nOnly a Fiscal Commission bill shall be entitled to expedited consideration under this section. (b) Consideration in the House of Representatives \n(1) Introduction \nIf the Fiscal Commission approves and submits legislative language under clauses (i) and (v), respectively, of section 3(a)(2)(B), the Fiscal Commission bill consisting solely of that legislative language shall be introduced in the House of Representatives (by request)— (A) by the majority leader of the House of Representatives, or by a Member of the House of Representatives designated by the majority leader of the House of Representatives, on the third legislative day after the date the Fiscal Commission approves and submits such legislative language; or (B) if the Fiscal Commission bill is not introduced under subparagraph (A), by any Member of the House of Representatives on any legislative day beginning on the legislative day after the legislative day described in subparagraph (A). (2) Referral and reporting \nAny committee of the House of Representatives to which a Fiscal Commission bill is referred shall report the Fiscal Commission bill to the House of Representatives without amendment not later than 5 legislative days after the date on which the Fiscal Commission bill was so referred. If any committee of the House of Representatives to which a Fiscal Commission bill is referred fails to report the Fiscal Commission bill within that period, that committee shall be automatically discharged from consideration of the Fiscal Commission bill, and the Fiscal Commission bill shall be placed on the appropriate calendar. (3) Proceeding to consideration \nAfter the last committee authorized to consider a Fiscal Commission bill reports it to the House of Representatives or has been discharged from its consideration, it shall be in order to move to proceed to consider the Fiscal Commission bill in the House of Representatives. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed with respect to the Fiscal Commission bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. (4) Consideration \nThe Fiscal Commission bill shall be considered as read. All points of order against the Fiscal Commission bill and against its consideration are waived. The previous question shall be considered as ordered on the Fiscal Commission bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. (5) Vote on passage \nThe vote on passage of the Fiscal Commission bill shall occur pursuant to the constraints under clause 8 of rule XX of the Rules of the House of Representatives. (c) Expedited procedure in the Senate \n(1) Introduction in the Senate \nIf the Fiscal Commission approves and submits legislative language under clauses (i) and (v), respectively, of section 3(a)(2)(B), a Fiscal Commission bill consisting solely of that legislative language may be introduced in the Senate (by request)— (A) by the majority leader of the Senate, or by a Member of the Senate designated by the majority leader of the Senate, on the next day on which the Senate is in session; or (B) if the Fiscal Commission bill is not introduced under subparagraph (A), by any Member of the Senate on any day on which the Senate is in session beginning on the day after the day described in subparagraph (A). (2) Committee consideration \nA Fiscal Commission bill introduced in the Senate under paragraph (1) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the Fiscal Commission bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 5 session days after the date on which the Fiscal Commission bill was so referred. If any committee to which a Fiscal Commission bill is referred fails to report the Fiscal Commission bill within that period, that committee shall be automatically discharged from consideration of the Fiscal Commission bill, and the Fiscal Commission bill shall be placed on the appropriate calendar. (3) Proceeding \nNotwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a Fiscal Commission bill is reported or discharged from all committees to which the Fiscal Commission bill was referred, for the majority leader of the Senate or the designee of the majority leader to move to proceed to the consideration of the Fiscal Commission bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the Fiscal Commission bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the Fiscal Commission bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the Fiscal Commission bill is agreed to, the Fiscal Commission bill shall remain the unfinished business until disposed of. All points of order against a Fiscal Commission bill and against consideration of the Fiscal Commission bill are waived. (4) No amendments \nAn amendment to a Fiscal Commission bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the Fiscal Commission bill, is not in order. (5) Rulings of the chair on procedure \nAppeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a Fiscal Commission bill shall be decided without debate. (d) Amendment \nA Fiscal Commission bill shall not be subject to amendment in either the Senate or the House of Representatives. (e) Consideration by the other house \n(1) In general \nIf, before passing a Fiscal Commission bill, a House receives from the other House a Fiscal Commission bill consisting of legislative language approved by the same Fiscal Commission as the Fiscal Commission bill in the receiving House— (A) the Fiscal Commission bill of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no Fiscal Commission bill had been received from the other House until the vote on passage, when the Fiscal Commission bill received from the other House shall supplant the Fiscal Commission bill of the receiving House. (2) Revenue measures \nThis subsection shall not apply to the House of Representatives if a Fiscal Commission bill received from the Senate is a revenue measure. (f) Rules To coordinate action with other house \n(1) Treatment of fiscal commission bill of other house \nIf a Fiscal Commission bill is not introduced in the Senate or the Senate fails to consider a Fiscal Commission bill under this section, the Fiscal Commission bill of the House of Representatives consisting of legislative language approved by the same Fiscal Commission as the Fiscal Commission bill in the Senate shall be entitled to expedited floor procedures under this section. (2) Treatment of companion measures in the senate \nIf, following passage of a Fiscal Commission bill in the Senate, the Senate then receives from the House of Representatives a Fiscal Commission bill approved by the same Fiscal Commission and consisting of the same legislative language as the Senate-passed Fiscal Commission bill, the House-passed Fiscal Commission bill shall not be debatable. The vote on passage of the Fiscal Commission bill in the Senate shall be considered to be the vote on passage of the Fiscal Commission bill received from the House of Representatives. (3) Vetoes \nIf the President vetoes a Fiscal Commission bill, consideration of a veto message in the Senate under this paragraph shall be 10 hours equally divided between the majority and minority leaders of the Senate or the designees of the majority and minority leaders of the Senate.", "id": "H07897E80DA344913B8D0AF1D0C7D787E", "header": "Expedited consideration of Fiscal Commission bills", "nested": [ { "text": "(a) Qualifying legislation \nOnly a Fiscal Commission bill shall be entitled to expedited consideration under this section.", "id": "HA6B1E7805BAE4924ACC4BF6636CB771B", "header": "Qualifying legislation", "nested": [], "links": [] }, { "text": "(b) Consideration in the House of Representatives \n(1) Introduction \nIf the Fiscal Commission approves and submits legislative language under clauses (i) and (v), respectively, of section 3(a)(2)(B), the Fiscal Commission bill consisting solely of that legislative language shall be introduced in the House of Representatives (by request)— (A) by the majority leader of the House of Representatives, or by a Member of the House of Representatives designated by the majority leader of the House of Representatives, on the third legislative day after the date the Fiscal Commission approves and submits such legislative language; or (B) if the Fiscal Commission bill is not introduced under subparagraph (A), by any Member of the House of Representatives on any legislative day beginning on the legislative day after the legislative day described in subparagraph (A). (2) Referral and reporting \nAny committee of the House of Representatives to which a Fiscal Commission bill is referred shall report the Fiscal Commission bill to the House of Representatives without amendment not later than 5 legislative days after the date on which the Fiscal Commission bill was so referred. If any committee of the House of Representatives to which a Fiscal Commission bill is referred fails to report the Fiscal Commission bill within that period, that committee shall be automatically discharged from consideration of the Fiscal Commission bill, and the Fiscal Commission bill shall be placed on the appropriate calendar. (3) Proceeding to consideration \nAfter the last committee authorized to consider a Fiscal Commission bill reports it to the House of Representatives or has been discharged from its consideration, it shall be in order to move to proceed to consider the Fiscal Commission bill in the House of Representatives. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed with respect to the Fiscal Commission bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. (4) Consideration \nThe Fiscal Commission bill shall be considered as read. All points of order against the Fiscal Commission bill and against its consideration are waived. The previous question shall be considered as ordered on the Fiscal Commission bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. (5) Vote on passage \nThe vote on passage of the Fiscal Commission bill shall occur pursuant to the constraints under clause 8 of rule XX of the Rules of the House of Representatives.", "id": "H67D25A2F15F3483281EBC1677A89B841", "header": "Consideration in the House of Representatives", "nested": [], "links": [] }, { "text": "(c) Expedited procedure in the Senate \n(1) Introduction in the Senate \nIf the Fiscal Commission approves and submits legislative language under clauses (i) and (v), respectively, of section 3(a)(2)(B), a Fiscal Commission bill consisting solely of that legislative language may be introduced in the Senate (by request)— (A) by the majority leader of the Senate, or by a Member of the Senate designated by the majority leader of the Senate, on the next day on which the Senate is in session; or (B) if the Fiscal Commission bill is not introduced under subparagraph (A), by any Member of the Senate on any day on which the Senate is in session beginning on the day after the day described in subparagraph (A). (2) Committee consideration \nA Fiscal Commission bill introduced in the Senate under paragraph (1) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the Fiscal Commission bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 5 session days after the date on which the Fiscal Commission bill was so referred. If any committee to which a Fiscal Commission bill is referred fails to report the Fiscal Commission bill within that period, that committee shall be automatically discharged from consideration of the Fiscal Commission bill, and the Fiscal Commission bill shall be placed on the appropriate calendar. (3) Proceeding \nNotwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a Fiscal Commission bill is reported or discharged from all committees to which the Fiscal Commission bill was referred, for the majority leader of the Senate or the designee of the majority leader to move to proceed to the consideration of the Fiscal Commission bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the Fiscal Commission bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the Fiscal Commission bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the Fiscal Commission bill is agreed to, the Fiscal Commission bill shall remain the unfinished business until disposed of. All points of order against a Fiscal Commission bill and against consideration of the Fiscal Commission bill are waived. (4) No amendments \nAn amendment to a Fiscal Commission bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the Fiscal Commission bill, is not in order. (5) Rulings of the chair on procedure \nAppeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a Fiscal Commission bill shall be decided without debate.", "id": "H276D67EA552E4AF29D97638AE34F0BB6", "header": "Expedited procedure in the Senate", "nested": [], "links": [] }, { "text": "(d) Amendment \nA Fiscal Commission bill shall not be subject to amendment in either the Senate or the House of Representatives.", "id": "H3BB7A2F3DEC745CC8D6704DE355A05AB", "header": "Amendment", "nested": [], "links": [] }, { "text": "(e) Consideration by the other house \n(1) In general \nIf, before passing a Fiscal Commission bill, a House receives from the other House a Fiscal Commission bill consisting of legislative language approved by the same Fiscal Commission as the Fiscal Commission bill in the receiving House— (A) the Fiscal Commission bill of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no Fiscal Commission bill had been received from the other House until the vote on passage, when the Fiscal Commission bill received from the other House shall supplant the Fiscal Commission bill of the receiving House. (2) Revenue measures \nThis subsection shall not apply to the House of Representatives if a Fiscal Commission bill received from the Senate is a revenue measure.", "id": "H0EC7F08A6DE74B129488C27F9163D148", "header": "Consideration by the other house", "nested": [], "links": [] }, { "text": "(f) Rules To coordinate action with other house \n(1) Treatment of fiscal commission bill of other house \nIf a Fiscal Commission bill is not introduced in the Senate or the Senate fails to consider a Fiscal Commission bill under this section, the Fiscal Commission bill of the House of Representatives consisting of legislative language approved by the same Fiscal Commission as the Fiscal Commission bill in the Senate shall be entitled to expedited floor procedures under this section. (2) Treatment of companion measures in the senate \nIf, following passage of a Fiscal Commission bill in the Senate, the Senate then receives from the House of Representatives a Fiscal Commission bill approved by the same Fiscal Commission and consisting of the same legislative language as the Senate-passed Fiscal Commission bill, the House-passed Fiscal Commission bill shall not be debatable. The vote on passage of the Fiscal Commission bill in the Senate shall be considered to be the vote on passage of the Fiscal Commission bill received from the House of Representatives. (3) Vetoes \nIf the President vetoes a Fiscal Commission bill, consideration of a veto message in the Senate under this paragraph shall be 10 hours equally divided between the majority and minority leaders of the Senate or the designees of the majority and minority leaders of the Senate.", "id": "HBDB82C1ADAFC48DC9E6CCBC1E7E80E45", "header": "Rules To coordinate action with other house", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Funding \nFunding for the Fiscal Commission shall be derived in equal portions from— (1) the contingent fund of the Senate from the appropriations account Miscellaneous Items , subject to the rules and regulations of the Senate; and (2) the applicable accounts of the House of Representatives.", "id": "HBD0CA9989D70435DA80D84C3221A9A89", "header": "Funding", "nested": [], "links": [] }, { "text": "6. Rulemaking \nThe provisions of this Act are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and, as such, the provisions— (A) shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply; and (B) shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.", "id": "H10AF490C25584C949639B6FC0850BA24", "header": "Rulemaking", "nested": [], "links": [] } ]
6
1. Short title This Act may be cited as the Fiscal Commission Act of 2023. 2. Definitions In this Act: (1) Co-chair The term co-chair means an individual appointed to serve as a co-chair of the Fiscal Commission under section 3(a)(3)(C)(i). (2) Fiscal Commission The term Fiscal Commission means the commission established under section 3(a). (3) Fiscal commission bill The term Fiscal Commission bill means a bill consisting solely of legislative language that the Fiscal Commission approves and submits under clauses (i) and (v), respectively, of section 3(a)(2)(B). (4) Outside expert The term outside expert is an individual who is not an elected official or an officer or employee of the Federal Government or of any State. 3. Establishment of Fiscal Commission (a) Establishment of fiscal commission (1) Establishment No later than 60 days after the date of enactment of this Act, there is established in Congress a Fiscal Commission. (2) Duties (A) Improve fiscal situation (i) In general The Fiscal Commission shall identify policies to improve the fiscal situation in the medium term and to achieve a sustainable debt-to-GDP ratio of the long term, and for any recommendations related to Federal programs for which a Federal trust fund exists, to improve solvency for a period of at least 75 years. (ii) Requirements In carrying out clause (i), the Fiscal Commission shall— (I) propose recommendations designed to balance the budget at the earliest reasonable date, including at minimum stabilizing the debt-to-GDP ratio at or below one hundred percent by the end of the 10-year period beginning on the date the Fiscal Commission is established; and (II) propose recommendations that meaningfully improve the long-term fiscal outlook, including changes to address the growth of direct spending and the gap between the projected revenues and expenditures of the Federal Government. (iii) Recommendations of committees Not later than 60 days after the date described in paragraph (1), each committee of the Senate and the House of Representatives may transmit to the Fiscal Commission any recommendations of the committee relating to changes in law to further the duties described in clause (ii). (B) Report, recommendations, and legislative language (i) In general Notwithstanding paragraph (4)(D)(ii)(II), not earlier than November 6, 2024, but not later than November 15, 2024, the Fiscal Commission shall meet to consider, and vote on— (I) a report that contains a detailed statement of the findings, conclusions, and recommendations of the Fiscal Commission described in subparagraph (A)(i) and the estimate of the Congressional Budget Office required under paragraph (4)(D)(ii); and (II) legislative language to carry out the recommendations of the Fiscal Commission in the report described in subclause (I), which shall include a statement of the economic and budgetary effects of the recommendations. (ii) Approval of report and legislative language A report and legislative language of the Fiscal Commission under clause (i) shall require the approval of a majority of the members of the Fiscal Commission, provided that such majority shall be required to include not less than 3 members of the Fiscal Commission appointed by members of the Republican Party and 3 members appointed by members of the Democratic party. (iii) Additional views (I) In general A member of the Fiscal Commission who gives notice of an intention to file supplemental, minority, or additional views at the time of the final Fiscal Commission vote on the approval of the report and legislative language of the Fiscal Commission under clause (i) shall be entitled to 3 days to file those views in writing with the staff director of the Fiscal Commission. (II) Inclusion in report Views filed under subclause (I) shall be included in the report of the Fiscal Commission under clause (i) and printed in the same volume, or part thereof, and such inclusion shall be noted on the cover of the report, except that, in the absence of timely notice, the report may be printed and transmitted immediately without such views. (iv) Report and legislative language to be made public Upon the approval or disapproval of a report and legislative language under clause (i) by the Fiscal Commission, the Fiscal Commission shall promptly, and not more than 24 hours after the approval or disapproval or, if timely notice is given under clause (iii), not more than 24 hours after additional views are filed under such clause, make the report, the legislative language, and a record of the vote on the report and legislative language available to the public. (v) Submission of report and legislative language If a report and legislative language are approved by the Fiscal Commission under clause (i), not later than 3 days after the date on which the report and legislative language are made available to the public under clause (iv), the Fiscal Commission shall submit the report and legislative language to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority leaders of each House of Congress. (3) Membership (A) In general The Fiscal Commission shall be composed of 16 members appointed in accordance with subparagraph (B) and with due consideration to chairs and ranking members of the committees and subcommittees of subject matter jurisdiction, if applicable. (B) Appointment Not later than 14 days after the date described in paragraph (1)— (i) the majority leader of the Senate shall appoint 3 individuals from among the Members of the Senate, and 1 outside expert, who shall serve as members of the Fiscal Commission; (ii) the minority leader of the Senate shall appoint 3 individuals from among the Members of the Senate, and 1 outside expert who shall serve as members of the Fiscal Commission; (iii) the Speaker of the House of Representatives shall appoint 3 individuals from among the Members of the House of Representatives, and 1 outside expert, who shall serve as members of the Fiscal Commission; and (iv) the minority leader of the House of Representatives shall appoint 3 individuals from among the Members of the House of Representatives, and 1 outside expert, who shall serve as members of the Fiscal Commission. (C) Co-chairs (i) In general Not later than 14 days after the date described in paragraph (1), with respect to the Fiscal Commission— (I) the leadership of the Senate and House of Representatives of the same political party as the President shall appoint 1 individual from among the members of the Fiscal Commission who shall serve as a co-chair of the Fiscal Commission; and (II) the leadership of the Senate and House of Representatives of the opposite political party as the President, shall appoint 1 individual from among the members of the Fiscal Commission who shall serve as a co-chair of the Fiscal Commission. (ii) Staff director With respect to the Fiscal Commission, the co-chairs of the Fiscal Commission, acting jointly, shall hire the staff director of the Fiscal Commission. (D) Period of appointment (i) In general The members of the Fiscal Commission shall be appointed for the life of the Fiscal Commission. (ii) Vacancy (I) In general Any vacancy in the Fiscal Commission shall not affect the powers of the Fiscal Commission, but shall be filled not later than 14 days after the date on which the vacancy occurs, in the same manner as the original appointment was made. (II) Ineligible members If a member of the Fiscal Commission who was appointed as a Member of the Senate or the House Representatives ceases to be a Member of the Senate or the House of Representatives, as applicable— (aa) the member shall no longer be a member of the Fiscal Commission; and (bb) a vacancy in the Fiscal Commission exists. (4) Administration (A) In general With respect to the Fiscal Commission, to enable the Fiscal Commission to exercise the powers, functions, and duties of the Fiscal Commission, there are authorized to be disbursed by the Senate the actual and necessary expenses of the Fiscal Commission approved by the co-chairs of the Fiscal Commission, subject to the rules and regulations of the Senate. (B) Expenses With respect to the Fiscal Commission, in carrying out the functions of the Fiscal Commission, the Fiscal Commission is authorized to incur expenses in the same manner and under the same conditions as the Joint Economic Committee is authorized under section 11(d) of the Employment Act of 1946 ( 15 U.S.C. 1024(d) ). (C) Quorum With respect to the Fiscal Commission, 9 members of the Fiscal Commission shall constitute a quorum for purposes of voting, meeting, and holding hearings. (D) Voting (i) Proxy voting No proxy voting shall be allowed on behalf of any member of the Fiscal Commission. (ii) Congressional budget office estimates (I) In general The Director of the Congressional Budget Office shall, with respect to the legislative language of the Fiscal Commission under paragraph (2)(B)(i)(II), provide to the Fiscal Commission— (aa) estimates of the legislative language in accordance with sections 308(a) and 201(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 639(a) and 601(f)); and (bb) information on the budgetary effect of the legislative language on the long-term fiscal outlook. (II) Limitation The Fiscal Commission may not vote on any version of the report, recommendations, or legislative language of the Fiscal Commission under paragraph (2)(B)(i) unless the estimates and information described in subclause (I) of this clause are made available for consideration by all members of the Fiscal Commission not later than 48 hours before that vote, as certified by the co-chairs of the Fiscal Commission. (E) Meetings (i) Initial meeting Not later than 45 days after the date described in paragraph (1), the Fiscal Commission shall hold the first meeting of the Fiscal Commission. (ii) Agenda For each meeting of the Fiscal Commission, the co-chairs of the Fiscal Commission shall provide an agenda to the members of the Fiscal Commission not later than 48 hours before the meeting. (F) Hearings (i) In general The Fiscal Commission may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the Fiscal Commission considers advisable. (ii) Hearing procedures and responsibilities of co-chairs (I) Announcement The co-chairs of the Fiscal Commission shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted under this subparagraph not later than 7 days before the date of the hearing, unless the co-chairs determine that there is good cause to begin such hearing on an earlier date. (II) Written statement A witness appearing before the Fiscal Commission shall file a written statement of the proposed testimony of the witness not later than 2 days before the date of the appearance of the witness, unless the co-chairs of the Fiscal Commission— (aa) determine that there is good cause for the witness to not file the written statement; and (bb) waive the requirement that the witness file the written statement. (G) Technical assistance Upon written request of the co-chairs of the Fiscal Commission, the head of a Federal agency shall provide technical assistance to the Fiscal Commission in order for the Fiscal Commission to carry out the duties of the Fiscal Commission. (H) Outside expert Any outside expert appointed to the Fiscal Commission— (i) shall not be considered to be a Federal employee for any purpose by reason of service on the Fiscal Commission; and (ii) shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (b) Staff of fiscal commission (1) In general The co-chairs of the Fiscal Commission may jointly appoint and fix the compensation of staff of the Fiscal Commission as the co-chairs determine necessary, in accordance with the guidelines, rules, and requirements relating to employees of the Senate. (2) Ethical standards (A) Senate Members appointed by Members of the Senate who serve on the Fiscal Commission and staff of the Fiscal Commission shall adhere to the ethics rules of the Senate. (B) House of representatives Members appointed by Members of the House of Representatives who serve on the Fiscal Commission shall be governed by the ethics rules and requirements of the House of Representatives. (c) Termination The Fiscal Commission shall terminate on the date that is 30 days after the date the Fiscal Commission submits the report under subsection (a)(2)(B)(v). 4. Expedited consideration of Fiscal Commission bills (a) Qualifying legislation Only a Fiscal Commission bill shall be entitled to expedited consideration under this section. (b) Consideration in the House of Representatives (1) Introduction If the Fiscal Commission approves and submits legislative language under clauses (i) and (v), respectively, of section 3(a)(2)(B), the Fiscal Commission bill consisting solely of that legislative language shall be introduced in the House of Representatives (by request)— (A) by the majority leader of the House of Representatives, or by a Member of the House of Representatives designated by the majority leader of the House of Representatives, on the third legislative day after the date the Fiscal Commission approves and submits such legislative language; or (B) if the Fiscal Commission bill is not introduced under subparagraph (A), by any Member of the House of Representatives on any legislative day beginning on the legislative day after the legislative day described in subparagraph (A). (2) Referral and reporting Any committee of the House of Representatives to which a Fiscal Commission bill is referred shall report the Fiscal Commission bill to the House of Representatives without amendment not later than 5 legislative days after the date on which the Fiscal Commission bill was so referred. If any committee of the House of Representatives to which a Fiscal Commission bill is referred fails to report the Fiscal Commission bill within that period, that committee shall be automatically discharged from consideration of the Fiscal Commission bill, and the Fiscal Commission bill shall be placed on the appropriate calendar. (3) Proceeding to consideration After the last committee authorized to consider a Fiscal Commission bill reports it to the House of Representatives or has been discharged from its consideration, it shall be in order to move to proceed to consider the Fiscal Commission bill in the House of Representatives. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed with respect to the Fiscal Commission bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. (4) Consideration The Fiscal Commission bill shall be considered as read. All points of order against the Fiscal Commission bill and against its consideration are waived. The previous question shall be considered as ordered on the Fiscal Commission bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. (5) Vote on passage The vote on passage of the Fiscal Commission bill shall occur pursuant to the constraints under clause 8 of rule XX of the Rules of the House of Representatives. (c) Expedited procedure in the Senate (1) Introduction in the Senate If the Fiscal Commission approves and submits legislative language under clauses (i) and (v), respectively, of section 3(a)(2)(B), a Fiscal Commission bill consisting solely of that legislative language may be introduced in the Senate (by request)— (A) by the majority leader of the Senate, or by a Member of the Senate designated by the majority leader of the Senate, on the next day on which the Senate is in session; or (B) if the Fiscal Commission bill is not introduced under subparagraph (A), by any Member of the Senate on any day on which the Senate is in session beginning on the day after the day described in subparagraph (A). (2) Committee consideration A Fiscal Commission bill introduced in the Senate under paragraph (1) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the Fiscal Commission bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 5 session days after the date on which the Fiscal Commission bill was so referred. If any committee to which a Fiscal Commission bill is referred fails to report the Fiscal Commission bill within that period, that committee shall be automatically discharged from consideration of the Fiscal Commission bill, and the Fiscal Commission bill shall be placed on the appropriate calendar. (3) Proceeding Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a Fiscal Commission bill is reported or discharged from all committees to which the Fiscal Commission bill was referred, for the majority leader of the Senate or the designee of the majority leader to move to proceed to the consideration of the Fiscal Commission bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the Fiscal Commission bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the Fiscal Commission bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the Fiscal Commission bill is agreed to, the Fiscal Commission bill shall remain the unfinished business until disposed of. All points of order against a Fiscal Commission bill and against consideration of the Fiscal Commission bill are waived. (4) No amendments An amendment to a Fiscal Commission bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the Fiscal Commission bill, is not in order. (5) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a Fiscal Commission bill shall be decided without debate. (d) Amendment A Fiscal Commission bill shall not be subject to amendment in either the Senate or the House of Representatives. (e) Consideration by the other house (1) In general If, before passing a Fiscal Commission bill, a House receives from the other House a Fiscal Commission bill consisting of legislative language approved by the same Fiscal Commission as the Fiscal Commission bill in the receiving House— (A) the Fiscal Commission bill of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no Fiscal Commission bill had been received from the other House until the vote on passage, when the Fiscal Commission bill received from the other House shall supplant the Fiscal Commission bill of the receiving House. (2) Revenue measures This subsection shall not apply to the House of Representatives if a Fiscal Commission bill received from the Senate is a revenue measure. (f) Rules To coordinate action with other house (1) Treatment of fiscal commission bill of other house If a Fiscal Commission bill is not introduced in the Senate or the Senate fails to consider a Fiscal Commission bill under this section, the Fiscal Commission bill of the House of Representatives consisting of legislative language approved by the same Fiscal Commission as the Fiscal Commission bill in the Senate shall be entitled to expedited floor procedures under this section. (2) Treatment of companion measures in the senate If, following passage of a Fiscal Commission bill in the Senate, the Senate then receives from the House of Representatives a Fiscal Commission bill approved by the same Fiscal Commission and consisting of the same legislative language as the Senate-passed Fiscal Commission bill, the House-passed Fiscal Commission bill shall not be debatable. The vote on passage of the Fiscal Commission bill in the Senate shall be considered to be the vote on passage of the Fiscal Commission bill received from the House of Representatives. (3) Vetoes If the President vetoes a Fiscal Commission bill, consideration of a veto message in the Senate under this paragraph shall be 10 hours equally divided between the majority and minority leaders of the Senate or the designees of the majority and minority leaders of the Senate. 5. Funding Funding for the Fiscal Commission shall be derived in equal portions from— (1) the contingent fund of the Senate from the appropriations account Miscellaneous Items , subject to the rules and regulations of the Senate; and (2) the applicable accounts of the House of Representatives. 6. Rulemaking The provisions of this Act are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and, as such, the provisions— (A) shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply; and (B) shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.
22,271
[ "Budget Committee", "Rules Committee" ]
118hr291ih
118
hr
291
ih
To amend title 38, United States Code, to ensure that a member of the Armed Forces, granted a general discharge under honorable conditions on the sole basis that such member failed to obey a lawful order to receive a vaccine for COVID–19, is eligible for certain educational assistance administered by the Secretary of Veterans Affairs.
[ { "text": "1. Short title \nThis Act may be cited as the Vaccine Discharge Parity Act.", "id": "H55D3C9B0F2824AA9B22D03F288BDCB01", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Certain educational assistance for a member of the Armed Forces granted a general discharge under honorable conditions on the sole basis that such member failed to obey a lawful order to receive a vaccine for COVID–19 \n(a) All-Volunteer Force Educational Assistance \nSection 3011(a)(3)(B) of title 38, United States Code, is amended— (1) by striking an honorable discharge; and inserting an em dash; and (2) by inserting at the end the following new clauses: (i) an honorable discharge; or (ii) a general discharge under honorable conditions on the sole basis that the individual failed to obey a lawful order to receive a vaccine for COVID–19;. (b) Post-9/11 Educational Assistance \nSection 3311(c) of such title is amended by adding at the end the following new paragraph: (5) A general discharge under honorable conditions on the sole basis that the individual failed to obey a lawful order to receive a vaccine for COVID–19.. (c) Loan fees \nThe loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking January 14, 2031 each place it appears and inserting March 1, 2031.", "id": "H61D8F09D6C95419CB6EEC233AA1E29EC", "header": "Certain educational assistance for a member of the Armed Forces granted a general discharge under honorable conditions on the sole basis that such member failed to obey a lawful order to receive a vaccine for COVID–19", "nested": [ { "text": "(a) All-Volunteer Force Educational Assistance \nSection 3011(a)(3)(B) of title 38, United States Code, is amended— (1) by striking an honorable discharge; and inserting an em dash; and (2) by inserting at the end the following new clauses: (i) an honorable discharge; or (ii) a general discharge under honorable conditions on the sole basis that the individual failed to obey a lawful order to receive a vaccine for COVID–19;.", "id": "H830F727EC7A44E8D942AAC71D61CD5D2", "header": "All-Volunteer Force Educational Assistance", "nested": [], "links": [] }, { "text": "(b) Post-9/11 Educational Assistance \nSection 3311(c) of such title is amended by adding at the end the following new paragraph: (5) A general discharge under honorable conditions on the sole basis that the individual failed to obey a lawful order to receive a vaccine for COVID–19..", "id": "H9EEB28756FB04E7FB5A54AEE0BAF0BB1", "header": "Post-9/11 Educational Assistance", "nested": [], "links": [] }, { "text": "(c) Loan fees \nThe loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking January 14, 2031 each place it appears and inserting March 1, 2031.", "id": "HBBF30DD7A3F44A52B33722EB0C4F24F6", "header": "Loan fees", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Vaccine Discharge Parity Act. 2. Certain educational assistance for a member of the Armed Forces granted a general discharge under honorable conditions on the sole basis that such member failed to obey a lawful order to receive a vaccine for COVID–19 (a) All-Volunteer Force Educational Assistance Section 3011(a)(3)(B) of title 38, United States Code, is amended— (1) by striking an honorable discharge; and inserting an em dash; and (2) by inserting at the end the following new clauses: (i) an honorable discharge; or (ii) a general discharge under honorable conditions on the sole basis that the individual failed to obey a lawful order to receive a vaccine for COVID–19;. (b) Post-9/11 Educational Assistance Section 3311(c) of such title is amended by adding at the end the following new paragraph: (5) A general discharge under honorable conditions on the sole basis that the individual failed to obey a lawful order to receive a vaccine for COVID–19.. (c) Loan fees The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking January 14, 2031 each place it appears and inserting March 1, 2031.
1,187
[ "Veterans' Affairs Committee" ]
118hr6538ih
118
hr
6,538
ih
To amend title 38, United States Code, to provide for a definition of establishment, determination, or adjustment of employee compensation for purposes of the collective bargaining of certain Department of Veterans Affairs employees.
[ { "text": "1. Short title \nThis Act may be cited as the VA Correct Compensation Act of 2023.", "id": "HE01179F1F45642B7806F06D6F94A20B5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definition of establishment, determination, or adjustment of employee compensation for purposes of the collective bargaining of certain Department of Veterans Affairs employees \nSubsection (c) of section 7422 of title 38, United States Code, is amended to read as follows: (c) In this section: (1) The term professional conduct or competence means any of the following: (A) Direct patient care. (B) Clinical competence. (2) The term establishment, determination, or adjustment of employee compensation — (A) means setting a rate of pay as required by applicable law, rule, or regulation; and (B) does not include a grievance challenging whether an employee described in section 7421(b) of this title has received the correct compensation as required by law, rule, regulation, or binding agreement..", "id": "HA7BA8E399DB34E6B8E27EF18C795D8A8", "header": "Definition of establishment, determination, or adjustment of employee compensation for purposes of the collective bargaining of certain Department of Veterans Affairs employees", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the VA Correct Compensation Act of 2023. 2. Definition of establishment, determination, or adjustment of employee compensation for purposes of the collective bargaining of certain Department of Veterans Affairs employees Subsection (c) of section 7422 of title 38, United States Code, is amended to read as follows: (c) In this section: (1) The term professional conduct or competence means any of the following: (A) Direct patient care. (B) Clinical competence. (2) The term establishment, determination, or adjustment of employee compensation — (A) means setting a rate of pay as required by applicable law, rule, or regulation; and (B) does not include a grievance challenging whether an employee described in section 7421(b) of this title has received the correct compensation as required by law, rule, regulation, or binding agreement..
883
[ "Veterans' Affairs Committee" ]
118hr853ih
118
hr
853
ih
To amend titles II and XVIII of the Social Security Act to establish a Social Security Surplus Protection Account in the Federal Old-Age and Survivors Insurance Trust Fund to hold the Social Security surplus and a Medicare Surplus Protection Account in the Federal Hospital Insurance Trust Fund to hold the Medicare surplus, to provide for suspension of investment of amounts held in such Accounts until enactment of legislation providing for investment of the Trust Funds in investment vehicles other than obligations of the United States, and to establish a Social Security and Medicare Part A Investment Commission to make recommendations for alternative forms of investment of the Social Security and Medicare surpluses.
[ { "text": "1. Short title; findings \n(a) Short title \nThis Act may be cited as the Social Security and Medicare Lock-Box Act. (b) Findings regarding social security and Medicare part A \nThe Congress finds the following: (1) (A) Long-term projections show serious problems facing the fiscal health of the trust funds associated with Social Security and Medicare Hospital Insurance. (B) According to the 2020 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, the assets of the combined Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will be exhausted in 2035, and the Disability Insurance Trust Fund alone will be depleted in 2065. (C) According to the 2020 Annual Report of the Board of Trustees of the Federal Hospital Insurance, the assets of the Federal Hospital Insurance Trust Fund will be exhausted in 2026. (2) The Trustees of these trust funds encourage lawmakers to address the long-term financial challenges of the Social Security and Medicare programs as soon as possible. (3) Social Security and Medicare are meant to provide a secure and stable base so that older Americans can live in dignity. (4) Protecting the future surpluses of these trust funds can only occur when meaningful reform has been enacted by Congress. Any path to solvency must include the protection of future surpluses.", "id": "H49E7064735B14824BA37B278D4409F03", "header": "Short title; findings", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Social Security and Medicare Lock-Box Act.", "id": "HFBF150E3BBEE4B32BD6F23CDF128A0BA", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings regarding social security and Medicare part A \nThe Congress finds the following: (1) (A) Long-term projections show serious problems facing the fiscal health of the trust funds associated with Social Security and Medicare Hospital Insurance. (B) According to the 2020 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, the assets of the combined Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will be exhausted in 2035, and the Disability Insurance Trust Fund alone will be depleted in 2065. (C) According to the 2020 Annual Report of the Board of Trustees of the Federal Hospital Insurance, the assets of the Federal Hospital Insurance Trust Fund will be exhausted in 2026. (2) The Trustees of these trust funds encourage lawmakers to address the long-term financial challenges of the Social Security and Medicare programs as soon as possible. (3) Social Security and Medicare are meant to provide a secure and stable base so that older Americans can live in dignity. (4) Protecting the future surpluses of these trust funds can only occur when meaningful reform has been enacted by Congress. Any path to solvency must include the protection of future surpluses.", "id": "HC08637B31B9A403A87BDE4D309431051", "header": "Findings regarding social security and Medicare part A", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Interim protections for Social Security trust fund surplus \nSection 201(d) of the Social Security Act ( 42 U.S.C. 402(d) ) is amended— (1) by striking It shall be the duty and inserting (1) Except as provided in paragraph (2), it shall be the duty ; (2) by striking (1) on original issue at the issue price, or (2) and inserting (A) on original issue at the issue price, or (B) ; and (3) by adding at the end the following new paragraph: (2) (A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after the end of each fiscal year after fiscal year 2024, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. (B) For purposes of subparagraph (A), the term social security surplus means, for any fiscal year, the excess, if any, of— (i) the sum of— (I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year; (II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year; and (III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund; over (ii) the sum of— (I) benefits paid from the Trust Fund during the fiscal year; and (II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. (C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. (D) (i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2024, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States. (ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act...", "id": "HF318FE49069F45328952D6CEA470B09A", "header": "Interim protections for Social Security trust fund surplus", "nested": [], "links": [ { "text": "42 U.S.C. 402(d)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "section 1401(b))", "legal-doc": "usc", "parsable-cite": "usc/26/1401" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "3. Interim protections for Medicare Part A trust fund surplus \n(a) In general \nSection 1817(c) of the Social Security Act ( 42 U.S.C. 1395i(c) ) is amended— (1) by striking It shall be the duty and inserting (1) Except as provided in paragraph (2), it shall be the duty ; (2) by striking (1) on original issue at the issue price, or (2) and inserting (A) on original issue at the issue price, or (B) ; and (3) by adding at the end the following new paragraph: (2) (A) There is established in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account (in this paragraph referred to as the Account ). As soon as practicable after the end of each fiscal year after fiscal year 2024, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the Medicare part A surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. (B) For purposes of subparagraph (A), the term Medicare part A surplus means, for any fiscal year, the excess, if any, of— (i) the sum of— (I) the taxes imposed for such fiscal year by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages; and (II) the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section 1401(b) to such self-employment income; over (ii) the sum of— (I) benefits paid from the Trust Fund during the fiscal year; and (II) amounts authorized to be made available from the Trust Fund under subsection (f) of this section (or section 201(g)) which are paid from the Trust Fund during such fiscal year. (C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. (D) (i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2024, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States. (ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: This Act shall be considered to be a provision of Federal law meeting the requirements of section 1817(c)(2)(D)(i) of the Social Security Act...", "id": "HD07282E29F4B488F9B3055FB98FA3854", "header": "Interim protections for Medicare Part A trust fund surplus", "nested": [ { "text": "(a) In general \nSection 1817(c) of the Social Security Act ( 42 U.S.C. 1395i(c) ) is amended— (1) by striking It shall be the duty and inserting (1) Except as provided in paragraph (2), it shall be the duty ; (2) by striking (1) on original issue at the issue price, or (2) and inserting (A) on original issue at the issue price, or (B) ; and (3) by adding at the end the following new paragraph: (2) (A) There is established in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account (in this paragraph referred to as the Account ). As soon as practicable after the end of each fiscal year after fiscal year 2024, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the Medicare part A surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. (B) For purposes of subparagraph (A), the term Medicare part A surplus means, for any fiscal year, the excess, if any, of— (i) the sum of— (I) the taxes imposed for such fiscal year by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages; and (II) the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section 1401(b) to such self-employment income; over (ii) the sum of— (I) benefits paid from the Trust Fund during the fiscal year; and (II) amounts authorized to be made available from the Trust Fund under subsection (f) of this section (or section 201(g)) which are paid from the Trust Fund during such fiscal year. (C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. (D) (i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2024, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States. (ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: This Act shall be considered to be a provision of Federal law meeting the requirements of section 1817(c)(2)(D)(i) of the Social Security Act...", "id": "HBCEA21CE106442A9B7EC8307E7D48456", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395i(c)", "legal-doc": "usc", "parsable-cite": "usc/42/1395i" }, { "text": "section 1401(b)", "legal-doc": "usc", "parsable-cite": "usc/26/1401" } ] } ], "links": [ { "text": "42 U.S.C. 1395i(c)", "legal-doc": "usc", "parsable-cite": "usc/42/1395i" }, { "text": "section 1401(b)", "legal-doc": "usc", "parsable-cite": "usc/26/1401" } ] }, { "text": "4. Social Security and Medicare Part A Investment Commission \n(a) Establishment \nThere is established in the executive branch of the Government a Social Security and Medicare Part A Investment Commission (in this section referred to as the Commission ). (b) Study and report \nAs soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund, other than investment in the form of obligations of the United States. Not later than October 1, 2024, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition \nThe Commission shall be composed of— (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership requirements \nMembers of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of appointments \nMembers of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Administrative provisions \n(1) Meetings \nThe Commission shall meet— (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers \n(A) In general \nThe Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies \nA vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (g) Compensation \n(1) In general \nEach member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses \nA member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member’s home or regular place of business in the performance of the duties of the Commission. (h) Termination \nThe Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).", "id": "H64AB895EA63E4B169641A0D0E1C98106", "header": "Social Security and Medicare Part A Investment Commission", "nested": [ { "text": "(a) Establishment \nThere is established in the executive branch of the Government a Social Security and Medicare Part A Investment Commission (in this section referred to as the Commission ).", "id": "H84B13628D5C949FCB1EAF7FD02F07595", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Study and report \nAs soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund, other than investment in the form of obligations of the United States. Not later than October 1, 2024, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations.", "id": "H7AC93CA83BB94871B77D732DC5C064A4", "header": "Study and report", "nested": [], "links": [] }, { "text": "(c) Composition \nThe Commission shall be composed of— (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate.", "id": "HF0808D26CFC541D2991FA30B53F09C3C", "header": "Composition", "nested": [], "links": [] }, { "text": "(d) Membership requirements \nMembers of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans.", "id": "HF4171129AA8F448F82470E82E252D021", "header": "Membership requirements", "nested": [], "links": [] }, { "text": "(e) Length of appointments \nMembers of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment.", "id": "H6E43E196EACF4B679CA4BEE5B9E0D804", "header": "Length of appointments", "nested": [], "links": [] }, { "text": "(f) Administrative provisions \n(1) Meetings \nThe Commission shall meet— (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers \n(A) In general \nThe Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies \nA vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission.", "id": "H5B0905E72CA54A3B80862F562EA4D86D", "header": "Administrative provisions", "nested": [], "links": [] }, { "text": "(g) Compensation \n(1) In general \nEach member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses \nA member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member’s home or regular place of business in the performance of the duties of the Commission.", "id": "H5297717E38494B6AAE9FCC7B222B07ED", "header": "Compensation", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(h) Termination \nThe Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).", "id": "H577A3963A842405995F9B6364FCA9FC6", "header": "Termination", "nested": [], "links": [] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] } ]
4
1. Short title; findings (a) Short title This Act may be cited as the Social Security and Medicare Lock-Box Act. (b) Findings regarding social security and Medicare part A The Congress finds the following: (1) (A) Long-term projections show serious problems facing the fiscal health of the trust funds associated with Social Security and Medicare Hospital Insurance. (B) According to the 2020 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, the assets of the combined Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will be exhausted in 2035, and the Disability Insurance Trust Fund alone will be depleted in 2065. (C) According to the 2020 Annual Report of the Board of Trustees of the Federal Hospital Insurance, the assets of the Federal Hospital Insurance Trust Fund will be exhausted in 2026. (2) The Trustees of these trust funds encourage lawmakers to address the long-term financial challenges of the Social Security and Medicare programs as soon as possible. (3) Social Security and Medicare are meant to provide a secure and stable base so that older Americans can live in dignity. (4) Protecting the future surpluses of these trust funds can only occur when meaningful reform has been enacted by Congress. Any path to solvency must include the protection of future surpluses. 2. Interim protections for Social Security trust fund surplus Section 201(d) of the Social Security Act ( 42 U.S.C. 402(d) ) is amended— (1) by striking It shall be the duty and inserting (1) Except as provided in paragraph (2), it shall be the duty ; (2) by striking (1) on original issue at the issue price, or (2) and inserting (A) on original issue at the issue price, or (B) ; and (3) by adding at the end the following new paragraph: (2) (A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after the end of each fiscal year after fiscal year 2024, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. (B) For purposes of subparagraph (A), the term social security surplus means, for any fiscal year, the excess, if any, of— (i) the sum of— (I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year; (II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year; and (III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund; over (ii) the sum of— (I) benefits paid from the Trust Fund during the fiscal year; and (II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. (C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. (D) (i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2024, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States. (ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act... 3. Interim protections for Medicare Part A trust fund surplus (a) In general Section 1817(c) of the Social Security Act ( 42 U.S.C. 1395i(c) ) is amended— (1) by striking It shall be the duty and inserting (1) Except as provided in paragraph (2), it shall be the duty ; (2) by striking (1) on original issue at the issue price, or (2) and inserting (A) on original issue at the issue price, or (B) ; and (3) by adding at the end the following new paragraph: (2) (A) There is established in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account (in this paragraph referred to as the Account ). As soon as practicable after the end of each fiscal year after fiscal year 2024, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the Medicare part A surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. (B) For purposes of subparagraph (A), the term Medicare part A surplus means, for any fiscal year, the excess, if any, of— (i) the sum of— (I) the taxes imposed for such fiscal year by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages; and (II) the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section 1401(b) to such self-employment income; over (ii) the sum of— (I) benefits paid from the Trust Fund during the fiscal year; and (II) amounts authorized to be made available from the Trust Fund under subsection (f) of this section (or section 201(g)) which are paid from the Trust Fund during such fiscal year. (C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. (D) (i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2024, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States. (ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: This Act shall be considered to be a provision of Federal law meeting the requirements of section 1817(c)(2)(D)(i) of the Social Security Act... 4. Social Security and Medicare Part A Investment Commission (a) Establishment There is established in the executive branch of the Government a Social Security and Medicare Part A Investment Commission (in this section referred to as the Commission ). (b) Study and report As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund, other than investment in the form of obligations of the United States. Not later than October 1, 2024, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition The Commission shall be composed of— (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership requirements Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of appointments Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Administrative provisions (1) Meetings The Commission shall meet— (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers (A) In general The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (g) Compensation (1) In general Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member’s home or regular place of business in the performance of the duties of the Commission. (h) Termination The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).
11,351
[ "Ways and Means Committee" ]
118hr1807rh
118
hr
1,807
rh
To direct the Securities and Exchange Commission to promulgate rules with respect to the electronic delivery of certain required disclosures, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Improving Disclosure for Investors Act of 2023.", "id": "HC6D62CC102F349F78998B2AFCE314A68", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Electronic delivery \n(a) Promulgation of rules \nNot later than 180 days after the date of the enactment of this section, the Securities and Exchange Commission shall propose and, not later than 1 year after the date of the enactment of this section, the Commission shall finalize, rules, regulations, amendments, or interpretations, as appropriate, to allow a covered entity to satisfy the entity’s obligation to deliver regulatory documents required under the securities laws to investors using electronic delivery. (b) Required provisions \nRules, regulations, amendments, or interpretations the Commission promulgates pursuant to subsection (a) shall: (1) With respect to investors that do not receive all regulatory documents by electronic delivery, provide for— (A) delivery of an initial communication in paper form regarding electronic delivery; (B) a transition period not to exceed 180 days until such regulatory documents are delivered to such investors by electronic delivery; and (C) during a period not to exceed 2 years following the transition period set forth in subparagraph (B), delivery of an annual notice in paper form solely reminding such investors of the ability to opt out of electronic delivery at any time and receive paper versions of regulatory documents. (2) Set forth requirements for the content of the initial communication described in paragraph (1)(A). (3) Set forth requirements for the timing of delivery of a notice of website availability of regulatory documents and the content of the appropriate notice described in subsection (h)(3)(B). (4) Provide a mechanism for investors to opt out of electronic delivery at any time and receive paper versions of regulatory documents. (5) Require measures reasonably designed to identify and remediate failed electronic deliveries of regulatory documents. (6) Set forth minimum requirements regarding readability and retainability for regulatory documents that are delivered electronically. (7) For covered entities other than brokers, dealers, investment advisers registered with the Commission, and investment companies, require measures reasonably designed to ensure the confidentiality of personal information in regulatory documents that are delivered to investors electronically. (c) Exemption from certain requirements \nSection 101(c) of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001(c) ) shall not apply with respect to a regulatory document delivered in accordance with this section. (d) Rule of construction \nNothing in this section shall be construed as altering the substance or timing of any regulatory document obligation under the securities laws or regulations of a self-regulatory organization. (e) Treatment of revisions not completed in a timely manner \nIf the Commission fails to finalize the rules, regulations, amendments, or interpretations required under subsection (a) before the date specified in such subsection— (1) a covered entity may deliver regulatory documents using electronic delivery in accordance with subsections (b) through (d); and (2) such electronic delivery shall be deemed to satisfy the obligation of the covered entity to deliver regulatory documents required under the securities laws. (f) Other required actions \n(1) Review of rules \nThe Commission shall— (A) within 180 days of the date of enactment of this Act, conduct a review of the rules and regulations of the Commission to determine whether any such rules or regulations require delivery of written documents to investors; and (B) within 1 year of the date of enactment of this Act, promulgate amendments to such rules or regulations to provide that any requirement to deliver a regulatory document in writing may be satisfied by electronic delivery. (2) Actions by self-regulatory organizations \nEach self-regulatory organization shall adopt rules and regulations, or amend the rules and regulations of the self-regulatory organization, consistent with this Act and consistent with rules, regulations, amendments, or interpretations finalized by the Commission pursuant to subsection (a). (3) Rule of application \nThis subsection shall not apply to a rule or regulation issued pursuant to a Federal statute if that Federal statute specifically requires delivery of written documents to investors. (g) Definitions \nIn this section: (1) Commission \nThe term Commission means the Securities and Exchange Commission. (2) Covered entity \nThe term covered entity means— (A) an investment company (as defined in section 3(a)(1) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(a)(1) )) that is registered under such Act; (B) a business development company (as defined in section 2(a) the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a) )) that has elected to be regulated as such under such Act; (C) a registered broker or dealer (as defined in section 3(a)(4) and section 3(a)(5) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(4) & 78c(a)(5)); (D) a registered municipal securities dealer (as defined in section 3(a)(30) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(30) ); (E) a registered government securities broker or government securities dealer (as defined in section 3(a)(43) and section 3(a)(44) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(43) & 78c(a)(44)); (F) a registered investment adviser (as defined in section 202(a)(11) of the Investment Advisers Act of 1940) ( 15 U.S.C. 80b–1(a)(11) ); (G) a registered transfer agent (as defined in section 3(a)(25) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(25) ); or (H) a registered funding portal (as defined in the second paragraph (80) of section 3(a) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(80) ). (3) Electronic delivery \nThe term electronic delivery , with respect to regulatory documents, includes— (A) the direct delivery of such regulatory document to an electronic address of an investor; (B) the posting of such regulatory document to a website and direct electronic delivery of an appropriate notice of the availability of the regulatory document to the investor; and (C) an electronic method reasonably designed to ensure receipt of such regulatory document by the investor. (4) Regulatory documents \nThe term regulatory documents includes— (A) prospectuses meeting the requirements of section 10(a) of the Securities Act of 1933 ( 15 U.S.C. 77j(a) ); (B) summary prospectuses meeting the requirements of— (i) section 230.498 of title 17, Code of Federal Regulations; or (ii) section 230.498A of title 17, Code of Federal Regulations; (C) statements of additional information, as described under section 270.30e–3(h)(3) of title 17, Code of Federal Regulations; (D) annual and semi-annual reports to investors meeting the requirements of section 30(e) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–29(e) ); (E) notices meeting the requirements under section 270.19a–1 of title 17, Code of Federal Regulations; (F) confirmations and account statements meeting the requirements under section 240.10b–10 of title 17, Code of Federal Regulations; (G) proxy statements meeting the requirements under section 240.14a–3 of title 17, Code of Federal Regulations; (H) privacy notices meeting the requirements of Regulation S–P under subpart A of part 248 of title 17, Code of Federal Regulations; (I) affiliate marketing notices meeting the requirements of Regulation S–AM under subpart B of part 248 of title 17, Code of Federal Regulations; and (J) all other regulatory documents required to be delivered by covered entities to investors under the securities laws and the rules and regulations of the Commission and the self-regulatory organizations. (5) Securities laws \nThe term securities laws has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (6) Self-regulatory organization \nThe term self-regulatory organization means— (A) a self-regulatory organization, as defined in section 2(a)(26) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(26) ); and (B) the Municipal Securities Rulemaking Board. (7) Website \nThe term website means an internet website or other digital, internet, or electronic-based information repository, such as a mobile application, to which an investor of a covered entity has been provided reasonable access.", "id": "H107882AE501E4FBA8ECECA05E3AF1FE7", "header": "Electronic delivery", "nested": [ { "text": "(a) Promulgation of rules \nNot later than 180 days after the date of the enactment of this section, the Securities and Exchange Commission shall propose and, not later than 1 year after the date of the enactment of this section, the Commission shall finalize, rules, regulations, amendments, or interpretations, as appropriate, to allow a covered entity to satisfy the entity’s obligation to deliver regulatory documents required under the securities laws to investors using electronic delivery.", "id": "H3570B9EDABB84D32A68EC1FFFDD02898", "header": "Promulgation of rules", "nested": [], "links": [] }, { "text": "(b) Required provisions \nRules, regulations, amendments, or interpretations the Commission promulgates pursuant to subsection (a) shall: (1) With respect to investors that do not receive all regulatory documents by electronic delivery, provide for— (A) delivery of an initial communication in paper form regarding electronic delivery; (B) a transition period not to exceed 180 days until such regulatory documents are delivered to such investors by electronic delivery; and (C) during a period not to exceed 2 years following the transition period set forth in subparagraph (B), delivery of an annual notice in paper form solely reminding such investors of the ability to opt out of electronic delivery at any time and receive paper versions of regulatory documents. (2) Set forth requirements for the content of the initial communication described in paragraph (1)(A). (3) Set forth requirements for the timing of delivery of a notice of website availability of regulatory documents and the content of the appropriate notice described in subsection (h)(3)(B). (4) Provide a mechanism for investors to opt out of electronic delivery at any time and receive paper versions of regulatory documents. (5) Require measures reasonably designed to identify and remediate failed electronic deliveries of regulatory documents. (6) Set forth minimum requirements regarding readability and retainability for regulatory documents that are delivered electronically. (7) For covered entities other than brokers, dealers, investment advisers registered with the Commission, and investment companies, require measures reasonably designed to ensure the confidentiality of personal information in regulatory documents that are delivered to investors electronically.", "id": "HC4B36929FA3D424ABFE215B3418D2989", "header": "Required provisions", "nested": [], "links": [] }, { "text": "(c) Exemption from certain requirements \nSection 101(c) of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001(c) ) shall not apply with respect to a regulatory document delivered in accordance with this section.", "id": "H2E2DC545D32E4F98A06B6BB1ED905738", "header": "Exemption from certain requirements", "nested": [], "links": [ { "text": "15 U.S.C. 7001(c)", "legal-doc": "usc", "parsable-cite": "usc/15/7001" } ] }, { "text": "(d) Rule of construction \nNothing in this section shall be construed as altering the substance or timing of any regulatory document obligation under the securities laws or regulations of a self-regulatory organization.", "id": "H24DC46C7BDAB4672A7310C2DA8EA7D2D", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(e) Treatment of revisions not completed in a timely manner \nIf the Commission fails to finalize the rules, regulations, amendments, or interpretations required under subsection (a) before the date specified in such subsection— (1) a covered entity may deliver regulatory documents using electronic delivery in accordance with subsections (b) through (d); and (2) such electronic delivery shall be deemed to satisfy the obligation of the covered entity to deliver regulatory documents required under the securities laws.", "id": "H4CC88A8427EC4A018886A9C10FC1EA2B", "header": "Treatment of revisions not completed in a timely manner", "nested": [], "links": [] }, { "text": "(f) Other required actions \n(1) Review of rules \nThe Commission shall— (A) within 180 days of the date of enactment of this Act, conduct a review of the rules and regulations of the Commission to determine whether any such rules or regulations require delivery of written documents to investors; and (B) within 1 year of the date of enactment of this Act, promulgate amendments to such rules or regulations to provide that any requirement to deliver a regulatory document in writing may be satisfied by electronic delivery. (2) Actions by self-regulatory organizations \nEach self-regulatory organization shall adopt rules and regulations, or amend the rules and regulations of the self-regulatory organization, consistent with this Act and consistent with rules, regulations, amendments, or interpretations finalized by the Commission pursuant to subsection (a). (3) Rule of application \nThis subsection shall not apply to a rule or regulation issued pursuant to a Federal statute if that Federal statute specifically requires delivery of written documents to investors.", "id": "H0DC7D5F37A5444CE9ED6B9DAC07FB49F", "header": "Other required actions", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section: (1) Commission \nThe term Commission means the Securities and Exchange Commission. (2) Covered entity \nThe term covered entity means— (A) an investment company (as defined in section 3(a)(1) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(a)(1) )) that is registered under such Act; (B) a business development company (as defined in section 2(a) the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a) )) that has elected to be regulated as such under such Act; (C) a registered broker or dealer (as defined in section 3(a)(4) and section 3(a)(5) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(4) & 78c(a)(5)); (D) a registered municipal securities dealer (as defined in section 3(a)(30) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(30) ); (E) a registered government securities broker or government securities dealer (as defined in section 3(a)(43) and section 3(a)(44) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(43) & 78c(a)(44)); (F) a registered investment adviser (as defined in section 202(a)(11) of the Investment Advisers Act of 1940) ( 15 U.S.C. 80b–1(a)(11) ); (G) a registered transfer agent (as defined in section 3(a)(25) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(25) ); or (H) a registered funding portal (as defined in the second paragraph (80) of section 3(a) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(80) ). (3) Electronic delivery \nThe term electronic delivery , with respect to regulatory documents, includes— (A) the direct delivery of such regulatory document to an electronic address of an investor; (B) the posting of such regulatory document to a website and direct electronic delivery of an appropriate notice of the availability of the regulatory document to the investor; and (C) an electronic method reasonably designed to ensure receipt of such regulatory document by the investor. (4) Regulatory documents \nThe term regulatory documents includes— (A) prospectuses meeting the requirements of section 10(a) of the Securities Act of 1933 ( 15 U.S.C. 77j(a) ); (B) summary prospectuses meeting the requirements of— (i) section 230.498 of title 17, Code of Federal Regulations; or (ii) section 230.498A of title 17, Code of Federal Regulations; (C) statements of additional information, as described under section 270.30e–3(h)(3) of title 17, Code of Federal Regulations; (D) annual and semi-annual reports to investors meeting the requirements of section 30(e) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–29(e) ); (E) notices meeting the requirements under section 270.19a–1 of title 17, Code of Federal Regulations; (F) confirmations and account statements meeting the requirements under section 240.10b–10 of title 17, Code of Federal Regulations; (G) proxy statements meeting the requirements under section 240.14a–3 of title 17, Code of Federal Regulations; (H) privacy notices meeting the requirements of Regulation S–P under subpart A of part 248 of title 17, Code of Federal Regulations; (I) affiliate marketing notices meeting the requirements of Regulation S–AM under subpart B of part 248 of title 17, Code of Federal Regulations; and (J) all other regulatory documents required to be delivered by covered entities to investors under the securities laws and the rules and regulations of the Commission and the self-regulatory organizations. (5) Securities laws \nThe term securities laws has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (6) Self-regulatory organization \nThe term self-regulatory organization means— (A) a self-regulatory organization, as defined in section 2(a)(26) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(26) ); and (B) the Municipal Securities Rulemaking Board. (7) Website \nThe term website means an internet website or other digital, internet, or electronic-based information repository, such as a mobile application, to which an investor of a covered entity has been provided reasonable access.", "id": "H33E3BCA5B77F44858060090AE7160FEA", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 80a–3(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/80a-3" }, { "text": "15 U.S.C. 80a–2(a)", "legal-doc": "usc", "parsable-cite": "usc/15/80a-2" }, { "text": "15 U.S.C. 78c(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(a)(30)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(a)(43)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 80b–1(a)(11)", "legal-doc": "usc", "parsable-cite": "usc/15/80b-1" }, { "text": "15 U.S.C. 78c(a)(25)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(a)(80)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 77j(a)", "legal-doc": "usc", "parsable-cite": "usc/15/77j" }, { "text": "15 U.S.C. 80a–29(e)", "legal-doc": "usc", "parsable-cite": "usc/15/80a-29" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(a)(26)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" } ] } ], "links": [ { "text": "15 U.S.C. 7001(c)", "legal-doc": "usc", "parsable-cite": "usc/15/7001" }, { "text": "15 U.S.C. 80a–3(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/80a-3" }, { "text": "15 U.S.C. 80a–2(a)", "legal-doc": "usc", "parsable-cite": "usc/15/80a-2" }, { "text": "15 U.S.C. 78c(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(a)(30)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(a)(43)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 80b–1(a)(11)", "legal-doc": "usc", "parsable-cite": "usc/15/80b-1" }, { "text": "15 U.S.C. 78c(a)(25)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(a)(80)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 77j(a)", "legal-doc": "usc", "parsable-cite": "usc/15/77j" }, { "text": "15 U.S.C. 80a–29(e)", "legal-doc": "usc", "parsable-cite": "usc/15/80a-29" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(a)(26)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" } ] } ]
2
1. Short title This Act may be cited as the Improving Disclosure for Investors Act of 2023. 2. Electronic delivery (a) Promulgation of rules Not later than 180 days after the date of the enactment of this section, the Securities and Exchange Commission shall propose and, not later than 1 year after the date of the enactment of this section, the Commission shall finalize, rules, regulations, amendments, or interpretations, as appropriate, to allow a covered entity to satisfy the entity’s obligation to deliver regulatory documents required under the securities laws to investors using electronic delivery. (b) Required provisions Rules, regulations, amendments, or interpretations the Commission promulgates pursuant to subsection (a) shall: (1) With respect to investors that do not receive all regulatory documents by electronic delivery, provide for— (A) delivery of an initial communication in paper form regarding electronic delivery; (B) a transition period not to exceed 180 days until such regulatory documents are delivered to such investors by electronic delivery; and (C) during a period not to exceed 2 years following the transition period set forth in subparagraph (B), delivery of an annual notice in paper form solely reminding such investors of the ability to opt out of electronic delivery at any time and receive paper versions of regulatory documents. (2) Set forth requirements for the content of the initial communication described in paragraph (1)(A). (3) Set forth requirements for the timing of delivery of a notice of website availability of regulatory documents and the content of the appropriate notice described in subsection (h)(3)(B). (4) Provide a mechanism for investors to opt out of electronic delivery at any time and receive paper versions of regulatory documents. (5) Require measures reasonably designed to identify and remediate failed electronic deliveries of regulatory documents. (6) Set forth minimum requirements regarding readability and retainability for regulatory documents that are delivered electronically. (7) For covered entities other than brokers, dealers, investment advisers registered with the Commission, and investment companies, require measures reasonably designed to ensure the confidentiality of personal information in regulatory documents that are delivered to investors electronically. (c) Exemption from certain requirements Section 101(c) of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001(c) ) shall not apply with respect to a regulatory document delivered in accordance with this section. (d) Rule of construction Nothing in this section shall be construed as altering the substance or timing of any regulatory document obligation under the securities laws or regulations of a self-regulatory organization. (e) Treatment of revisions not completed in a timely manner If the Commission fails to finalize the rules, regulations, amendments, or interpretations required under subsection (a) before the date specified in such subsection— (1) a covered entity may deliver regulatory documents using electronic delivery in accordance with subsections (b) through (d); and (2) such electronic delivery shall be deemed to satisfy the obligation of the covered entity to deliver regulatory documents required under the securities laws. (f) Other required actions (1) Review of rules The Commission shall— (A) within 180 days of the date of enactment of this Act, conduct a review of the rules and regulations of the Commission to determine whether any such rules or regulations require delivery of written documents to investors; and (B) within 1 year of the date of enactment of this Act, promulgate amendments to such rules or regulations to provide that any requirement to deliver a regulatory document in writing may be satisfied by electronic delivery. (2) Actions by self-regulatory organizations Each self-regulatory organization shall adopt rules and regulations, or amend the rules and regulations of the self-regulatory organization, consistent with this Act and consistent with rules, regulations, amendments, or interpretations finalized by the Commission pursuant to subsection (a). (3) Rule of application This subsection shall not apply to a rule or regulation issued pursuant to a Federal statute if that Federal statute specifically requires delivery of written documents to investors. (g) Definitions In this section: (1) Commission The term Commission means the Securities and Exchange Commission. (2) Covered entity The term covered entity means— (A) an investment company (as defined in section 3(a)(1) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(a)(1) )) that is registered under such Act; (B) a business development company (as defined in section 2(a) the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a) )) that has elected to be regulated as such under such Act; (C) a registered broker or dealer (as defined in section 3(a)(4) and section 3(a)(5) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(4) & 78c(a)(5)); (D) a registered municipal securities dealer (as defined in section 3(a)(30) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(30) ); (E) a registered government securities broker or government securities dealer (as defined in section 3(a)(43) and section 3(a)(44) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(43) & 78c(a)(44)); (F) a registered investment adviser (as defined in section 202(a)(11) of the Investment Advisers Act of 1940) ( 15 U.S.C. 80b–1(a)(11) ); (G) a registered transfer agent (as defined in section 3(a)(25) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(25) ); or (H) a registered funding portal (as defined in the second paragraph (80) of section 3(a) of the Securities Exchange Act of 1934) ( 15 U.S.C. 78c(a)(80) ). (3) Electronic delivery The term electronic delivery , with respect to regulatory documents, includes— (A) the direct delivery of such regulatory document to an electronic address of an investor; (B) the posting of such regulatory document to a website and direct electronic delivery of an appropriate notice of the availability of the regulatory document to the investor; and (C) an electronic method reasonably designed to ensure receipt of such regulatory document by the investor. (4) Regulatory documents The term regulatory documents includes— (A) prospectuses meeting the requirements of section 10(a) of the Securities Act of 1933 ( 15 U.S.C. 77j(a) ); (B) summary prospectuses meeting the requirements of— (i) section 230.498 of title 17, Code of Federal Regulations; or (ii) section 230.498A of title 17, Code of Federal Regulations; (C) statements of additional information, as described under section 270.30e–3(h)(3) of title 17, Code of Federal Regulations; (D) annual and semi-annual reports to investors meeting the requirements of section 30(e) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–29(e) ); (E) notices meeting the requirements under section 270.19a–1 of title 17, Code of Federal Regulations; (F) confirmations and account statements meeting the requirements under section 240.10b–10 of title 17, Code of Federal Regulations; (G) proxy statements meeting the requirements under section 240.14a–3 of title 17, Code of Federal Regulations; (H) privacy notices meeting the requirements of Regulation S–P under subpart A of part 248 of title 17, Code of Federal Regulations; (I) affiliate marketing notices meeting the requirements of Regulation S–AM under subpart B of part 248 of title 17, Code of Federal Regulations; and (J) all other regulatory documents required to be delivered by covered entities to investors under the securities laws and the rules and regulations of the Commission and the self-regulatory organizations. (5) Securities laws The term securities laws has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (6) Self-regulatory organization The term self-regulatory organization means— (A) a self-regulatory organization, as defined in section 2(a)(26) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(26) ); and (B) the Municipal Securities Rulemaking Board. (7) Website The term website means an internet website or other digital, internet, or electronic-based information repository, such as a mobile application, to which an investor of a covered entity has been provided reasonable access.
8,468
[ "Financial Services Committee" ]
118hr6815ih
118
hr
6,815
ih
To require the Nuclear Regulatory Commission to revise its regulations to protect patients from unintended exposure to radiation during nuclear medicine procedures, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Nuclear Medicine Clarification Act of 2023.", "id": "HE7BB8B1047654D4E9638A836AE8101DC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Medical event reporting of unintended irradiation \n(a) Revision of regulations required \nNot later than 120 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall revise section 35.3045(a)(1) of title 10, Code of Federal Regulations, by adding at the end the following: (iv) A dose that is due to an extravasation and exceeds— (A) 0.5 Sv (50 rem) dose equivalent to the 5 cubic centimeter volume of tissue receiving the highest absorbed dose during residence time; or (B) 0.5 Sv (50 rem) shallow dose equivalent to the contiguous 10 square centimeters of skin receiving the highest absorbed dose during residence time.. (b) Effective date \nThe revision required under subsection (a) shall take effect on the date that is 18 months after the date of enactment of this Act.", "id": "H4469BABE15334CACA624791A3F18B2D3", "header": "Medical event reporting of unintended irradiation", "nested": [ { "text": "(a) Revision of regulations required \nNot later than 120 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall revise section 35.3045(a)(1) of title 10, Code of Federal Regulations, by adding at the end the following: (iv) A dose that is due to an extravasation and exceeds— (A) 0.5 Sv (50 rem) dose equivalent to the 5 cubic centimeter volume of tissue receiving the highest absorbed dose during residence time; or (B) 0.5 Sv (50 rem) shallow dose equivalent to the contiguous 10 square centimeters of skin receiving the highest absorbed dose during residence time..", "id": "H1DC35DA63A824A0BA613B3376C9F035A", "header": "Revision of regulations required", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe revision required under subsection (a) shall take effect on the date that is 18 months after the date of enactment of this Act.", "id": "HD78BC2693D614EA5A72A15B5B60FCE82", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Nuclear Medicine Clarification Act of 2023. 2. Medical event reporting of unintended irradiation (a) Revision of regulations required Not later than 120 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall revise section 35.3045(a)(1) of title 10, Code of Federal Regulations, by adding at the end the following: (iv) A dose that is due to an extravasation and exceeds— (A) 0.5 Sv (50 rem) dose equivalent to the 5 cubic centimeter volume of tissue receiving the highest absorbed dose during residence time; or (B) 0.5 Sv (50 rem) shallow dose equivalent to the contiguous 10 square centimeters of skin receiving the highest absorbed dose during residence time.. (b) Effective date The revision required under subsection (a) shall take effect on the date that is 18 months after the date of enactment of this Act.
894
[ "Energy and Commerce Committee" ]
118hr1262ih
118
hr
1,262
ih
To amend the Internal Revenue Code of 1986 to increase the applicable dollar amount for qualified carbon oxide which is captured and utilized for purposes of the carbon oxide sequestration credit.
[ { "text": "1. Short title \nThis Act may be cited as the CCU Parity Act of 2023.", "id": "H1974838433404A88836C0CE03B738A1E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Increase applicable dollar amount for qualified carbon oxide which is captured and utilized \n(a) In general \nSection 45Q(b)(1)(A) of the Internal Revenue Code of 1986 is amended— (1) in clause (i), by striking subclause (II) and inserting the following— (II) for purposes of paragraph (4) of such subsection— (aa) with respect to any qualified carbon oxide which is captured and used in the manner described in clause (i) of paragraph (4)(B) of such subsection, $12, and (bb) with respect to any qualified carbon oxide which is captured and utilized in the manner described in clause (ii) of paragraph (4)(B) of such subsection, $17, and , and (2) in clause (ii), by striking subclause (II) and inserting the following: (II) for purposes of paragraph (4) of such subsection— (aa) with respect to any qualified carbon oxide which is captured and used in the manner described in clause (i) of paragraph (4)(B) of such subsection, an amount equal to the product of $12 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990 , and (bb) with respect to any qualified carbon oxide which is captured and utilized in the manner described in clause (ii) of paragraph (4)(B) of such subsection, an amount equal to the product of $17 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990.. (b) Effective date \nThe amendments made by this section shall apply to carbon oxide captured and utilized after December 31, 2023.", "id": "H037C6E6390CC4C50AC6901C196D4BB08", "header": "Increase applicable dollar amount for qualified carbon oxide which is captured and utilized", "nested": [ { "text": "(a) In general \nSection 45Q(b)(1)(A) of the Internal Revenue Code of 1986 is amended— (1) in clause (i), by striking subclause (II) and inserting the following— (II) for purposes of paragraph (4) of such subsection— (aa) with respect to any qualified carbon oxide which is captured and used in the manner described in clause (i) of paragraph (4)(B) of such subsection, $12, and (bb) with respect to any qualified carbon oxide which is captured and utilized in the manner described in clause (ii) of paragraph (4)(B) of such subsection, $17, and , and (2) in clause (ii), by striking subclause (II) and inserting the following: (II) for purposes of paragraph (4) of such subsection— (aa) with respect to any qualified carbon oxide which is captured and used in the manner described in clause (i) of paragraph (4)(B) of such subsection, an amount equal to the product of $12 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990 , and (bb) with respect to any qualified carbon oxide which is captured and utilized in the manner described in clause (ii) of paragraph (4)(B) of such subsection, an amount equal to the product of $17 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990..", "id": "H3E7D67E5F92141B3A40ED69DC5FFC595", "header": "In general", "nested": [], "links": [ { "text": "Section 45Q(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/45Q" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply to carbon oxide captured and utilized after December 31, 2023.", "id": "H6D2A38DA68644C0A89D49AF794B3A672", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 45Q(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/45Q" } ] } ]
2
1. Short title This Act may be cited as the CCU Parity Act of 2023. 2. Increase applicable dollar amount for qualified carbon oxide which is captured and utilized (a) In general Section 45Q(b)(1)(A) of the Internal Revenue Code of 1986 is amended— (1) in clause (i), by striking subclause (II) and inserting the following— (II) for purposes of paragraph (4) of such subsection— (aa) with respect to any qualified carbon oxide which is captured and used in the manner described in clause (i) of paragraph (4)(B) of such subsection, $12, and (bb) with respect to any qualified carbon oxide which is captured and utilized in the manner described in clause (ii) of paragraph (4)(B) of such subsection, $17, and , and (2) in clause (ii), by striking subclause (II) and inserting the following: (II) for purposes of paragraph (4) of such subsection— (aa) with respect to any qualified carbon oxide which is captured and used in the manner described in clause (i) of paragraph (4)(B) of such subsection, an amount equal to the product of $12 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990 , and (bb) with respect to any qualified carbon oxide which is captured and utilized in the manner described in clause (ii) of paragraph (4)(B) of such subsection, an amount equal to the product of $17 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990.. (b) Effective date The amendments made by this section shall apply to carbon oxide captured and utilized after December 31, 2023.
1,694
[ "Ways and Means Committee" ]
118hr3384ih
118
hr
3,384
ih
To amend title 49, United States Code, to permit the use of Federal funds to pay for travel costs of Federal personnel and their pets, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Better Foreign Policy Through Better Pet Policy Act.", "id": "H7BA30BB3BD55452891037383768ABB9A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Fly America Act exception \nSection 40118 of title 49, United States Code, is amended by adding at the end the following: (h) Certain transportation of domesticated animals \n(1) In general \nNotwithstanding subsections (a) and (c), an appropriation to any department, agency, or instrumentality of the United States Government may be used to pay for the transportation of Federal personnel, dependent of the Federal personnel, and in-cabin or accompanying checked baggage or cargo, by a foreign air carrier when— (A) the transportation is from a place— (i) outside the United States to a place in the United States; (ii) in the United States to a place outside the United States; or (iii) between two places outside the United States; and (B) no air carrier holding a certificate under section 41102 is willing and able to transport up to three domesticated animals accompanying such Federal personnel or dependent. (2) Limitation \nAn amount paid pursuant to paragraph (1) for transportation by a foreign air carrier may not be greater than the amount that would otherwise have been paid had the transportation been on an air carrier holding a certificate under section 41102 had that carrier been willing and able to provide such transportation. If the amount that would otherwise have been paid to such an air carrier is less than the cost of transportation on the applicable foreign air carrier, the Federal personnel shall pay the difference of such amount. (3) Definition \nIn this subsection: (A) Domesticated animal \nThe term domesticated animal means a dog or a cat, or any other animal the Secretary deems appropriate for reimbursement under this section. (B) Federal personnel \nThe term Federal personnel means any officer or employee of the United States Government, including any member of the uniformed services (as that term is defined in section 2101 of title 5), the Foreign Service, and any Peace Corp volunteer. (C) Peace corps volunteer \nThe term Peace Corps volunteer means an individual described in section 5(a) of the Peace Corps Act ( 22 U.S.C. 2504(a) )..", "id": "H70C1DC11ED214064AF2C363FC4D448C6", "header": "Fly America Act exception", "nested": [], "links": [ { "text": "22 U.S.C. 2504(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2504" } ] } ]
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1. Short title This Act may be cited as the Better Foreign Policy Through Better Pet Policy Act. 2. Fly America Act exception Section 40118 of title 49, United States Code, is amended by adding at the end the following: (h) Certain transportation of domesticated animals (1) In general Notwithstanding subsections (a) and (c), an appropriation to any department, agency, or instrumentality of the United States Government may be used to pay for the transportation of Federal personnel, dependent of the Federal personnel, and in-cabin or accompanying checked baggage or cargo, by a foreign air carrier when— (A) the transportation is from a place— (i) outside the United States to a place in the United States; (ii) in the United States to a place outside the United States; or (iii) between two places outside the United States; and (B) no air carrier holding a certificate under section 41102 is willing and able to transport up to three domesticated animals accompanying such Federal personnel or dependent. (2) Limitation An amount paid pursuant to paragraph (1) for transportation by a foreign air carrier may not be greater than the amount that would otherwise have been paid had the transportation been on an air carrier holding a certificate under section 41102 had that carrier been willing and able to provide such transportation. If the amount that would otherwise have been paid to such an air carrier is less than the cost of transportation on the applicable foreign air carrier, the Federal personnel shall pay the difference of such amount. (3) Definition In this subsection: (A) Domesticated animal The term domesticated animal means a dog or a cat, or any other animal the Secretary deems appropriate for reimbursement under this section. (B) Federal personnel The term Federal personnel means any officer or employee of the United States Government, including any member of the uniformed services (as that term is defined in section 2101 of title 5), the Foreign Service, and any Peace Corp volunteer. (C) Peace corps volunteer The term Peace Corps volunteer means an individual described in section 5(a) of the Peace Corps Act ( 22 U.S.C. 2504(a) )..
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[ "Transportation and Infrastructure Committee" ]
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To abolish the death penalty under Federal law.
[ { "text": "1. Short title \nThis Act may be cited as the Federal Death Penalty Abolition Act of 2023.", "id": "HD95AAC68D07D4194BC07BD74EA72024F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Repeal of Federal laws providing for the death penalty \n(a) Homicide-Related offenses \n(1) Murder related to the smuggling of aliens \nSection 274(a)(1)(B)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(B)(iv) ) is amended by striking punished by death or. (2) Destruction of aircraft, motor vehicles, or related facilities resulting in death \nSection 34 of title 18, United States Code, is amended by striking to the death penalty or. (3) Murder committed during a drug-related drive-by shooting \nSection 36(b)(2)(A) of title 18, United States Code, is amended by striking death or. (4) Murder committed at an airport serving international civil aviation \nSection 37(a) of title 18, United States Code, is amended, in the matter following paragraph (2), by striking punished by death or. (5) Murder committed using chemical weapons \nSection 229A(a)(2) of title 18, United States Code, is amended— (A) in the paragraph heading, by striking Death penalty and inserting Causing death ; and (B) by striking punished by death or. (6) Civil rights offenses resulting in death \nChapter 13 of title 18, United States Code, is amended— (A) in section 241, by striking , or may be sentenced to death ; (B) in section 242, by striking , or may be sentenced to death ; (C) in section 245(b), by striking , or may be sentenced to death ; and (D) in section 247(d)(1), by striking , or may be sentenced to death. (7) Murder of a member of congress, an important executive official, or a supreme court justice \nSection 351 of title 18, United States Code, is amended— (A) in subsection (b)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period; and (B) in subsection (d)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period. (8) Death resulting from offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce \nSection 844 of title 18, United States Code, is amended— (A) in subsection (d), by striking or to the death penalty ; (B) in subsection (f)(3), by striking subject to the death penalty, or ; (C) in subsection (i), by striking or to the death penalty ; and (D) in subsection (n), by striking (other than the penalty of death). (9) Murder committed by use of a firearm or armor piercing ammunition during commission of a crime of violence or a drug trafficking crime \nSection 924 of title 18, United States Code, is amended— (A) in subsection (c)(5)(B)(i), by striking punished by death or ; and (B) in subsection (j)(1), by striking by death or. (10) Genocide \nSection 1091(b)(1) of title 18, United States Code, is amended by striking death or. (11) First degree murder \nSection 1111(b) of title 18, United States Code, is amended by striking by death or. (12) Murder by a Federal prisoner \nSection 1118 of title 18, United States Code, is amended— (A) in subsection (a), by striking by death or ; and (B) in subsection (b), in the third undesignated paragraph— (i) by inserting or before an indeterminate ; and (ii) by striking , or an unexecuted sentence of death. (13) Murder of a State or local law enforcement official or other person aiding in a Federal investigation; murder of a State correctional officer \nSection 1121 of title 18, United States Code, is amended— (A) in subsection (a), by striking by sentence of death or ; and (B) in subsection (b)(1), by striking or death. (14) Murder during a kidnapping \nSection 1201(a) of title 18, United States Code, is amended by striking death or. (15) Murder during a hostage-taking \nSection 1203(a) of title 18, United States Code, is amended by striking death or. (16) Mailing of injurious articles with intent to kill or resulting in death \nSection 1716(j)(3) of title 18, United States Code, is amended by striking to the death penalty or. (17) Assassination or kidnapping resulting in the death of the president or vice president \nSection 1751 of title 18, United States Code, is amended— (A) in subsection (b)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period; and (B) in subsection (d)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period. (18) Murder for hire \nSection 1958(a) of title 18, United States Code, is amended by striking death or. (19) Murder involved in a racketeering offense \nSection 1959(a)(1) of title 18, United States Code, is amended by striking death or. (20) Willful wrecking of a train resulting in death \nSection 1992 of title 18, United States Code, is amended— (A) in subsection (a), in the matter following paragraph (10), by striking or subject to death, ; and (B) in subsection (b), in the matter following paragraph (3), by striking , and if the offense resulted in the death of any person, the person may be sentenced to death. (21) Bank robbery-related murder or kidnapping \nSection 2113(e) of title 18, United States Code, is amended by striking death or. (22) Murder related to a carjacking \nSection 2119(3) of title 18, United States Code, is amended by striking , or sentenced to death. (23) Murder related to aggravated child sexual abuse \nSection 2241(c) of title 18, United States Code, is amended by striking unless the death penalty is imposed,. (24) Murder related to sexual abuse \nSection 2245 of title 18, United States Code, is amended by striking punished by death or. (25) Murder related to sexual exploitation of children \nSection 2251(e) of title 18, United States Code, is amended by striking punished by death or. (26) Murder committed during an offense against maritime navigation \nSection 2280(a)(1) of title 18, United States Code, is amended by striking punished by death or. (27) Murder committed during an offense against a maritime fixed platform \nSection 2281(a)(1) of title 18, United States Code, is amended by striking punished by death or. (28) Murder using devices or dangerous substances in waters of the United States \nSection 2282A of title 18, United States Code, is amended— (A) by striking subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (29) Murder involving the transportation of explosive, biological, chemical, or radioactive or nuclear materials \nSection 2283 of title 18, United States Code, is amended— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). (30) Murder involving the destruction of vessel or maritime facility \nSection 2291(d) of title 18, United States Code, is amended by striking to the death penalty or. (31) Murder of a United States national in another country \nSection 2332(a)(1) of title 18, United States Code, is amended by striking death or. (32) Murder by the use of a weapon of mass destruction \nSection 2332a of title 18, United States Code, is amended— (A) in subsection (a), in the matter following paragraph (4), by striking , and if death results shall be punished by death and all that follows through the end of the subsection and inserting a period; and (B) in subsection (b), by striking , and if death results shall be punished by death and all that follows through the end of the subsection and inserting a period. (33) Murder by Act of terrorism transcending national boundaries \nSection 2332b(c)(1)(A) of title 18, United States Code, is amended by striking by death, or. (34) Murder involving torture \nSection 2340A(a) of title 18, United States Code, is amended by striking punished by death or. (35) Murder involving a war crime \nSection 2441(a) of title 18, United States Code, is amended by striking , and if death results to the victim, shall also be subject to the penalty of death. (36) Murder related to a continuing criminal enterprise or related murder of a Federal, State, or local law enforcement officer \nSection 408(e) of the Controlled Substances Act ( 21 U.S.C. 848(e) ) is amended— (A) in the subsection heading, by striking Death penalty and inserting Intentional killing ; and (B) in paragraph (1)— (i) subparagraph (A), by striking , or may be sentenced to death ; and (ii) in subparagraph (B), by striking , or may be sentenced to death. (37) Death resulting from aircraft hijacking \nSection 46502 of title 49, United States Code, is amended— (A) in subsection (a)(2)(B), by striking put to death or ; and (B) in subsection (b)(1)(B), by striking put to death or. (b) Non-Homicide related offenses \n(1) Espionage \nSection 794(a) of title 18, United States Code, is amended by striking punished by death or and all that follows before the period and inserting imprisoned for any term of years or for life. (2) Treason \nSection 2381 of title 18, United States Code, is amended by striking shall suffer death, or. (c) Title 10 \n(1) In general \nSection 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice) is amended by inserting before the period at the end the following: “, except that the punishment may not include death”. (2) Offenses \n(A) Conspiracy \nSection 881(b) of title 10, United States Code (article 81(b)), is amended by striking , if death results and all that follows through the end and inserting as a court-martial or military commission may direct.. (B) Desertion \nSection 885(c) of title 10, United States Code (article 85(c)), is amended by striking , if the offense is committed in time of war and all that follows through the end and inserting as a court-martial may direct. (C) Assaulting or willfully disobeying superior commissioned officer \nSection 890 of title 10, United States Code (article 90), is amended by striking shall be punished and all that follows through the end and inserting shall be punished as a court-martial may direct.. (D) Mutiny or sedition \nSection 894(b) of title 10, United States Code (article 94(b)), is amended by striking by death or such other punishment. (E) Misbehavior before the enemy \nSection 899 of title 10, United States Code (article 99), is amended by striking by death or such other punishment. (F) Subordinate compelling surrender \nSection 900 of title 10, United States Code (article 100), is amended by striking by death or such other punishment. (G) Improper use of countersign \nSection 901 of title 10, United States Code (article 101), is amended by striking by death or such other punishment. (H) Forcing a safeguard \nSection 902 of title 10, United States Code (article 102), is amended by striking suffer death and all that follows and inserting be punished as a court-martial may direct.. (I) Aiding the enemy \nSection 903b of title 10, United States Code (article 103b), is amended by striking suffer death or such other punishment as a court-martial or military commission may direct and inserting be punished as a court-martial or military commission may direct. (J) Spies \nSection 903 of title 10, United States Code (article 103), is amended by striking by death and inserting by imprisonment for life. (K) Espionage \nSection 903a of title 10, United States Code (article 103a), is amended— (i) by striking subsections (b) and (c); (ii) by redesignating paragraphs (2) and (3) of subsection (a) as subsections (b) and (c), respectively; (iii) in subsection (a)— (I) by striking (1) ; (II) by striking paragraph (2) and inserting subsection (b) ; (III) by striking paragraph (3) and inserting subsection (c) ; and (IV) by striking as a court-martial may direct, and all that follows and inserting as a court-martial may direct. ; (iv) in subsection (b), as so redesignated— (I) by striking paragraph (1) and inserting subsection (a) ; and (II) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (v) in subsection (c), as so redesignated, by striking paragraph (1) and inserting subsection (a). (L) Improper hazarding of vessel \nThe text of section 910 of title 10, United States Code (article 110), is amended to read as follows: Any person subject to this chapter who willfully and wrongfully, or negligently, hazards or suffers to be hazarded any vessel of the Armed Forces shall be punished as a court-martial may direct.. (M) Offenses by sentinel or lookout \nSection 895(a) of title 10, United States Code (article 95(a)), is amended by striking shall be punished and all that follows and inserting shall be punished as a court-martial may direct.. (N) Murder \nSection 918 of title 10, United States Code (article 118), is amended by striking death or imprisonment for life as a court-martial may direct and inserting imprisonment for life. (O) Death or injury of an unborn child \nSection 919a(a) of title 10, United States Code (article 119a), is amended— (i) in paragraph (1), by striking , other than death, ; and (ii) by striking paragraph (4). (P) Crimes triable by military commission \nSection 950t of title 10, United States Code, is amended— (i) in paragraph (1), by striking by death or such other punishment ; (ii) in paragraph (2), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (iii) in paragraph (7), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (iv) in paragraph (8), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (v) in paragraph (9), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (vi) in paragraph (11)(A), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (vii) in paragraph (12), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (viii) in paragraph (13)(A), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (ix) in paragraph (14), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (x) in paragraph (15), by striking by death or such other punishment ; (xi) in paragraph (17), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (xii) in paragraph (23), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (xiii) in paragraph (24), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (xiv) in paragraph (27), by striking by death or such other punishment ; and (xv) in paragraph (29), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct.. (3) Jurisdictional and procedural matters \n(A) Dismissed officer's right to trial by court-martial \nSection 804(a) of title 10, United States Code (article 4(a) of the Uniform Code of Military Justice), is amended by striking or death. (B) Courts-martial classified \nSection 816(b) of title 10, United States Code (article 16(b)), is amended— (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (C) Jurisdiction of general courts-martial \nSection 818 of title 10, United States Code (article 18), is amended— (i) in subsection (a), by striking including the penalty of death when specifically authorized by this chapter and inserting except death ; (ii) by striking subsection (b); and (iii) by redesignating subsection (c) as subsection (b). (D) Jurisdiction of special courts-martial \nSection 819 of title 10, United States Code (article 19), is amended in the first sentence by striking for any noncapital offense and all that follows and inserting for any offense made punishable by this chapter.. (E) Jurisdiction of summary courts-martial \nSection 820 of title 10, United States Code (article 20), is amended in the first sentence by striking noncapital. (F) Number of members in capital cases \n(i) In general \nSection 825a of title 10, United States Code (article 25a), is repealed. (ii) Clerical amendment \nThe table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 825a (article 25a). (G) Absent and additional members \nSection 829 of title 10, United States Code (article 29), is amended— (i) in subsection (b)(2), by striking shall impanel and all that follows and inserting shall empanel eight members. ; (ii) in subsection (d)— (I) in paragraph (1)— (aa) by striking subparagraph (A); (bb) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (cc) in subparagraph (A), as so redesignated, by striking in a noncapital case ; and (II) in paragraph (2)— (aa) by striking subparagraph (A); (bb) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (cc) in subparagraph (A), as so redesignated, by striking in a noncapital case. (H) Statute of limitations \nSubsection (a) of section 843 of title 10, United States Code (article 43), is amended to read as follows: (a) (1) A person charged with an offense described in paragraph (2) may be tried and punished at any time without limitation. (2) An offense described in this paragraph is any offense as follows: (A) Absence without leave or missing movement in time of war. (B) Murder. (C) Rape. (D) A violation of section 881 of this title (article 81) that results in death to one or more of the victims. (E) Desertion or attempt to desert in time of war. (F) A violation of section 890 of this title (article 90) committed in time of war. (G) Attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition. (H) A violation of section 895(a) of this title (article 95(a)) committed in time of war. (I) A violation of section 899 of this title (article 99). (J) A violation of section 900 of this title (article 100). (K) A violation of section 901 of this title (article 101). (L) A violation of section 902 of this title (article 102). (M) A violation of section 903 of this title (article 103). (N) A violation of section 903a of this title (article 103a). (O) A violation of section 903b of this title (article 103b). (P) A violation of section 910 of this title (article 110) in which the person subject to this chapter willfully and wrongfully hazarded or suffered to be hazarded any vessel of the Armed Forces.. (I) Pleas of accused \nSection 845(b) of title 10, United States Code (article 45(b)), is amended— (i) by striking the first sentence; and (ii) by striking With respect to any other charge and inserting With respect to any charge. (J) Depositions \nSection 849 of title 10, United States Code (article 49), is amended by striking subsection (d). (K) Admissibility of records of courts of inquiry \nSection 850 of title 10, United States Code (article 50), is amended— (i) in subsection (a), by striking not capital and ; and (ii) in subsection (b), by striking capital cases or. (L) Number of votes required for conviction and sentencing by court-martial \nSection 852(b)(2) of title 10, United States Code (article 52(b)(2)), is amended by striking A sentence of death and all that follows and inserting All sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken. (M) Record of trial \nSection 854(c)(2) of title 10, United States Code (article 54(c)(2)), is amended by striking death,. (N) Forfeiture of pay and allowances during confinement \nSection 858b(a)(2)(A) of title 10, United States Code (article 58b(a)(2)(A)), is amended by striking or death. (O) Waiver or withdrawal of appeal \nSection 861 of title 10, United States Code (article 61), is amended— (i) by striking subsection (c); and (ii) by redesignating subsection (d) as subsection (c). (P) Review by Court of Criminal Appeals \nSection 866(b)(3) of title 10, United States Code (article 66(b)(3)), is amended by striking death,. (Q) Review by Court of Appeals for the Armed Forces \nSection 867(a) of title 10, United States Code (article 67(a)), is amended— (i) by striking paragraph (1); and (ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (R) Effective date of sentences \nSection 857(a) of title 10, United States Code (article 57(a)), is amended— (i) by striking paragraph (3); (ii) by redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively; and (iii) in paragraph (4), as so redesignated— (I) by striking death, dismissal, or each place it appears and inserting dismissal or ; (II) by striking death or ; and (III) by striking under paragraph (3) or (4), as appropriate and inserting under paragraph (3). (S) General article \nSection 934 of title 10, United States Code (article 134), is amended by striking crimes and offenses not capital and inserting crimes and offenses. (T) Jurisdiction of military commissions \nSection 948d of title 10, United States Code, is amended by striking including the penalty of death and all that follows and inserting except death.. (U) Number of members of military commissions \nSubsection (a) of section 948m of title 10, United States Code, is amended to read as follows: (a) Number of members \nA military commission under this chapter shall have at least 5 members.. (V) Number of votes required for sentencing by military commission \nSection 949m of title 10, United States Code, is amended— (i) in subsection (b)— (I) by striking paragraph (1); and (II) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (ii) by striking subsection (c). (W) Appellate referral for military commissions \nSection 950c of title 10, United States Code, is amended— (i) in subsection (b)(1), by striking Except in a case in which the sentence as approved under section 950b of this title extends to death, an accused and inserting An accused ; and (ii) in subsection (c), by striking Except in a case in which the sentence as approved under section 950b of this title extends to death, the accused and inserting The accused. (X) Execution of sentence by military commissions \nSection 950i of title 10, United States Code, is amended— (i) by striking subsections (b) and (c); (ii) by redesignating subsection (d) as subsection (b); and (iii) in subsection (b), as so redesignated, by striking , except a sentence of death. (d) Conforming amendments \n(1) Repeal of criminal procedures relating to imposition of death sentence \n(A) In general \nChapter 228 of title 18, United States Code, is repealed. (B) Clerical amendment \nThe table of chapters for part II of title 18, United States Code, is amended by striking the item relating to chapter 228. (2) Other provisions \n(A) Interception of wire, oral, or electronic communications \nSection 2516(1)(a) of title 18, United States Code, is amended by striking by death or. (B) Release and detention pending judicial proceedings \nChapter 207 of title 18, United States Code, is amended— (i) in section 3142(f)(1)(B), by striking or death ; and (ii) in section 3146(b)(1)(A)(i), by striking death, life imprisonment, and inserting life imprisonment. (C) Venue in capital cases \nChapter 211 of title 18, United States Code, is amended— (i) by striking section 3235; and (ii) in the table of sections, by striking the item relating to section 3235. (D) Period of limitations \n(i) In general \nChapter 213 of title 18, United States Code, is amended by striking section 3281 and inserting the following: 3281. Offenses with no period of limitations \nAn indictment may be found at any time without limitation for the following offenses: (1) A violation of section 274(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A) ) resulting in the death of any person. (2) A violation of section 34 of this title. (3) A violation of section 36(b)(2)(A) of this title. (4) A violation of section 37(a) of this title that results in the death of any person. (5) A violation of section 229A(a)(2) of this title. (6) A violation of section 241, 242, 245(b), or 247(a) of this title that— (A) results in death; or (B) involved kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (7) A violation of subsection (b) or (d) of section 351 of this title. (8) A violation of section 794(a) of this title. (9) A violation of subsection (d), (f), or (i) of section 844 of this title that results in the death of any person (including any public safety officer performing duties as a direct or proximate result of conduct prohibited by such subsection). (10) An offense punishable under subsection (c)(5)(B)(i) or (j)(1) of section 924 of this title. (11) An offense punishable under section 1091(b)(1) of this title. (12) A violation of section 1111 of this title that is murder in the first degree. (13) A violation of section 1118 of this title. (14) A violation of subsection (a) or (b) of section 1121 of this title. (15) A violation of section 1201(a) of this title that results in the death of any person. (16) A violation of section 1203(a) of this title that results in the death of any person. (17) An offense punishable under section 1512(a)(3) of this title that is murder (as that term is defined in section 1111 of this title). (18) An offense punishable under section 1716(j)(3) of this title. (19) A violation of subsection (b) or (d) of section 1751 of this title. (20) A violation of section 1958(a) of this title that results in death. (21) A violation of section 1959(a) of this title that is murder. (22) A violation of subsection (a) (except for a violation of paragraph (8), (9), or (10) of such subsection) or (b) of section 1992 of this title that results in the death of any person. (23) A violation of section 2113(e) of this title that results in death. (24) An offense punishable under section 2119(3) of this title. (25) An offense punishable under section 2245(a) of this title. (26) A violation of section 2251 of this title that results in the death of a person. (27) A violation of section 2280(a)(1) of this title that results in the death of any person. (28) A violation of section 2281(a)(1) of this title that results in the death of any person. (29) A violation of section 2282A(a) of this title that causes the death of any person. (30) A violation of section 2283(a) of this title that causes the death of any person. (31) An offense punishable under section 2291(d) of this title. (32) An offense punishable under section 2332(a)(1) of this title. (33) A violation of subsection (a) or (b) of section 2332a of this title that results in death. (34) An offense punishable under section 2332b(c)(1)(A) of this title. (35) A violation of section 2340A(a) of this title that results in the death of any person. (36) A violation of section 2381 of this title. (37) A violation of section 2441(a) of this title that results in the death of the victim. (38) A violation of section 408(e) of the Controlled Substances Act ( 21 U.S.C. 848(e) ). (39) An offense punishable under subsection (a)(2)(B) or (b)(1)(B) of section 46502 of title 49.. (ii) Clerical amendment \nThe table of sections for chapter 213 of title 18, United States Code, is amended by striking the item relating to section 3281 and inserting the following: 3281. Offenses with no period of limitations..", "id": "HA86E9B59807C4685BA7CE73BF52F390B", "header": "Repeal of Federal laws providing for the death penalty", "nested": [ { "text": "(a) Homicide-Related offenses \n(1) Murder related to the smuggling of aliens \nSection 274(a)(1)(B)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(B)(iv) ) is amended by striking punished by death or. (2) Destruction of aircraft, motor vehicles, or related facilities resulting in death \nSection 34 of title 18, United States Code, is amended by striking to the death penalty or. (3) Murder committed during a drug-related drive-by shooting \nSection 36(b)(2)(A) of title 18, United States Code, is amended by striking death or. (4) Murder committed at an airport serving international civil aviation \nSection 37(a) of title 18, United States Code, is amended, in the matter following paragraph (2), by striking punished by death or. (5) Murder committed using chemical weapons \nSection 229A(a)(2) of title 18, United States Code, is amended— (A) in the paragraph heading, by striking Death penalty and inserting Causing death ; and (B) by striking punished by death or. (6) Civil rights offenses resulting in death \nChapter 13 of title 18, United States Code, is amended— (A) in section 241, by striking , or may be sentenced to death ; (B) in section 242, by striking , or may be sentenced to death ; (C) in section 245(b), by striking , or may be sentenced to death ; and (D) in section 247(d)(1), by striking , or may be sentenced to death. (7) Murder of a member of congress, an important executive official, or a supreme court justice \nSection 351 of title 18, United States Code, is amended— (A) in subsection (b)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period; and (B) in subsection (d)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period. (8) Death resulting from offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce \nSection 844 of title 18, United States Code, is amended— (A) in subsection (d), by striking or to the death penalty ; (B) in subsection (f)(3), by striking subject to the death penalty, or ; (C) in subsection (i), by striking or to the death penalty ; and (D) in subsection (n), by striking (other than the penalty of death). (9) Murder committed by use of a firearm or armor piercing ammunition during commission of a crime of violence or a drug trafficking crime \nSection 924 of title 18, United States Code, is amended— (A) in subsection (c)(5)(B)(i), by striking punished by death or ; and (B) in subsection (j)(1), by striking by death or. (10) Genocide \nSection 1091(b)(1) of title 18, United States Code, is amended by striking death or. (11) First degree murder \nSection 1111(b) of title 18, United States Code, is amended by striking by death or. (12) Murder by a Federal prisoner \nSection 1118 of title 18, United States Code, is amended— (A) in subsection (a), by striking by death or ; and (B) in subsection (b), in the third undesignated paragraph— (i) by inserting or before an indeterminate ; and (ii) by striking , or an unexecuted sentence of death. (13) Murder of a State or local law enforcement official or other person aiding in a Federal investigation; murder of a State correctional officer \nSection 1121 of title 18, United States Code, is amended— (A) in subsection (a), by striking by sentence of death or ; and (B) in subsection (b)(1), by striking or death. (14) Murder during a kidnapping \nSection 1201(a) of title 18, United States Code, is amended by striking death or. (15) Murder during a hostage-taking \nSection 1203(a) of title 18, United States Code, is amended by striking death or. (16) Mailing of injurious articles with intent to kill or resulting in death \nSection 1716(j)(3) of title 18, United States Code, is amended by striking to the death penalty or. (17) Assassination or kidnapping resulting in the death of the president or vice president \nSection 1751 of title 18, United States Code, is amended— (A) in subsection (b)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period; and (B) in subsection (d)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period. (18) Murder for hire \nSection 1958(a) of title 18, United States Code, is amended by striking death or. (19) Murder involved in a racketeering offense \nSection 1959(a)(1) of title 18, United States Code, is amended by striking death or. (20) Willful wrecking of a train resulting in death \nSection 1992 of title 18, United States Code, is amended— (A) in subsection (a), in the matter following paragraph (10), by striking or subject to death, ; and (B) in subsection (b), in the matter following paragraph (3), by striking , and if the offense resulted in the death of any person, the person may be sentenced to death. (21) Bank robbery-related murder or kidnapping \nSection 2113(e) of title 18, United States Code, is amended by striking death or. (22) Murder related to a carjacking \nSection 2119(3) of title 18, United States Code, is amended by striking , or sentenced to death. (23) Murder related to aggravated child sexual abuse \nSection 2241(c) of title 18, United States Code, is amended by striking unless the death penalty is imposed,. (24) Murder related to sexual abuse \nSection 2245 of title 18, United States Code, is amended by striking punished by death or. (25) Murder related to sexual exploitation of children \nSection 2251(e) of title 18, United States Code, is amended by striking punished by death or. (26) Murder committed during an offense against maritime navigation \nSection 2280(a)(1) of title 18, United States Code, is amended by striking punished by death or. (27) Murder committed during an offense against a maritime fixed platform \nSection 2281(a)(1) of title 18, United States Code, is amended by striking punished by death or. (28) Murder using devices or dangerous substances in waters of the United States \nSection 2282A of title 18, United States Code, is amended— (A) by striking subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (29) Murder involving the transportation of explosive, biological, chemical, or radioactive or nuclear materials \nSection 2283 of title 18, United States Code, is amended— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). (30) Murder involving the destruction of vessel or maritime facility \nSection 2291(d) of title 18, United States Code, is amended by striking to the death penalty or. (31) Murder of a United States national in another country \nSection 2332(a)(1) of title 18, United States Code, is amended by striking death or. (32) Murder by the use of a weapon of mass destruction \nSection 2332a of title 18, United States Code, is amended— (A) in subsection (a), in the matter following paragraph (4), by striking , and if death results shall be punished by death and all that follows through the end of the subsection and inserting a period; and (B) in subsection (b), by striking , and if death results shall be punished by death and all that follows through the end of the subsection and inserting a period. (33) Murder by Act of terrorism transcending national boundaries \nSection 2332b(c)(1)(A) of title 18, United States Code, is amended by striking by death, or. (34) Murder involving torture \nSection 2340A(a) of title 18, United States Code, is amended by striking punished by death or. (35) Murder involving a war crime \nSection 2441(a) of title 18, United States Code, is amended by striking , and if death results to the victim, shall also be subject to the penalty of death. (36) Murder related to a continuing criminal enterprise or related murder of a Federal, State, or local law enforcement officer \nSection 408(e) of the Controlled Substances Act ( 21 U.S.C. 848(e) ) is amended— (A) in the subsection heading, by striking Death penalty and inserting Intentional killing ; and (B) in paragraph (1)— (i) subparagraph (A), by striking , or may be sentenced to death ; and (ii) in subparagraph (B), by striking , or may be sentenced to death. (37) Death resulting from aircraft hijacking \nSection 46502 of title 49, United States Code, is amended— (A) in subsection (a)(2)(B), by striking put to death or ; and (B) in subsection (b)(1)(B), by striking put to death or.", "id": "HDE122828A637447DBB0CBE50F7EBD3BC", "header": "Homicide-Related offenses", "nested": [], "links": [ { "text": "8 U.S.C. 1324(a)(1)(B)(iv)", "legal-doc": "usc", "parsable-cite": "usc/8/1324" }, { "text": "Chapter 13", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/13" }, { "text": "21 U.S.C. 848(e)", "legal-doc": "usc", "parsable-cite": "usc/21/848" } ] }, { "text": "(b) Non-Homicide related offenses \n(1) Espionage \nSection 794(a) of title 18, United States Code, is amended by striking punished by death or and all that follows before the period and inserting imprisoned for any term of years or for life. (2) Treason \nSection 2381 of title 18, United States Code, is amended by striking shall suffer death, or.", "id": "H4D2B4F1BBCCA4BE4B3D0A52A3E11A2CA", "header": "Non-Homicide related offenses", "nested": [], "links": [] }, { "text": "(c) Title 10 \n(1) In general \nSection 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice) is amended by inserting before the period at the end the following: “, except that the punishment may not include death”. (2) Offenses \n(A) Conspiracy \nSection 881(b) of title 10, United States Code (article 81(b)), is amended by striking , if death results and all that follows through the end and inserting as a court-martial or military commission may direct.. (B) Desertion \nSection 885(c) of title 10, United States Code (article 85(c)), is amended by striking , if the offense is committed in time of war and all that follows through the end and inserting as a court-martial may direct. (C) Assaulting or willfully disobeying superior commissioned officer \nSection 890 of title 10, United States Code (article 90), is amended by striking shall be punished and all that follows through the end and inserting shall be punished as a court-martial may direct.. (D) Mutiny or sedition \nSection 894(b) of title 10, United States Code (article 94(b)), is amended by striking by death or such other punishment. (E) Misbehavior before the enemy \nSection 899 of title 10, United States Code (article 99), is amended by striking by death or such other punishment. (F) Subordinate compelling surrender \nSection 900 of title 10, United States Code (article 100), is amended by striking by death or such other punishment. (G) Improper use of countersign \nSection 901 of title 10, United States Code (article 101), is amended by striking by death or such other punishment. (H) Forcing a safeguard \nSection 902 of title 10, United States Code (article 102), is amended by striking suffer death and all that follows and inserting be punished as a court-martial may direct.. (I) Aiding the enemy \nSection 903b of title 10, United States Code (article 103b), is amended by striking suffer death or such other punishment as a court-martial or military commission may direct and inserting be punished as a court-martial or military commission may direct. (J) Spies \nSection 903 of title 10, United States Code (article 103), is amended by striking by death and inserting by imprisonment for life. (K) Espionage \nSection 903a of title 10, United States Code (article 103a), is amended— (i) by striking subsections (b) and (c); (ii) by redesignating paragraphs (2) and (3) of subsection (a) as subsections (b) and (c), respectively; (iii) in subsection (a)— (I) by striking (1) ; (II) by striking paragraph (2) and inserting subsection (b) ; (III) by striking paragraph (3) and inserting subsection (c) ; and (IV) by striking as a court-martial may direct, and all that follows and inserting as a court-martial may direct. ; (iv) in subsection (b), as so redesignated— (I) by striking paragraph (1) and inserting subsection (a) ; and (II) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (v) in subsection (c), as so redesignated, by striking paragraph (1) and inserting subsection (a). (L) Improper hazarding of vessel \nThe text of section 910 of title 10, United States Code (article 110), is amended to read as follows: Any person subject to this chapter who willfully and wrongfully, or negligently, hazards or suffers to be hazarded any vessel of the Armed Forces shall be punished as a court-martial may direct.. (M) Offenses by sentinel or lookout \nSection 895(a) of title 10, United States Code (article 95(a)), is amended by striking shall be punished and all that follows and inserting shall be punished as a court-martial may direct.. (N) Murder \nSection 918 of title 10, United States Code (article 118), is amended by striking death or imprisonment for life as a court-martial may direct and inserting imprisonment for life. (O) Death or injury of an unborn child \nSection 919a(a) of title 10, United States Code (article 119a), is amended— (i) in paragraph (1), by striking , other than death, ; and (ii) by striking paragraph (4). (P) Crimes triable by military commission \nSection 950t of title 10, United States Code, is amended— (i) in paragraph (1), by striking by death or such other punishment ; (ii) in paragraph (2), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (iii) in paragraph (7), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (iv) in paragraph (8), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (v) in paragraph (9), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (vi) in paragraph (11)(A), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (vii) in paragraph (12), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (viii) in paragraph (13)(A), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (ix) in paragraph (14), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (x) in paragraph (15), by striking by death or such other punishment ; (xi) in paragraph (17), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (xii) in paragraph (23), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (xiii) in paragraph (24), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (xiv) in paragraph (27), by striking by death or such other punishment ; and (xv) in paragraph (29), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct.. (3) Jurisdictional and procedural matters \n(A) Dismissed officer's right to trial by court-martial \nSection 804(a) of title 10, United States Code (article 4(a) of the Uniform Code of Military Justice), is amended by striking or death. (B) Courts-martial classified \nSection 816(b) of title 10, United States Code (article 16(b)), is amended— (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (C) Jurisdiction of general courts-martial \nSection 818 of title 10, United States Code (article 18), is amended— (i) in subsection (a), by striking including the penalty of death when specifically authorized by this chapter and inserting except death ; (ii) by striking subsection (b); and (iii) by redesignating subsection (c) as subsection (b). (D) Jurisdiction of special courts-martial \nSection 819 of title 10, United States Code (article 19), is amended in the first sentence by striking for any noncapital offense and all that follows and inserting for any offense made punishable by this chapter.. (E) Jurisdiction of summary courts-martial \nSection 820 of title 10, United States Code (article 20), is amended in the first sentence by striking noncapital. (F) Number of members in capital cases \n(i) In general \nSection 825a of title 10, United States Code (article 25a), is repealed. (ii) Clerical amendment \nThe table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 825a (article 25a). (G) Absent and additional members \nSection 829 of title 10, United States Code (article 29), is amended— (i) in subsection (b)(2), by striking shall impanel and all that follows and inserting shall empanel eight members. ; (ii) in subsection (d)— (I) in paragraph (1)— (aa) by striking subparagraph (A); (bb) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (cc) in subparagraph (A), as so redesignated, by striking in a noncapital case ; and (II) in paragraph (2)— (aa) by striking subparagraph (A); (bb) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (cc) in subparagraph (A), as so redesignated, by striking in a noncapital case. (H) Statute of limitations \nSubsection (a) of section 843 of title 10, United States Code (article 43), is amended to read as follows: (a) (1) A person charged with an offense described in paragraph (2) may be tried and punished at any time without limitation. (2) An offense described in this paragraph is any offense as follows: (A) Absence without leave or missing movement in time of war. (B) Murder. (C) Rape. (D) A violation of section 881 of this title (article 81) that results in death to one or more of the victims. (E) Desertion or attempt to desert in time of war. (F) A violation of section 890 of this title (article 90) committed in time of war. (G) Attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition. (H) A violation of section 895(a) of this title (article 95(a)) committed in time of war. (I) A violation of section 899 of this title (article 99). (J) A violation of section 900 of this title (article 100). (K) A violation of section 901 of this title (article 101). (L) A violation of section 902 of this title (article 102). (M) A violation of section 903 of this title (article 103). (N) A violation of section 903a of this title (article 103a). (O) A violation of section 903b of this title (article 103b). (P) A violation of section 910 of this title (article 110) in which the person subject to this chapter willfully and wrongfully hazarded or suffered to be hazarded any vessel of the Armed Forces.. (I) Pleas of accused \nSection 845(b) of title 10, United States Code (article 45(b)), is amended— (i) by striking the first sentence; and (ii) by striking With respect to any other charge and inserting With respect to any charge. (J) Depositions \nSection 849 of title 10, United States Code (article 49), is amended by striking subsection (d). (K) Admissibility of records of courts of inquiry \nSection 850 of title 10, United States Code (article 50), is amended— (i) in subsection (a), by striking not capital and ; and (ii) in subsection (b), by striking capital cases or. (L) Number of votes required for conviction and sentencing by court-martial \nSection 852(b)(2) of title 10, United States Code (article 52(b)(2)), is amended by striking A sentence of death and all that follows and inserting All sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken. (M) Record of trial \nSection 854(c)(2) of title 10, United States Code (article 54(c)(2)), is amended by striking death,. (N) Forfeiture of pay and allowances during confinement \nSection 858b(a)(2)(A) of title 10, United States Code (article 58b(a)(2)(A)), is amended by striking or death. (O) Waiver or withdrawal of appeal \nSection 861 of title 10, United States Code (article 61), is amended— (i) by striking subsection (c); and (ii) by redesignating subsection (d) as subsection (c). (P) Review by Court of Criminal Appeals \nSection 866(b)(3) of title 10, United States Code (article 66(b)(3)), is amended by striking death,. (Q) Review by Court of Appeals for the Armed Forces \nSection 867(a) of title 10, United States Code (article 67(a)), is amended— (i) by striking paragraph (1); and (ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (R) Effective date of sentences \nSection 857(a) of title 10, United States Code (article 57(a)), is amended— (i) by striking paragraph (3); (ii) by redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively; and (iii) in paragraph (4), as so redesignated— (I) by striking death, dismissal, or each place it appears and inserting dismissal or ; (II) by striking death or ; and (III) by striking under paragraph (3) or (4), as appropriate and inserting under paragraph (3). (S) General article \nSection 934 of title 10, United States Code (article 134), is amended by striking crimes and offenses not capital and inserting crimes and offenses. (T) Jurisdiction of military commissions \nSection 948d of title 10, United States Code, is amended by striking including the penalty of death and all that follows and inserting except death.. (U) Number of members of military commissions \nSubsection (a) of section 948m of title 10, United States Code, is amended to read as follows: (a) Number of members \nA military commission under this chapter shall have at least 5 members.. (V) Number of votes required for sentencing by military commission \nSection 949m of title 10, United States Code, is amended— (i) in subsection (b)— (I) by striking paragraph (1); and (II) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (ii) by striking subsection (c). (W) Appellate referral for military commissions \nSection 950c of title 10, United States Code, is amended— (i) in subsection (b)(1), by striking Except in a case in which the sentence as approved under section 950b of this title extends to death, an accused and inserting An accused ; and (ii) in subsection (c), by striking Except in a case in which the sentence as approved under section 950b of this title extends to death, the accused and inserting The accused. (X) Execution of sentence by military commissions \nSection 950i of title 10, United States Code, is amended— (i) by striking subsections (b) and (c); (ii) by redesignating subsection (d) as subsection (b); and (iii) in subsection (b), as so redesignated, by striking , except a sentence of death.", "id": "H91FA46DE1D4B43D9AB5D64135A12CBC1", "header": "Title 10", "nested": [], "links": [ { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/47" } ] }, { "text": "(d) Conforming amendments \n(1) Repeal of criminal procedures relating to imposition of death sentence \n(A) In general \nChapter 228 of title 18, United States Code, is repealed. (B) Clerical amendment \nThe table of chapters for part II of title 18, United States Code, is amended by striking the item relating to chapter 228. (2) Other provisions \n(A) Interception of wire, oral, or electronic communications \nSection 2516(1)(a) of title 18, United States Code, is amended by striking by death or. (B) Release and detention pending judicial proceedings \nChapter 207 of title 18, United States Code, is amended— (i) in section 3142(f)(1)(B), by striking or death ; and (ii) in section 3146(b)(1)(A)(i), by striking death, life imprisonment, and inserting life imprisonment. (C) Venue in capital cases \nChapter 211 of title 18, United States Code, is amended— (i) by striking section 3235; and (ii) in the table of sections, by striking the item relating to section 3235. (D) Period of limitations \n(i) In general \nChapter 213 of title 18, United States Code, is amended by striking section 3281 and inserting the following: 3281. Offenses with no period of limitations \nAn indictment may be found at any time without limitation for the following offenses: (1) A violation of section 274(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A) ) resulting in the death of any person. (2) A violation of section 34 of this title. (3) A violation of section 36(b)(2)(A) of this title. (4) A violation of section 37(a) of this title that results in the death of any person. (5) A violation of section 229A(a)(2) of this title. (6) A violation of section 241, 242, 245(b), or 247(a) of this title that— (A) results in death; or (B) involved kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (7) A violation of subsection (b) or (d) of section 351 of this title. (8) A violation of section 794(a) of this title. (9) A violation of subsection (d), (f), or (i) of section 844 of this title that results in the death of any person (including any public safety officer performing duties as a direct or proximate result of conduct prohibited by such subsection). (10) An offense punishable under subsection (c)(5)(B)(i) or (j)(1) of section 924 of this title. (11) An offense punishable under section 1091(b)(1) of this title. (12) A violation of section 1111 of this title that is murder in the first degree. (13) A violation of section 1118 of this title. (14) A violation of subsection (a) or (b) of section 1121 of this title. (15) A violation of section 1201(a) of this title that results in the death of any person. (16) A violation of section 1203(a) of this title that results in the death of any person. (17) An offense punishable under section 1512(a)(3) of this title that is murder (as that term is defined in section 1111 of this title). (18) An offense punishable under section 1716(j)(3) of this title. (19) A violation of subsection (b) or (d) of section 1751 of this title. (20) A violation of section 1958(a) of this title that results in death. (21) A violation of section 1959(a) of this title that is murder. (22) A violation of subsection (a) (except for a violation of paragraph (8), (9), or (10) of such subsection) or (b) of section 1992 of this title that results in the death of any person. (23) A violation of section 2113(e) of this title that results in death. (24) An offense punishable under section 2119(3) of this title. (25) An offense punishable under section 2245(a) of this title. (26) A violation of section 2251 of this title that results in the death of a person. (27) A violation of section 2280(a)(1) of this title that results in the death of any person. (28) A violation of section 2281(a)(1) of this title that results in the death of any person. (29) A violation of section 2282A(a) of this title that causes the death of any person. (30) A violation of section 2283(a) of this title that causes the death of any person. (31) An offense punishable under section 2291(d) of this title. (32) An offense punishable under section 2332(a)(1) of this title. (33) A violation of subsection (a) or (b) of section 2332a of this title that results in death. (34) An offense punishable under section 2332b(c)(1)(A) of this title. (35) A violation of section 2340A(a) of this title that results in the death of any person. (36) A violation of section 2381 of this title. (37) A violation of section 2441(a) of this title that results in the death of the victim. (38) A violation of section 408(e) of the Controlled Substances Act ( 21 U.S.C. 848(e) ). (39) An offense punishable under subsection (a)(2)(B) or (b)(1)(B) of section 46502 of title 49.. (ii) Clerical amendment \nThe table of sections for chapter 213 of title 18, United States Code, is amended by striking the item relating to section 3281 and inserting the following: 3281. Offenses with no period of limitations..", "id": "H8738C45457C4426695C1E689476C27B2", "header": "Conforming amendments", "nested": [], "links": [ { "text": "Chapter 228", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/228" }, { "text": "Chapter 207", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/207" }, { "text": "Chapter 211", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/211" }, { "text": "Chapter 213", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/213" }, { "text": "8 U.S.C. 1324(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1324" }, { "text": "21 U.S.C. 848(e)", "legal-doc": "usc", "parsable-cite": "usc/21/848" }, { "text": "chapter 213", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/213" } ] } ], "links": [ { "text": "8 U.S.C. 1324(a)(1)(B)(iv)", "legal-doc": "usc", "parsable-cite": "usc/8/1324" }, { "text": "Chapter 13", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/13" }, { "text": "21 U.S.C. 848(e)", "legal-doc": "usc", "parsable-cite": "usc/21/848" }, { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/47" }, { "text": "Chapter 228", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/228" }, { "text": "Chapter 207", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/207" }, { "text": "Chapter 211", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/211" }, { "text": "Chapter 213", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/213" }, { "text": "8 U.S.C. 1324(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1324" }, { "text": "21 U.S.C. 848(e)", "legal-doc": "usc", "parsable-cite": "usc/21/848" }, { "text": "chapter 213", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/213" } ] }, { "text": "Any person subject to this chapter who willfully and wrongfully, or negligently, hazards or suffers to be hazarded any vessel of the Armed Forces shall be punished as a court-martial may direct.", "id": "HE40EED79356E4ED0B650AF6A782EAC5B", "header": null, "nested": [], "links": [] }, { "text": "3281. Offenses with no period of limitations \nAn indictment may be found at any time without limitation for the following offenses: (1) A violation of section 274(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A) ) resulting in the death of any person. (2) A violation of section 34 of this title. (3) A violation of section 36(b)(2)(A) of this title. (4) A violation of section 37(a) of this title that results in the death of any person. (5) A violation of section 229A(a)(2) of this title. (6) A violation of section 241, 242, 245(b), or 247(a) of this title that— (A) results in death; or (B) involved kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (7) A violation of subsection (b) or (d) of section 351 of this title. (8) A violation of section 794(a) of this title. (9) A violation of subsection (d), (f), or (i) of section 844 of this title that results in the death of any person (including any public safety officer performing duties as a direct or proximate result of conduct prohibited by such subsection). (10) An offense punishable under subsection (c)(5)(B)(i) or (j)(1) of section 924 of this title. (11) An offense punishable under section 1091(b)(1) of this title. (12) A violation of section 1111 of this title that is murder in the first degree. (13) A violation of section 1118 of this title. (14) A violation of subsection (a) or (b) of section 1121 of this title. (15) A violation of section 1201(a) of this title that results in the death of any person. (16) A violation of section 1203(a) of this title that results in the death of any person. (17) An offense punishable under section 1512(a)(3) of this title that is murder (as that term is defined in section 1111 of this title). (18) An offense punishable under section 1716(j)(3) of this title. (19) A violation of subsection (b) or (d) of section 1751 of this title. (20) A violation of section 1958(a) of this title that results in death. (21) A violation of section 1959(a) of this title that is murder. (22) A violation of subsection (a) (except for a violation of paragraph (8), (9), or (10) of such subsection) or (b) of section 1992 of this title that results in the death of any person. (23) A violation of section 2113(e) of this title that results in death. (24) An offense punishable under section 2119(3) of this title. (25) An offense punishable under section 2245(a) of this title. (26) A violation of section 2251 of this title that results in the death of a person. (27) A violation of section 2280(a)(1) of this title that results in the death of any person. (28) A violation of section 2281(a)(1) of this title that results in the death of any person. (29) A violation of section 2282A(a) of this title that causes the death of any person. (30) A violation of section 2283(a) of this title that causes the death of any person. (31) An offense punishable under section 2291(d) of this title. (32) An offense punishable under section 2332(a)(1) of this title. (33) A violation of subsection (a) or (b) of section 2332a of this title that results in death. (34) An offense punishable under section 2332b(c)(1)(A) of this title. (35) A violation of section 2340A(a) of this title that results in the death of any person. (36) A violation of section 2381 of this title. (37) A violation of section 2441(a) of this title that results in the death of the victim. (38) A violation of section 408(e) of the Controlled Substances Act ( 21 U.S.C. 848(e) ). (39) An offense punishable under subsection (a)(2)(B) or (b)(1)(B) of section 46502 of title 49.", "id": "HFADEA604FA20477B9294523F0607FB50", "header": "Offenses with no period of limitations", "nested": [], "links": [ { "text": "8 U.S.C. 1324(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1324" }, { "text": "21 U.S.C. 848(e)", "legal-doc": "usc", "parsable-cite": "usc/21/848" } ] }, { "text": "3. Prohibition on imposition of death sentence \n(a) In general \nNotwithstanding any other provision of law, no person may be sentenced to death or put to death on or after the date of enactment of this Act for any violation of Federal law. (b) Persons sentenced before date of enactment \nNotwithstanding any other provision of law, any person sentenced to death before the date of enactment of this Act for any violation of Federal law shall be resentenced.", "id": "H9E8F1E17F3A640BCB49EACE454D88458", "header": "Prohibition on imposition of death sentence", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, no person may be sentenced to death or put to death on or after the date of enactment of this Act for any violation of Federal law.", "id": "HD4C9A906A9FA4F3C94DD2A5AEC0DE024", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Persons sentenced before date of enactment \nNotwithstanding any other provision of law, any person sentenced to death before the date of enactment of this Act for any violation of Federal law shall be resentenced.", "id": "HD5EB210EDC2E4F30B26F39CF4C734157", "header": "Persons sentenced before date of enactment", "nested": [], "links": [] } ], "links": [] } ]
5
1. Short title This Act may be cited as the Federal Death Penalty Abolition Act of 2023. 2. Repeal of Federal laws providing for the death penalty (a) Homicide-Related offenses (1) Murder related to the smuggling of aliens Section 274(a)(1)(B)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(B)(iv) ) is amended by striking punished by death or. (2) Destruction of aircraft, motor vehicles, or related facilities resulting in death Section 34 of title 18, United States Code, is amended by striking to the death penalty or. (3) Murder committed during a drug-related drive-by shooting Section 36(b)(2)(A) of title 18, United States Code, is amended by striking death or. (4) Murder committed at an airport serving international civil aviation Section 37(a) of title 18, United States Code, is amended, in the matter following paragraph (2), by striking punished by death or. (5) Murder committed using chemical weapons Section 229A(a)(2) of title 18, United States Code, is amended— (A) in the paragraph heading, by striking Death penalty and inserting Causing death ; and (B) by striking punished by death or. (6) Civil rights offenses resulting in death Chapter 13 of title 18, United States Code, is amended— (A) in section 241, by striking , or may be sentenced to death ; (B) in section 242, by striking , or may be sentenced to death ; (C) in section 245(b), by striking , or may be sentenced to death ; and (D) in section 247(d)(1), by striking , or may be sentenced to death. (7) Murder of a member of congress, an important executive official, or a supreme court justice Section 351 of title 18, United States Code, is amended— (A) in subsection (b)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period; and (B) in subsection (d)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period. (8) Death resulting from offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce Section 844 of title 18, United States Code, is amended— (A) in subsection (d), by striking or to the death penalty ; (B) in subsection (f)(3), by striking subject to the death penalty, or ; (C) in subsection (i), by striking or to the death penalty ; and (D) in subsection (n), by striking (other than the penalty of death). (9) Murder committed by use of a firearm or armor piercing ammunition during commission of a crime of violence or a drug trafficking crime Section 924 of title 18, United States Code, is amended— (A) in subsection (c)(5)(B)(i), by striking punished by death or ; and (B) in subsection (j)(1), by striking by death or. (10) Genocide Section 1091(b)(1) of title 18, United States Code, is amended by striking death or. (11) First degree murder Section 1111(b) of title 18, United States Code, is amended by striking by death or. (12) Murder by a Federal prisoner Section 1118 of title 18, United States Code, is amended— (A) in subsection (a), by striking by death or ; and (B) in subsection (b), in the third undesignated paragraph— (i) by inserting or before an indeterminate ; and (ii) by striking , or an unexecuted sentence of death. (13) Murder of a State or local law enforcement official or other person aiding in a Federal investigation; murder of a State correctional officer Section 1121 of title 18, United States Code, is amended— (A) in subsection (a), by striking by sentence of death or ; and (B) in subsection (b)(1), by striking or death. (14) Murder during a kidnapping Section 1201(a) of title 18, United States Code, is amended by striking death or. (15) Murder during a hostage-taking Section 1203(a) of title 18, United States Code, is amended by striking death or. (16) Mailing of injurious articles with intent to kill or resulting in death Section 1716(j)(3) of title 18, United States Code, is amended by striking to the death penalty or. (17) Assassination or kidnapping resulting in the death of the president or vice president Section 1751 of title 18, United States Code, is amended— (A) in subsection (b)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period; and (B) in subsection (d)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period. (18) Murder for hire Section 1958(a) of title 18, United States Code, is amended by striking death or. (19) Murder involved in a racketeering offense Section 1959(a)(1) of title 18, United States Code, is amended by striking death or. (20) Willful wrecking of a train resulting in death Section 1992 of title 18, United States Code, is amended— (A) in subsection (a), in the matter following paragraph (10), by striking or subject to death, ; and (B) in subsection (b), in the matter following paragraph (3), by striking , and if the offense resulted in the death of any person, the person may be sentenced to death. (21) Bank robbery-related murder or kidnapping Section 2113(e) of title 18, United States Code, is amended by striking death or. (22) Murder related to a carjacking Section 2119(3) of title 18, United States Code, is amended by striking , or sentenced to death. (23) Murder related to aggravated child sexual abuse Section 2241(c) of title 18, United States Code, is amended by striking unless the death penalty is imposed,. (24) Murder related to sexual abuse Section 2245 of title 18, United States Code, is amended by striking punished by death or. (25) Murder related to sexual exploitation of children Section 2251(e) of title 18, United States Code, is amended by striking punished by death or. (26) Murder committed during an offense against maritime navigation Section 2280(a)(1) of title 18, United States Code, is amended by striking punished by death or. (27) Murder committed during an offense against a maritime fixed platform Section 2281(a)(1) of title 18, United States Code, is amended by striking punished by death or. (28) Murder using devices or dangerous substances in waters of the United States Section 2282A of title 18, United States Code, is amended— (A) by striking subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (29) Murder involving the transportation of explosive, biological, chemical, or radioactive or nuclear materials Section 2283 of title 18, United States Code, is amended— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). (30) Murder involving the destruction of vessel or maritime facility Section 2291(d) of title 18, United States Code, is amended by striking to the death penalty or. (31) Murder of a United States national in another country Section 2332(a)(1) of title 18, United States Code, is amended by striking death or. (32) Murder by the use of a weapon of mass destruction Section 2332a of title 18, United States Code, is amended— (A) in subsection (a), in the matter following paragraph (4), by striking , and if death results shall be punished by death and all that follows through the end of the subsection and inserting a period; and (B) in subsection (b), by striking , and if death results shall be punished by death and all that follows through the end of the subsection and inserting a period. (33) Murder by Act of terrorism transcending national boundaries Section 2332b(c)(1)(A) of title 18, United States Code, is amended by striking by death, or. (34) Murder involving torture Section 2340A(a) of title 18, United States Code, is amended by striking punished by death or. (35) Murder involving a war crime Section 2441(a) of title 18, United States Code, is amended by striking , and if death results to the victim, shall also be subject to the penalty of death. (36) Murder related to a continuing criminal enterprise or related murder of a Federal, State, or local law enforcement officer Section 408(e) of the Controlled Substances Act ( 21 U.S.C. 848(e) ) is amended— (A) in the subsection heading, by striking Death penalty and inserting Intentional killing ; and (B) in paragraph (1)— (i) subparagraph (A), by striking , or may be sentenced to death ; and (ii) in subparagraph (B), by striking , or may be sentenced to death. (37) Death resulting from aircraft hijacking Section 46502 of title 49, United States Code, is amended— (A) in subsection (a)(2)(B), by striking put to death or ; and (B) in subsection (b)(1)(B), by striking put to death or. (b) Non-Homicide related offenses (1) Espionage Section 794(a) of title 18, United States Code, is amended by striking punished by death or and all that follows before the period and inserting imprisoned for any term of years or for life. (2) Treason Section 2381 of title 18, United States Code, is amended by striking shall suffer death, or. (c) Title 10 (1) In general Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice) is amended by inserting before the period at the end the following: “, except that the punishment may not include death”. (2) Offenses (A) Conspiracy Section 881(b) of title 10, United States Code (article 81(b)), is amended by striking , if death results and all that follows through the end and inserting as a court-martial or military commission may direct.. (B) Desertion Section 885(c) of title 10, United States Code (article 85(c)), is amended by striking , if the offense is committed in time of war and all that follows through the end and inserting as a court-martial may direct. (C) Assaulting or willfully disobeying superior commissioned officer Section 890 of title 10, United States Code (article 90), is amended by striking shall be punished and all that follows through the end and inserting shall be punished as a court-martial may direct.. (D) Mutiny or sedition Section 894(b) of title 10, United States Code (article 94(b)), is amended by striking by death or such other punishment. (E) Misbehavior before the enemy Section 899 of title 10, United States Code (article 99), is amended by striking by death or such other punishment. (F) Subordinate compelling surrender Section 900 of title 10, United States Code (article 100), is amended by striking by death or such other punishment. (G) Improper use of countersign Section 901 of title 10, United States Code (article 101), is amended by striking by death or such other punishment. (H) Forcing a safeguard Section 902 of title 10, United States Code (article 102), is amended by striking suffer death and all that follows and inserting be punished as a court-martial may direct.. (I) Aiding the enemy Section 903b of title 10, United States Code (article 103b), is amended by striking suffer death or such other punishment as a court-martial or military commission may direct and inserting be punished as a court-martial or military commission may direct. (J) Spies Section 903 of title 10, United States Code (article 103), is amended by striking by death and inserting by imprisonment for life. (K) Espionage Section 903a of title 10, United States Code (article 103a), is amended— (i) by striking subsections (b) and (c); (ii) by redesignating paragraphs (2) and (3) of subsection (a) as subsections (b) and (c), respectively; (iii) in subsection (a)— (I) by striking (1) ; (II) by striking paragraph (2) and inserting subsection (b) ; (III) by striking paragraph (3) and inserting subsection (c) ; and (IV) by striking as a court-martial may direct, and all that follows and inserting as a court-martial may direct. ; (iv) in subsection (b), as so redesignated— (I) by striking paragraph (1) and inserting subsection (a) ; and (II) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (v) in subsection (c), as so redesignated, by striking paragraph (1) and inserting subsection (a). (L) Improper hazarding of vessel The text of section 910 of title 10, United States Code (article 110), is amended to read as follows: Any person subject to this chapter who willfully and wrongfully, or negligently, hazards or suffers to be hazarded any vessel of the Armed Forces shall be punished as a court-martial may direct.. (M) Offenses by sentinel or lookout Section 895(a) of title 10, United States Code (article 95(a)), is amended by striking shall be punished and all that follows and inserting shall be punished as a court-martial may direct.. (N) Murder Section 918 of title 10, United States Code (article 118), is amended by striking death or imprisonment for life as a court-martial may direct and inserting imprisonment for life. (O) Death or injury of an unborn child Section 919a(a) of title 10, United States Code (article 119a), is amended— (i) in paragraph (1), by striking , other than death, ; and (ii) by striking paragraph (4). (P) Crimes triable by military commission Section 950t of title 10, United States Code, is amended— (i) in paragraph (1), by striking by death or such other punishment ; (ii) in paragraph (2), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (iii) in paragraph (7), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (iv) in paragraph (8), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (v) in paragraph (9), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (vi) in paragraph (11)(A), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (vii) in paragraph (12), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (viii) in paragraph (13)(A), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (ix) in paragraph (14), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (x) in paragraph (15), by striking by death or such other punishment ; (xi) in paragraph (17), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (xii) in paragraph (23), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (xiii) in paragraph (24), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (xiv) in paragraph (27), by striking by death or such other punishment ; and (xv) in paragraph (29), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct.. (3) Jurisdictional and procedural matters (A) Dismissed officer's right to trial by court-martial Section 804(a) of title 10, United States Code (article 4(a) of the Uniform Code of Military Justice), is amended by striking or death. (B) Courts-martial classified Section 816(b) of title 10, United States Code (article 16(b)), is amended— (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (C) Jurisdiction of general courts-martial Section 818 of title 10, United States Code (article 18), is amended— (i) in subsection (a), by striking including the penalty of death when specifically authorized by this chapter and inserting except death ; (ii) by striking subsection (b); and (iii) by redesignating subsection (c) as subsection (b). (D) Jurisdiction of special courts-martial Section 819 of title 10, United States Code (article 19), is amended in the first sentence by striking for any noncapital offense and all that follows and inserting for any offense made punishable by this chapter.. (E) Jurisdiction of summary courts-martial Section 820 of title 10, United States Code (article 20), is amended in the first sentence by striking noncapital. (F) Number of members in capital cases (i) In general Section 825a of title 10, United States Code (article 25a), is repealed. (ii) Clerical amendment The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 825a (article 25a). (G) Absent and additional members Section 829 of title 10, United States Code (article 29), is amended— (i) in subsection (b)(2), by striking shall impanel and all that follows and inserting shall empanel eight members. ; (ii) in subsection (d)— (I) in paragraph (1)— (aa) by striking subparagraph (A); (bb) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (cc) in subparagraph (A), as so redesignated, by striking in a noncapital case ; and (II) in paragraph (2)— (aa) by striking subparagraph (A); (bb) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (cc) in subparagraph (A), as so redesignated, by striking in a noncapital case. (H) Statute of limitations Subsection (a) of section 843 of title 10, United States Code (article 43), is amended to read as follows: (a) (1) A person charged with an offense described in paragraph (2) may be tried and punished at any time without limitation. (2) An offense described in this paragraph is any offense as follows: (A) Absence without leave or missing movement in time of war. (B) Murder. (C) Rape. (D) A violation of section 881 of this title (article 81) that results in death to one or more of the victims. (E) Desertion or attempt to desert in time of war. (F) A violation of section 890 of this title (article 90) committed in time of war. (G) Attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition. (H) A violation of section 895(a) of this title (article 95(a)) committed in time of war. (I) A violation of section 899 of this title (article 99). (J) A violation of section 900 of this title (article 100). (K) A violation of section 901 of this title (article 101). (L) A violation of section 902 of this title (article 102). (M) A violation of section 903 of this title (article 103). (N) A violation of section 903a of this title (article 103a). (O) A violation of section 903b of this title (article 103b). (P) A violation of section 910 of this title (article 110) in which the person subject to this chapter willfully and wrongfully hazarded or suffered to be hazarded any vessel of the Armed Forces.. (I) Pleas of accused Section 845(b) of title 10, United States Code (article 45(b)), is amended— (i) by striking the first sentence; and (ii) by striking With respect to any other charge and inserting With respect to any charge. (J) Depositions Section 849 of title 10, United States Code (article 49), is amended by striking subsection (d). (K) Admissibility of records of courts of inquiry Section 850 of title 10, United States Code (article 50), is amended— (i) in subsection (a), by striking not capital and ; and (ii) in subsection (b), by striking capital cases or. (L) Number of votes required for conviction and sentencing by court-martial Section 852(b)(2) of title 10, United States Code (article 52(b)(2)), is amended by striking A sentence of death and all that follows and inserting All sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken. (M) Record of trial Section 854(c)(2) of title 10, United States Code (article 54(c)(2)), is amended by striking death,. (N) Forfeiture of pay and allowances during confinement Section 858b(a)(2)(A) of title 10, United States Code (article 58b(a)(2)(A)), is amended by striking or death. (O) Waiver or withdrawal of appeal Section 861 of title 10, United States Code (article 61), is amended— (i) by striking subsection (c); and (ii) by redesignating subsection (d) as subsection (c). (P) Review by Court of Criminal Appeals Section 866(b)(3) of title 10, United States Code (article 66(b)(3)), is amended by striking death,. (Q) Review by Court of Appeals for the Armed Forces Section 867(a) of title 10, United States Code (article 67(a)), is amended— (i) by striking paragraph (1); and (ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (R) Effective date of sentences Section 857(a) of title 10, United States Code (article 57(a)), is amended— (i) by striking paragraph (3); (ii) by redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively; and (iii) in paragraph (4), as so redesignated— (I) by striking death, dismissal, or each place it appears and inserting dismissal or ; (II) by striking death or ; and (III) by striking under paragraph (3) or (4), as appropriate and inserting under paragraph (3). (S) General article Section 934 of title 10, United States Code (article 134), is amended by striking crimes and offenses not capital and inserting crimes and offenses. (T) Jurisdiction of military commissions Section 948d of title 10, United States Code, is amended by striking including the penalty of death and all that follows and inserting except death.. (U) Number of members of military commissions Subsection (a) of section 948m of title 10, United States Code, is amended to read as follows: (a) Number of members A military commission under this chapter shall have at least 5 members.. (V) Number of votes required for sentencing by military commission Section 949m of title 10, United States Code, is amended— (i) in subsection (b)— (I) by striking paragraph (1); and (II) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (ii) by striking subsection (c). (W) Appellate referral for military commissions Section 950c of title 10, United States Code, is amended— (i) in subsection (b)(1), by striking Except in a case in which the sentence as approved under section 950b of this title extends to death, an accused and inserting An accused ; and (ii) in subsection (c), by striking Except in a case in which the sentence as approved under section 950b of this title extends to death, the accused and inserting The accused. (X) Execution of sentence by military commissions Section 950i of title 10, United States Code, is amended— (i) by striking subsections (b) and (c); (ii) by redesignating subsection (d) as subsection (b); and (iii) in subsection (b), as so redesignated, by striking , except a sentence of death. (d) Conforming amendments (1) Repeal of criminal procedures relating to imposition of death sentence (A) In general Chapter 228 of title 18, United States Code, is repealed. (B) Clerical amendment The table of chapters for part II of title 18, United States Code, is amended by striking the item relating to chapter 228. (2) Other provisions (A) Interception of wire, oral, or electronic communications Section 2516(1)(a) of title 18, United States Code, is amended by striking by death or. (B) Release and detention pending judicial proceedings Chapter 207 of title 18, United States Code, is amended— (i) in section 3142(f)(1)(B), by striking or death ; and (ii) in section 3146(b)(1)(A)(i), by striking death, life imprisonment, and inserting life imprisonment. (C) Venue in capital cases Chapter 211 of title 18, United States Code, is amended— (i) by striking section 3235; and (ii) in the table of sections, by striking the item relating to section 3235. (D) Period of limitations (i) In general Chapter 213 of title 18, United States Code, is amended by striking section 3281 and inserting the following: 3281. Offenses with no period of limitations An indictment may be found at any time without limitation for the following offenses: (1) A violation of section 274(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A) ) resulting in the death of any person. (2) A violation of section 34 of this title. (3) A violation of section 36(b)(2)(A) of this title. (4) A violation of section 37(a) of this title that results in the death of any person. (5) A violation of section 229A(a)(2) of this title. (6) A violation of section 241, 242, 245(b), or 247(a) of this title that— (A) results in death; or (B) involved kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (7) A violation of subsection (b) or (d) of section 351 of this title. (8) A violation of section 794(a) of this title. (9) A violation of subsection (d), (f), or (i) of section 844 of this title that results in the death of any person (including any public safety officer performing duties as a direct or proximate result of conduct prohibited by such subsection). (10) An offense punishable under subsection (c)(5)(B)(i) or (j)(1) of section 924 of this title. (11) An offense punishable under section 1091(b)(1) of this title. (12) A violation of section 1111 of this title that is murder in the first degree. (13) A violation of section 1118 of this title. (14) A violation of subsection (a) or (b) of section 1121 of this title. (15) A violation of section 1201(a) of this title that results in the death of any person. (16) A violation of section 1203(a) of this title that results in the death of any person. (17) An offense punishable under section 1512(a)(3) of this title that is murder (as that term is defined in section 1111 of this title). (18) An offense punishable under section 1716(j)(3) of this title. (19) A violation of subsection (b) or (d) of section 1751 of this title. (20) A violation of section 1958(a) of this title that results in death. (21) A violation of section 1959(a) of this title that is murder. (22) A violation of subsection (a) (except for a violation of paragraph (8), (9), or (10) of such subsection) or (b) of section 1992 of this title that results in the death of any person. (23) A violation of section 2113(e) of this title that results in death. (24) An offense punishable under section 2119(3) of this title. (25) An offense punishable under section 2245(a) of this title. (26) A violation of section 2251 of this title that results in the death of a person. (27) A violation of section 2280(a)(1) of this title that results in the death of any person. (28) A violation of section 2281(a)(1) of this title that results in the death of any person. (29) A violation of section 2282A(a) of this title that causes the death of any person. (30) A violation of section 2283(a) of this title that causes the death of any person. (31) An offense punishable under section 2291(d) of this title. (32) An offense punishable under section 2332(a)(1) of this title. (33) A violation of subsection (a) or (b) of section 2332a of this title that results in death. (34) An offense punishable under section 2332b(c)(1)(A) of this title. (35) A violation of section 2340A(a) of this title that results in the death of any person. (36) A violation of section 2381 of this title. (37) A violation of section 2441(a) of this title that results in the death of the victim. (38) A violation of section 408(e) of the Controlled Substances Act ( 21 U.S.C. 848(e) ). (39) An offense punishable under subsection (a)(2)(B) or (b)(1)(B) of section 46502 of title 49.. (ii) Clerical amendment The table of sections for chapter 213 of title 18, United States Code, is amended by striking the item relating to section 3281 and inserting the following: 3281. Offenses with no period of limitations.. Any person subject to this chapter who willfully and wrongfully, or negligently, hazards or suffers to be hazarded any vessel of the Armed Forces shall be punished as a court-martial may direct. 3281. Offenses with no period of limitations An indictment may be found at any time without limitation for the following offenses: (1) A violation of section 274(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A) ) resulting in the death of any person. (2) A violation of section 34 of this title. (3) A violation of section 36(b)(2)(A) of this title. (4) A violation of section 37(a) of this title that results in the death of any person. (5) A violation of section 229A(a)(2) of this title. (6) A violation of section 241, 242, 245(b), or 247(a) of this title that— (A) results in death; or (B) involved kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (7) A violation of subsection (b) or (d) of section 351 of this title. (8) A violation of section 794(a) of this title. (9) A violation of subsection (d), (f), or (i) of section 844 of this title that results in the death of any person (including any public safety officer performing duties as a direct or proximate result of conduct prohibited by such subsection). (10) An offense punishable under subsection (c)(5)(B)(i) or (j)(1) of section 924 of this title. (11) An offense punishable under section 1091(b)(1) of this title. (12) A violation of section 1111 of this title that is murder in the first degree. (13) A violation of section 1118 of this title. (14) A violation of subsection (a) or (b) of section 1121 of this title. (15) A violation of section 1201(a) of this title that results in the death of any person. (16) A violation of section 1203(a) of this title that results in the death of any person. (17) An offense punishable under section 1512(a)(3) of this title that is murder (as that term is defined in section 1111 of this title). (18) An offense punishable under section 1716(j)(3) of this title. (19) A violation of subsection (b) or (d) of section 1751 of this title. (20) A violation of section 1958(a) of this title that results in death. (21) A violation of section 1959(a) of this title that is murder. (22) A violation of subsection (a) (except for a violation of paragraph (8), (9), or (10) of such subsection) or (b) of section 1992 of this title that results in the death of any person. (23) A violation of section 2113(e) of this title that results in death. (24) An offense punishable under section 2119(3) of this title. (25) An offense punishable under section 2245(a) of this title. (26) A violation of section 2251 of this title that results in the death of a person. (27) A violation of section 2280(a)(1) of this title that results in the death of any person. (28) A violation of section 2281(a)(1) of this title that results in the death of any person. (29) A violation of section 2282A(a) of this title that causes the death of any person. (30) A violation of section 2283(a) of this title that causes the death of any person. (31) An offense punishable under section 2291(d) of this title. (32) An offense punishable under section 2332(a)(1) of this title. (33) A violation of subsection (a) or (b) of section 2332a of this title that results in death. (34) An offense punishable under section 2332b(c)(1)(A) of this title. (35) A violation of section 2340A(a) of this title that results in the death of any person. (36) A violation of section 2381 of this title. (37) A violation of section 2441(a) of this title that results in the death of the victim. (38) A violation of section 408(e) of the Controlled Substances Act ( 21 U.S.C. 848(e) ). (39) An offense punishable under subsection (a)(2)(B) or (b)(1)(B) of section 46502 of title 49. 3. Prohibition on imposition of death sentence (a) In general Notwithstanding any other provision of law, no person may be sentenced to death or put to death on or after the date of enactment of this Act for any violation of Federal law. (b) Persons sentenced before date of enactment Notwithstanding any other provision of law, any person sentenced to death before the date of enactment of this Act for any violation of Federal law shall be resentenced.
32,175
[ "Armed Services Committee", "Judiciary Committee" ]
118hr5314ih
118
hr
5,314
ih
To amend section 1951 of title 18, United States Code (commonly known as the Hobbs Act), and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Freedom From Union Violence Act of 2023.", "id": "H4BC2A13EC5D747A785A57298B7FC0ADE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Interference with commerce by threats or violence \nSection 1951 of title 18, United States Code, is amended to read as follows: 1951. Interference with commerce by threats or violence \n(a) Prohibition \nExcept as provided in subsection (c), whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion, or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section, shall be fined not more than $100,000, imprisoned for a term of not more than 20 years, or both. (b) Definitions \nFor purposes of this section— (1) the term commerce means any— (A) commerce within the District of Columbia, or any territory or possession of the United States; (B) commerce between any point in a State, territory, possession, or the District of Columbia and any point outside thereof; (C) commerce between points within the same State through any place outside that State; and (D) other commerce over which the United States has jurisdiction; (2) the term extortion means the obtaining of property from any person, with the consent of that person, if that consent is induced— (A) by actual or threatened use of force or violence, or fear thereof; (B) by wrongful use of fear not involving force or violence; or (C) under color of official right; (3) the term labor dispute has the same meaning as in section 2(9) of the National Labor Relations Act ( 29 U.S.C. 152(9) ); and (4) the term robbery means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his or her will, by means of actual or threatened force or violence, or fear of injury, immediate or future— (A) to his or her person or property, or property in his or her custody or possession; or (B) to the person or property of a relative or member of his or her family, or of anyone in his or her company at the time of the taking or obtaining. (c) Exempted conduct \n(1) In general \nSubsection (a) does not apply to any conduct that— (A) is incidental to otherwise peaceful picketing during the course of a labor dispute; (B) consists solely of minor bodily injury, or minor damage to property, or threat or fear of such minor injury or damage; and (C) is not part of a pattern of violent conduct or of coordinated violent activity. (2) State and local jurisdiction \nAny violation of this section that involves any conduct described in paragraph (1) shall be subject to prosecution only by the appropriate State and local authorities. (d) Effect on other law \nNothing in this section shall be construed— (1) to repeal, amend, or otherwise affect— (A) section 6 of the Clayton Act ( 15 U.S.C. 17 ); (B) section 20 of the Clayton Act ( 29 U.S.C. 52 ); (C) any provision of the Norris-LaGuardia Act ( 29 U.S.C. 101 et seq. ); (D) any provision of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); or (E) any provision of the Railway Labor Act ( 45 U.S.C. 151 et seq. ); or (2) to preclude Federal jurisdiction over any violation of this section, on the basis that the conduct at issue— (A) is also a violation of State or local law; or (B) occurred during the course of a labor dispute or in pursuit of a legitimate business or labor objective..", "id": "H4B4F96D193CA439AA3A03F22D3D87EAA", "header": "Interference with commerce by threats or violence", "nested": [], "links": [ { "text": "29 U.S.C. 152(9)", "legal-doc": "usc", "parsable-cite": "usc/29/152" }, { "text": "15 U.S.C. 17", "legal-doc": "usc", "parsable-cite": "usc/15/17" }, { "text": "29 U.S.C. 52", "legal-doc": "usc", "parsable-cite": "usc/29/52" }, { "text": "29 U.S.C. 101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/101" }, { "text": "29 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/151" }, { "text": "45 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/45/151" } ] }, { "text": "1951. Interference with commerce by threats or violence \n(a) Prohibition \nExcept as provided in subsection (c), whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion, or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section, shall be fined not more than $100,000, imprisoned for a term of not more than 20 years, or both. (b) Definitions \nFor purposes of this section— (1) the term commerce means any— (A) commerce within the District of Columbia, or any territory or possession of the United States; (B) commerce between any point in a State, territory, possession, or the District of Columbia and any point outside thereof; (C) commerce between points within the same State through any place outside that State; and (D) other commerce over which the United States has jurisdiction; (2) the term extortion means the obtaining of property from any person, with the consent of that person, if that consent is induced— (A) by actual or threatened use of force or violence, or fear thereof; (B) by wrongful use of fear not involving force or violence; or (C) under color of official right; (3) the term labor dispute has the same meaning as in section 2(9) of the National Labor Relations Act ( 29 U.S.C. 152(9) ); and (4) the term robbery means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his or her will, by means of actual or threatened force or violence, or fear of injury, immediate or future— (A) to his or her person or property, or property in his or her custody or possession; or (B) to the person or property of a relative or member of his or her family, or of anyone in his or her company at the time of the taking or obtaining. (c) Exempted conduct \n(1) In general \nSubsection (a) does not apply to any conduct that— (A) is incidental to otherwise peaceful picketing during the course of a labor dispute; (B) consists solely of minor bodily injury, or minor damage to property, or threat or fear of such minor injury or damage; and (C) is not part of a pattern of violent conduct or of coordinated violent activity. (2) State and local jurisdiction \nAny violation of this section that involves any conduct described in paragraph (1) shall be subject to prosecution only by the appropriate State and local authorities. (d) Effect on other law \nNothing in this section shall be construed— (1) to repeal, amend, or otherwise affect— (A) section 6 of the Clayton Act ( 15 U.S.C. 17 ); (B) section 20 of the Clayton Act ( 29 U.S.C. 52 ); (C) any provision of the Norris-LaGuardia Act ( 29 U.S.C. 101 et seq. ); (D) any provision of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); or (E) any provision of the Railway Labor Act ( 45 U.S.C. 151 et seq. ); or (2) to preclude Federal jurisdiction over any violation of this section, on the basis that the conduct at issue— (A) is also a violation of State or local law; or (B) occurred during the course of a labor dispute or in pursuit of a legitimate business or labor objective.", "id": "H073C95DAA99040EDB6F79D3D0323E3AB", "header": "Interference with commerce by threats or violence", "nested": [ { "text": "(a) Prohibition \nExcept as provided in subsection (c), whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion, or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section, shall be fined not more than $100,000, imprisoned for a term of not more than 20 years, or both.", "id": "H8A045CD8452748E8AECE97647A18AD27", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Definitions \nFor purposes of this section— (1) the term commerce means any— (A) commerce within the District of Columbia, or any territory or possession of the United States; (B) commerce between any point in a State, territory, possession, or the District of Columbia and any point outside thereof; (C) commerce between points within the same State through any place outside that State; and (D) other commerce over which the United States has jurisdiction; (2) the term extortion means the obtaining of property from any person, with the consent of that person, if that consent is induced— (A) by actual or threatened use of force or violence, or fear thereof; (B) by wrongful use of fear not involving force or violence; or (C) under color of official right; (3) the term labor dispute has the same meaning as in section 2(9) of the National Labor Relations Act ( 29 U.S.C. 152(9) ); and (4) the term robbery means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his or her will, by means of actual or threatened force or violence, or fear of injury, immediate or future— (A) to his or her person or property, or property in his or her custody or possession; or (B) to the person or property of a relative or member of his or her family, or of anyone in his or her company at the time of the taking or obtaining.", "id": "H2697E4164F50490CAA1F9359C3BEB658", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 152(9)", "legal-doc": "usc", "parsable-cite": "usc/29/152" } ] }, { "text": "(c) Exempted conduct \n(1) In general \nSubsection (a) does not apply to any conduct that— (A) is incidental to otherwise peaceful picketing during the course of a labor dispute; (B) consists solely of minor bodily injury, or minor damage to property, or threat or fear of such minor injury or damage; and (C) is not part of a pattern of violent conduct or of coordinated violent activity. (2) State and local jurisdiction \nAny violation of this section that involves any conduct described in paragraph (1) shall be subject to prosecution only by the appropriate State and local authorities.", "id": "H8C6468F44A67435DB1BA765EC37C686D", "header": "Exempted conduct", "nested": [], "links": [] }, { "text": "(d) Effect on other law \nNothing in this section shall be construed— (1) to repeal, amend, or otherwise affect— (A) section 6 of the Clayton Act ( 15 U.S.C. 17 ); (B) section 20 of the Clayton Act ( 29 U.S.C. 52 ); (C) any provision of the Norris-LaGuardia Act ( 29 U.S.C. 101 et seq. ); (D) any provision of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); or (E) any provision of the Railway Labor Act ( 45 U.S.C. 151 et seq. ); or (2) to preclude Federal jurisdiction over any violation of this section, on the basis that the conduct at issue— (A) is also a violation of State or local law; or (B) occurred during the course of a labor dispute or in pursuit of a legitimate business or labor objective.", "id": "H80F9210C42024973B596E62D4A9E92FE", "header": "Effect on other law", "nested": [], "links": [ { "text": "15 U.S.C. 17", "legal-doc": "usc", "parsable-cite": "usc/15/17" }, { "text": "29 U.S.C. 52", "legal-doc": "usc", "parsable-cite": "usc/29/52" }, { "text": "29 U.S.C. 101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/101" }, { "text": "29 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/151" }, { "text": "45 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/45/151" } ] } ], "links": [ { "text": "29 U.S.C. 152(9)", "legal-doc": "usc", "parsable-cite": "usc/29/152" }, { "text": "15 U.S.C. 17", "legal-doc": "usc", "parsable-cite": "usc/15/17" }, { "text": "29 U.S.C. 52", "legal-doc": "usc", "parsable-cite": "usc/29/52" }, { "text": "29 U.S.C. 101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/101" }, { "text": "29 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/151" }, { "text": "45 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/45/151" } ] } ]
3
1. Short title This Act may be cited as the Freedom From Union Violence Act of 2023. 2. Interference with commerce by threats or violence Section 1951 of title 18, United States Code, is amended to read as follows: 1951. Interference with commerce by threats or violence (a) Prohibition Except as provided in subsection (c), whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion, or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section, shall be fined not more than $100,000, imprisoned for a term of not more than 20 years, or both. (b) Definitions For purposes of this section— (1) the term commerce means any— (A) commerce within the District of Columbia, or any territory or possession of the United States; (B) commerce between any point in a State, territory, possession, or the District of Columbia and any point outside thereof; (C) commerce between points within the same State through any place outside that State; and (D) other commerce over which the United States has jurisdiction; (2) the term extortion means the obtaining of property from any person, with the consent of that person, if that consent is induced— (A) by actual or threatened use of force or violence, or fear thereof; (B) by wrongful use of fear not involving force or violence; or (C) under color of official right; (3) the term labor dispute has the same meaning as in section 2(9) of the National Labor Relations Act ( 29 U.S.C. 152(9) ); and (4) the term robbery means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his or her will, by means of actual or threatened force or violence, or fear of injury, immediate or future— (A) to his or her person or property, or property in his or her custody or possession; or (B) to the person or property of a relative or member of his or her family, or of anyone in his or her company at the time of the taking or obtaining. (c) Exempted conduct (1) In general Subsection (a) does not apply to any conduct that— (A) is incidental to otherwise peaceful picketing during the course of a labor dispute; (B) consists solely of minor bodily injury, or minor damage to property, or threat or fear of such minor injury or damage; and (C) is not part of a pattern of violent conduct or of coordinated violent activity. (2) State and local jurisdiction Any violation of this section that involves any conduct described in paragraph (1) shall be subject to prosecution only by the appropriate State and local authorities. (d) Effect on other law Nothing in this section shall be construed— (1) to repeal, amend, or otherwise affect— (A) section 6 of the Clayton Act ( 15 U.S.C. 17 ); (B) section 20 of the Clayton Act ( 29 U.S.C. 52 ); (C) any provision of the Norris-LaGuardia Act ( 29 U.S.C. 101 et seq. ); (D) any provision of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); or (E) any provision of the Railway Labor Act ( 45 U.S.C. 151 et seq. ); or (2) to preclude Federal jurisdiction over any violation of this section, on the basis that the conduct at issue— (A) is also a violation of State or local law; or (B) occurred during the course of a labor dispute or in pursuit of a legitimate business or labor objective.. 1951. Interference with commerce by threats or violence (a) Prohibition Except as provided in subsection (c), whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion, or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section, shall be fined not more than $100,000, imprisoned for a term of not more than 20 years, or both. (b) Definitions For purposes of this section— (1) the term commerce means any— (A) commerce within the District of Columbia, or any territory or possession of the United States; (B) commerce between any point in a State, territory, possession, or the District of Columbia and any point outside thereof; (C) commerce between points within the same State through any place outside that State; and (D) other commerce over which the United States has jurisdiction; (2) the term extortion means the obtaining of property from any person, with the consent of that person, if that consent is induced— (A) by actual or threatened use of force or violence, or fear thereof; (B) by wrongful use of fear not involving force or violence; or (C) under color of official right; (3) the term labor dispute has the same meaning as in section 2(9) of the National Labor Relations Act ( 29 U.S.C. 152(9) ); and (4) the term robbery means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his or her will, by means of actual or threatened force or violence, or fear of injury, immediate or future— (A) to his or her person or property, or property in his or her custody or possession; or (B) to the person or property of a relative or member of his or her family, or of anyone in his or her company at the time of the taking or obtaining. (c) Exempted conduct (1) In general Subsection (a) does not apply to any conduct that— (A) is incidental to otherwise peaceful picketing during the course of a labor dispute; (B) consists solely of minor bodily injury, or minor damage to property, or threat or fear of such minor injury or damage; and (C) is not part of a pattern of violent conduct or of coordinated violent activity. (2) State and local jurisdiction Any violation of this section that involves any conduct described in paragraph (1) shall be subject to prosecution only by the appropriate State and local authorities. (d) Effect on other law Nothing in this section shall be construed— (1) to repeal, amend, or otherwise affect— (A) section 6 of the Clayton Act ( 15 U.S.C. 17 ); (B) section 20 of the Clayton Act ( 29 U.S.C. 52 ); (C) any provision of the Norris-LaGuardia Act ( 29 U.S.C. 101 et seq. ); (D) any provision of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); or (E) any provision of the Railway Labor Act ( 45 U.S.C. 151 et seq. ); or (2) to preclude Federal jurisdiction over any violation of this section, on the basis that the conduct at issue— (A) is also a violation of State or local law; or (B) occurred during the course of a labor dispute or in pursuit of a legitimate business or labor objective.
6,677
[ "Judiciary Committee" ]
118hr7993ih
118
hr
7,993
ih
To amend the Internal Revenue Code of 1986 to reduce the rate of tax on estates, gifts, and generation-skipping transfers.
[ { "text": "1. Short title \nThis Act may be cited as the Estate Tax Rate Reduction Act.", "id": "HB9F835A8B2524C73A07AC5B74270DCEA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reduction of rate of tax on estates, gifts, and generation-skipping transfers \n(a) In general \nSection 2001 of the Internal Revenue Code of 1986 is amended— (1) by striking subsection (c) and inserting the following: (c) Rate of tax \nFor purposes of determining the tentative tax, the rate of tax shall be 20 percent of the amount with respect to which the tentative tax is computed. ; and (2) in subsection (g)(1), by striking rates of tax under subsection (c) and inserting rate of tax under subsection (c). (b) Conforming amendments \n(1) Section 2056A(b)(2) of the Internal Revenue Code of 1986 is amended— (A) in subparagraph (B)(i), by striking highest ; and (B) in subparagraph (C), by striking highest. (2) Section 2107(a) of such Code is amended by striking the table contained in and inserting the rate of tax under. (3) Section 2201(a) of such Code is amended by striking the rate schedule set forth in section 2001(c) and inserting the rate of tax under section 2001(c). (4) Section 2641 of such Code is amended to read as follows: 2641. Applicable rate \nFor purposes of this chapter, the term applicable rate means, with respect to any generation-skipping transfer, the product of— (1) the rate imposed by section 2001 on the estates of decedents dying at the time of the taxable distribution, taxable termination, or direct skip, as the case may be, and (2) the inclusion ratio with respect to the transfer.. (5) Section 2801(a)(1) of such Code is amended by striking the highest rate of tax specified in the table contained in and inserting the rate of tax under. (6) Section 6601(j)(2)(A)(i) of such Code is amended by striking the rate schedule set forth in. (c) Effective date \nThe amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2022. (d) Budgetary effects \n(1) PAYGO scorecard \nThe budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(d) ). (2) Senate PAYGO scorecard \nThe budgetary effects of this section shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.", "id": "H8E17ADB0078042EF80DEC3A888D2B811", "header": "Reduction of rate of tax on estates, gifts, and generation-skipping transfers", "nested": [ { "text": "(a) In general \nSection 2001 of the Internal Revenue Code of 1986 is amended— (1) by striking subsection (c) and inserting the following: (c) Rate of tax \nFor purposes of determining the tentative tax, the rate of tax shall be 20 percent of the amount with respect to which the tentative tax is computed. ; and (2) in subsection (g)(1), by striking rates of tax under subsection (c) and inserting rate of tax under subsection (c).", "id": "H6EC03A32F9C94F58885DF7491E643288", "header": "In general", "nested": [], "links": [ { "text": "Section 2001", "legal-doc": "usc", "parsable-cite": "usc/26/2001" } ] }, { "text": "(b) Conforming amendments \n(1) Section 2056A(b)(2) of the Internal Revenue Code of 1986 is amended— (A) in subparagraph (B)(i), by striking highest ; and (B) in subparagraph (C), by striking highest. (2) Section 2107(a) of such Code is amended by striking the table contained in and inserting the rate of tax under. (3) Section 2201(a) of such Code is amended by striking the rate schedule set forth in section 2001(c) and inserting the rate of tax under section 2001(c). (4) Section 2641 of such Code is amended to read as follows: 2641. Applicable rate \nFor purposes of this chapter, the term applicable rate means, with respect to any generation-skipping transfer, the product of— (1) the rate imposed by section 2001 on the estates of decedents dying at the time of the taxable distribution, taxable termination, or direct skip, as the case may be, and (2) the inclusion ratio with respect to the transfer.. (5) Section 2801(a)(1) of such Code is amended by striking the highest rate of tax specified in the table contained in and inserting the rate of tax under. (6) Section 6601(j)(2)(A)(i) of such Code is amended by striking the rate schedule set forth in.", "id": "H45EDC1BDF1E1492F8C8BA24605B2E9B1", "header": "Conforming amendments", "nested": [], "links": [ { "text": "Section 2056A(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/2056A" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2022.", "id": "H73A8C295067440C98B2C97975C6A9D1A", "header": "Effective date", "nested": [], "links": [] }, { "text": "(d) Budgetary effects \n(1) PAYGO scorecard \nThe budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(d) ). (2) Senate PAYGO scorecard \nThe budgetary effects of this section shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.", "id": "H4D0E196B5D9F4642A991388ED42D3BA4", "header": "Budgetary effects", "nested": [], "links": [ { "text": "2 U.S.C. 933(d)", "legal-doc": "usc", "parsable-cite": "usc/2/933" } ] } ], "links": [ { "text": "Section 2001", "legal-doc": "usc", "parsable-cite": "usc/26/2001" }, { "text": "Section 2056A(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/2056A" }, { "text": "2 U.S.C. 933(d)", "legal-doc": "usc", "parsable-cite": "usc/2/933" } ] }, { "text": "2641. Applicable rate \nFor purposes of this chapter, the term applicable rate means, with respect to any generation-skipping transfer, the product of— (1) the rate imposed by section 2001 on the estates of decedents dying at the time of the taxable distribution, taxable termination, or direct skip, as the case may be, and (2) the inclusion ratio with respect to the transfer.", "id": "H0668AB0E274D4CF990153413DBABE881", "header": "Applicable rate", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Estate Tax Rate Reduction Act. 2. Reduction of rate of tax on estates, gifts, and generation-skipping transfers (a) In general Section 2001 of the Internal Revenue Code of 1986 is amended— (1) by striking subsection (c) and inserting the following: (c) Rate of tax For purposes of determining the tentative tax, the rate of tax shall be 20 percent of the amount with respect to which the tentative tax is computed. ; and (2) in subsection (g)(1), by striking rates of tax under subsection (c) and inserting rate of tax under subsection (c). (b) Conforming amendments (1) Section 2056A(b)(2) of the Internal Revenue Code of 1986 is amended— (A) in subparagraph (B)(i), by striking highest ; and (B) in subparagraph (C), by striking highest. (2) Section 2107(a) of such Code is amended by striking the table contained in and inserting the rate of tax under. (3) Section 2201(a) of such Code is amended by striking the rate schedule set forth in section 2001(c) and inserting the rate of tax under section 2001(c). (4) Section 2641 of such Code is amended to read as follows: 2641. Applicable rate For purposes of this chapter, the term applicable rate means, with respect to any generation-skipping transfer, the product of— (1) the rate imposed by section 2001 on the estates of decedents dying at the time of the taxable distribution, taxable termination, or direct skip, as the case may be, and (2) the inclusion ratio with respect to the transfer.. (5) Section 2801(a)(1) of such Code is amended by striking the highest rate of tax specified in the table contained in and inserting the rate of tax under. (6) Section 6601(j)(2)(A)(i) of such Code is amended by striking the rate schedule set forth in. (c) Effective date The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2022. (d) Budgetary effects (1) PAYGO scorecard The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(d) ). (2) Senate PAYGO scorecard The budgetary effects of this section shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. 2641. Applicable rate For purposes of this chapter, the term applicable rate means, with respect to any generation-skipping transfer, the product of— (1) the rate imposed by section 2001 on the estates of decedents dying at the time of the taxable distribution, taxable termination, or direct skip, as the case may be, and (2) the inclusion ratio with respect to the transfer.
2,780
[ "Budget Committee", "Ways and Means Committee" ]
118hr4895ih
118
hr
4,895
ih
To amend title XI of the Social Security Act to expand the drug price negotiation program, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Lowering Drug Costs for American Families Act.", "id": "H80709DE97962468D9FAD1F50DEB90BC7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Expanding the drug price negotiation program \n(a) Increasing the number of drugs subject to negotiation \nSection 1192(a)(4) of the Social Security Act ( 42 U.S.C. 1320f–1(a)(4) ) is amended by striking 20 each place it appears and inserting 50 in each such place. (b) Expansion of definition of maximum fair price eligible individual \nSection 1191(c)(2) of the Social Security Act ( 42 U.S.C. 1320f–1(c)(2) ) is amended— (1) in subparagraph (A), by inserting , or a participant, beneficiary, or enrollee who is enrolled under a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act) with respect to which there is in effect an agreement with the Secretary under section 1197 with respect to such selected drug as so furnished or dispensed after such selected drug ; and (2) in subparagraph (B), by inserting , or a participant, beneficiary, or enrollee who is enrolled under a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act) with respect to which there is in effect an agreement with the Secretary under section 1197 with respect to such selected drug as so furnished or administered after such selected drug. (c) Application of administrative procedures to new maximum fair price eligible individuals \nSection 1196(a)(3) of the Social Security Act ( 42 U.S.C. 1320f–5(a)(3) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (C) maximum fair price eligible individuals not described in subparagraph (A) or (B).. (d) Health insurer agreements \nPart E of title XI of the Social Security Act ( 42 U.S.C. 1320f et seq. ) is amended— (1) by redesignating sections 1197 and 1198 as sections 1198 and 1199, respectively; and (2) by inserting after section 1196 the following new section: 1197. Voluntary participation by other health plans \n(a) Agreement To participate under program \n(1) In general \nSubject to paragraph (2), under the program under this part the Secretary shall be treated as having in effect an agreement with a group health plan or health insurance issuer offering group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act), with respect to a price applicability period and a selected drug with respect to such period— (A) in the case such selected drug furnished or dispensed at a pharmacy or by mail order service if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or dispensed; and (B) in the case such selected drug furnished or administered by a hospital, physician, or other provider of services or supplier if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or administered. (2) Opting out of agreement \nThe Secretary shall not be treated as having in effect an agreement under the program under this part with a group health plan or health insurance issuer offering group or individual health insurance coverage with respect to a price applicability period and a selected drug with respect to such period if such a plan or issuer affirmatively elects, through a process specified by the Secretary, not to participate under the program with respect to such period and drug. (b) Publication of election \nWith respect to each price applicability period and each selected drug with respect to such period, the Secretary and the Secretary of Labor and the Secretary of the Treasury, as applicable, shall make public a list of each group health plan and each health insurance issuer offering group or individual health insurance coverage, with respect to which coverage is provided under such plan or coverage for such drug, that has elected under subsection (a) not to participate under the program with respect to such period and drug.. (e) Application to group health plans and health insurance coverage \n(1) PHSA \nPart D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq. ) is amended by adding at the end the following new section: 2799A–11. Drug Price Negotiation Program and application of maximum fair prices \n(a) In general \nIn the case of a group health plan or health insurance issuer offering group or individual health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan or coverage— (1) the provisions of such part shall apply— (A) in the case the drug is furnished or dispensed at a pharmacy or by a mail order service, to such plan or coverage, and to the participants, beneficiaries, and enrollees enrolled under such plan or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants, beneficiaries, and enrollees enrolled under such prescription drug plans and MA–PD plans during such period; and (B) in the case the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to such plan or coverage, and to the participants, beneficiaries, and enrollees enrolled under such plan or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary, to participants, beneficiaries, and enrollees entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, such participants, beneficiaries, and enrollees so enrolled in such plans and coverage, and such hospitals, physicians, and other providers and suppliers participating in such plans and coverage. (b) Notification regarding nonparticipation in Drug Price Negotiation Program \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall publicly disclose, in a manner and in accordance with a process specified by the Secretary, any election made under section 1197 of the Social Security Act by such plan or issuer to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made.. (2) ERISA \n(A) In general \nSubpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq. ) is amended by adding at the end the following new section: 726. Drug Price Negotiation Program and application of maximum fair prices \n(a) In general \nIn the case of a group health plan or health insurance issuer offering group health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary of Health and Human Services under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan or coverage— (1) the provisions of such part shall apply, as applicable— (A) in the case the drug is furnished or dispensed at a pharmacy or by a mail order service, to such plan or coverage, and to the participants and beneficiaries enrolled under such plan or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants and beneficiaries enrolled under such prescription drug plans and MA–PD plans during such period; and (B) in the case the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the group health plan or coverage offered by an issuer, to the participants and beneficiaries enrolled under such plans or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary of Health and Human Services, to participants and beneficiaries entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, and such participants and beneficiaries so enrolled in such plans. (b) Notification regarding nonparticipation in Drug Price Negotiation Program \nA group health plan or a health insurance issuer offering group health insurance coverage shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan or issuer to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made.. (B) Application to retiree and certain small group health plans \nSection 732(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191a(a) ) is amended by striking section 711 and inserting sections 711 and 726. (C) Clerical amendment \nThe table of sections for subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: Sec. 726. Drug Price Negotiation Program and application of maximum fair prices.. (3) IRC \n(A) In general \nSubchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9826. Drug Price Negotiation Program and application of maximum fair prices \n(a) In general \nIn the case of a group health plan that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary of Health and Human Services under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan— (1) the provisions of such part shall apply, as applicable— (A) if coverage of such selected drug is provided under such plan if the drug is furnished or dispensed at a pharmacy or by a mail order service, to the plan, and to the participants and beneficiaries enrolled under such plan during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants and beneficiaries enrolled under such prescription drug plans and MA–PD plans during such period; and (B) if coverage of such selected drug is provided under such plan if the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the plan, to the participants and beneficiaries enrolled under such plan, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary of Health and Human Services, to participants and beneficiaries entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan shall apply any cost-sharing responsibilities under such plan, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan and such participants and beneficiaries so enrolled in such plan. (b) Notification regarding nonparticipation in Drug Price Negotiation Program \nA group health plan shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan before the beginning of the plan year for which such election was made.. (B) Application to retiree and certain small group health plans \nSection 9831(a)(2) of the Internal Revenue Code of 1986 is amended by inserting other than with respect to section 9826, before any group health plan. (C) Clerical amendment \nThe table of sections for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item: Sec. 9826. Drug Price Negotiation Program and application of maximum fair prices..", "id": "H30F9AD54D0A54EDEBF0D115DB399F4CD", "header": "Expanding the drug price negotiation program", "nested": [ { "text": "(a) Increasing the number of drugs subject to negotiation \nSection 1192(a)(4) of the Social Security Act ( 42 U.S.C. 1320f–1(a)(4) ) is amended by striking 20 each place it appears and inserting 50 in each such place.", "id": "H1560CDAE39B6486886633DD27A6AD2BE", "header": "Increasing the number of drugs subject to negotiation", "nested": [], "links": [ { "text": "42 U.S.C. 1320f–1(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1320f-1" } ] }, { "text": "(b) Expansion of definition of maximum fair price eligible individual \nSection 1191(c)(2) of the Social Security Act ( 42 U.S.C. 1320f–1(c)(2) ) is amended— (1) in subparagraph (A), by inserting , or a participant, beneficiary, or enrollee who is enrolled under a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act) with respect to which there is in effect an agreement with the Secretary under section 1197 with respect to such selected drug as so furnished or dispensed after such selected drug ; and (2) in subparagraph (B), by inserting , or a participant, beneficiary, or enrollee who is enrolled under a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act) with respect to which there is in effect an agreement with the Secretary under section 1197 with respect to such selected drug as so furnished or administered after such selected drug.", "id": "H0048A634B9714D37B725A61608E603CE", "header": "Expansion of definition of maximum fair price eligible individual", "nested": [], "links": [ { "text": "42 U.S.C. 1320f–1(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1320f-1" } ] }, { "text": "(c) Application of administrative procedures to new maximum fair price eligible individuals \nSection 1196(a)(3) of the Social Security Act ( 42 U.S.C. 1320f–5(a)(3) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (C) maximum fair price eligible individuals not described in subparagraph (A) or (B)..", "id": "HAF1404CAA96A4E31B6E068B3EDAC8532", "header": "Application of administrative procedures to new maximum fair price eligible individuals", "nested": [], "links": [ { "text": "42 U.S.C. 1320f–5(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320f-5" } ] }, { "text": "(d) Health insurer agreements \nPart E of title XI of the Social Security Act ( 42 U.S.C. 1320f et seq. ) is amended— (1) by redesignating sections 1197 and 1198 as sections 1198 and 1199, respectively; and (2) by inserting after section 1196 the following new section: 1197. Voluntary participation by other health plans \n(a) Agreement To participate under program \n(1) In general \nSubject to paragraph (2), under the program under this part the Secretary shall be treated as having in effect an agreement with a group health plan or health insurance issuer offering group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act), with respect to a price applicability period and a selected drug with respect to such period— (A) in the case such selected drug furnished or dispensed at a pharmacy or by mail order service if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or dispensed; and (B) in the case such selected drug furnished or administered by a hospital, physician, or other provider of services or supplier if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or administered. (2) Opting out of agreement \nThe Secretary shall not be treated as having in effect an agreement under the program under this part with a group health plan or health insurance issuer offering group or individual health insurance coverage with respect to a price applicability period and a selected drug with respect to such period if such a plan or issuer affirmatively elects, through a process specified by the Secretary, not to participate under the program with respect to such period and drug. (b) Publication of election \nWith respect to each price applicability period and each selected drug with respect to such period, the Secretary and the Secretary of Labor and the Secretary of the Treasury, as applicable, shall make public a list of each group health plan and each health insurance issuer offering group or individual health insurance coverage, with respect to which coverage is provided under such plan or coverage for such drug, that has elected under subsection (a) not to participate under the program with respect to such period and drug..", "id": "HD6972A9C260E4374AD8D77175802C902", "header": "Health insurer agreements", "nested": [], "links": [ { "text": "42 U.S.C. 1320f et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1320f" } ] }, { "text": "(e) Application to group health plans and health insurance coverage \n(1) PHSA \nPart D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq. ) is amended by adding at the end the following new section: 2799A–11. Drug Price Negotiation Program and application of maximum fair prices \n(a) In general \nIn the case of a group health plan or health insurance issuer offering group or individual health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan or coverage— (1) the provisions of such part shall apply— (A) in the case the drug is furnished or dispensed at a pharmacy or by a mail order service, to such plan or coverage, and to the participants, beneficiaries, and enrollees enrolled under such plan or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants, beneficiaries, and enrollees enrolled under such prescription drug plans and MA–PD plans during such period; and (B) in the case the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to such plan or coverage, and to the participants, beneficiaries, and enrollees enrolled under such plan or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary, to participants, beneficiaries, and enrollees entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, such participants, beneficiaries, and enrollees so enrolled in such plans and coverage, and such hospitals, physicians, and other providers and suppliers participating in such plans and coverage. (b) Notification regarding nonparticipation in Drug Price Negotiation Program \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall publicly disclose, in a manner and in accordance with a process specified by the Secretary, any election made under section 1197 of the Social Security Act by such plan or issuer to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made.. (2) ERISA \n(A) In general \nSubpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq. ) is amended by adding at the end the following new section: 726. Drug Price Negotiation Program and application of maximum fair prices \n(a) In general \nIn the case of a group health plan or health insurance issuer offering group health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary of Health and Human Services under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan or coverage— (1) the provisions of such part shall apply, as applicable— (A) in the case the drug is furnished or dispensed at a pharmacy or by a mail order service, to such plan or coverage, and to the participants and beneficiaries enrolled under such plan or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants and beneficiaries enrolled under such prescription drug plans and MA–PD plans during such period; and (B) in the case the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the group health plan or coverage offered by an issuer, to the participants and beneficiaries enrolled under such plans or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary of Health and Human Services, to participants and beneficiaries entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, and such participants and beneficiaries so enrolled in such plans. (b) Notification regarding nonparticipation in Drug Price Negotiation Program \nA group health plan or a health insurance issuer offering group health insurance coverage shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan or issuer to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made.. (B) Application to retiree and certain small group health plans \nSection 732(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191a(a) ) is amended by striking section 711 and inserting sections 711 and 726. (C) Clerical amendment \nThe table of sections for subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: Sec. 726. Drug Price Negotiation Program and application of maximum fair prices.. (3) IRC \n(A) In general \nSubchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9826. Drug Price Negotiation Program and application of maximum fair prices \n(a) In general \nIn the case of a group health plan that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary of Health and Human Services under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan— (1) the provisions of such part shall apply, as applicable— (A) if coverage of such selected drug is provided under such plan if the drug is furnished or dispensed at a pharmacy or by a mail order service, to the plan, and to the participants and beneficiaries enrolled under such plan during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants and beneficiaries enrolled under such prescription drug plans and MA–PD plans during such period; and (B) if coverage of such selected drug is provided under such plan if the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the plan, to the participants and beneficiaries enrolled under such plan, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary of Health and Human Services, to participants and beneficiaries entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan shall apply any cost-sharing responsibilities under such plan, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan and such participants and beneficiaries so enrolled in such plan. (b) Notification regarding nonparticipation in Drug Price Negotiation Program \nA group health plan shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan before the beginning of the plan year for which such election was made.. (B) Application to retiree and certain small group health plans \nSection 9831(a)(2) of the Internal Revenue Code of 1986 is amended by inserting other than with respect to section 9826, before any group health plan. (C) Clerical amendment \nThe table of sections for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item: Sec. 9826. Drug Price Negotiation Program and application of maximum fair prices..", "id": "H039254EDCDA848ED87C3B7092BE7AE78", "header": "Application to group health plans and health insurance coverage", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-111" }, { "text": "29 U.S.C. 1181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1181" }, { "text": "29 U.S.C. 1191a(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1191a" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" }, { "text": "Section 9831(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/9831" } ] } ], "links": [ { "text": "42 U.S.C. 1320f–1(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1320f-1" }, { "text": "42 U.S.C. 1320f–1(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1320f-1" }, { "text": "42 U.S.C. 1320f–5(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320f-5" }, { "text": "42 U.S.C. 1320f et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1320f" }, { "text": "42 U.S.C. 300gg–111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-111" }, { "text": "29 U.S.C. 1181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1181" }, { "text": "29 U.S.C. 1191a(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1191a" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" }, { "text": "Section 9831(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/9831" } ] }, { "text": "1197. Voluntary participation by other health plans \n(a) Agreement To participate under program \n(1) In general \nSubject to paragraph (2), under the program under this part the Secretary shall be treated as having in effect an agreement with a group health plan or health insurance issuer offering group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act), with respect to a price applicability period and a selected drug with respect to such period— (A) in the case such selected drug furnished or dispensed at a pharmacy or by mail order service if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or dispensed; and (B) in the case such selected drug furnished or administered by a hospital, physician, or other provider of services or supplier if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or administered. (2) Opting out of agreement \nThe Secretary shall not be treated as having in effect an agreement under the program under this part with a group health plan or health insurance issuer offering group or individual health insurance coverage with respect to a price applicability period and a selected drug with respect to such period if such a plan or issuer affirmatively elects, through a process specified by the Secretary, not to participate under the program with respect to such period and drug. (b) Publication of election \nWith respect to each price applicability period and each selected drug with respect to such period, the Secretary and the Secretary of Labor and the Secretary of the Treasury, as applicable, shall make public a list of each group health plan and each health insurance issuer offering group or individual health insurance coverage, with respect to which coverage is provided under such plan or coverage for such drug, that has elected under subsection (a) not to participate under the program with respect to such period and drug.", "id": "HA5A95B11EE3447E98C75D0CB9E9FC69E", "header": "Voluntary participation by other health plans", "nested": [ { "text": "(a) Agreement To participate under program \n(1) In general \nSubject to paragraph (2), under the program under this part the Secretary shall be treated as having in effect an agreement with a group health plan or health insurance issuer offering group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act), with respect to a price applicability period and a selected drug with respect to such period— (A) in the case such selected drug furnished or dispensed at a pharmacy or by mail order service if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or dispensed; and (B) in the case such selected drug furnished or administered by a hospital, physician, or other provider of services or supplier if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or administered. (2) Opting out of agreement \nThe Secretary shall not be treated as having in effect an agreement under the program under this part with a group health plan or health insurance issuer offering group or individual health insurance coverage with respect to a price applicability period and a selected drug with respect to such period if such a plan or issuer affirmatively elects, through a process specified by the Secretary, not to participate under the program with respect to such period and drug.", "id": "H371DECB95C7C40F0AD4D5B8B8C250C08", "header": "Agreement To participate under program", "nested": [], "links": [] }, { "text": "(b) Publication of election \nWith respect to each price applicability period and each selected drug with respect to such period, the Secretary and the Secretary of Labor and the Secretary of the Treasury, as applicable, shall make public a list of each group health plan and each health insurance issuer offering group or individual health insurance coverage, with respect to which coverage is provided under such plan or coverage for such drug, that has elected under subsection (a) not to participate under the program with respect to such period and drug.", "id": "H44FC2357F86547B591547F6FB356332A", "header": "Publication of election", "nested": [], "links": [] } ], "links": [] }, { "text": "2799A–11. Drug Price Negotiation Program and application of maximum fair prices \n(a) In general \nIn the case of a group health plan or health insurance issuer offering group or individual health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan or coverage— (1) the provisions of such part shall apply— (A) in the case the drug is furnished or dispensed at a pharmacy or by a mail order service, to such plan or coverage, and to the participants, beneficiaries, and enrollees enrolled under such plan or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants, beneficiaries, and enrollees enrolled under such prescription drug plans and MA–PD plans during such period; and (B) in the case the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to such plan or coverage, and to the participants, beneficiaries, and enrollees enrolled under such plan or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary, to participants, beneficiaries, and enrollees entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, such participants, beneficiaries, and enrollees so enrolled in such plans and coverage, and such hospitals, physicians, and other providers and suppliers participating in such plans and coverage. (b) Notification regarding nonparticipation in Drug Price Negotiation Program \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall publicly disclose, in a manner and in accordance with a process specified by the Secretary, any election made under section 1197 of the Social Security Act by such plan or issuer to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made.", "id": "HFA0A3181B26841A9ADC6214884B72A4A", "header": "Drug Price Negotiation Program and application of maximum fair prices", "nested": [ { "text": "(a) In general \nIn the case of a group health plan or health insurance issuer offering group or individual health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan or coverage— (1) the provisions of such part shall apply— (A) in the case the drug is furnished or dispensed at a pharmacy or by a mail order service, to such plan or coverage, and to the participants, beneficiaries, and enrollees enrolled under such plan or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants, beneficiaries, and enrollees enrolled under such prescription drug plans and MA–PD plans during such period; and (B) in the case the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to such plan or coverage, and to the participants, beneficiaries, and enrollees enrolled under such plan or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary, to participants, beneficiaries, and enrollees entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, such participants, beneficiaries, and enrollees so enrolled in such plans and coverage, and such hospitals, physicians, and other providers and suppliers participating in such plans and coverage.", "id": "H0576F92EDEAB41968AF50EAD0849844A", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Notification regarding nonparticipation in Drug Price Negotiation Program \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall publicly disclose, in a manner and in accordance with a process specified by the Secretary, any election made under section 1197 of the Social Security Act by such plan or issuer to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made.", "id": "HA91C0BBAD1374B4A85F06C888DB6A544", "header": "Notification regarding nonparticipation in Drug Price Negotiation Program", "nested": [], "links": [] } ], "links": [] }, { "text": "726. Drug Price Negotiation Program and application of maximum fair prices \n(a) In general \nIn the case of a group health plan or health insurance issuer offering group health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary of Health and Human Services under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan or coverage— (1) the provisions of such part shall apply, as applicable— (A) in the case the drug is furnished or dispensed at a pharmacy or by a mail order service, to such plan or coverage, and to the participants and beneficiaries enrolled under such plan or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants and beneficiaries enrolled under such prescription drug plans and MA–PD plans during such period; and (B) in the case the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the group health plan or coverage offered by an issuer, to the participants and beneficiaries enrolled under such plans or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary of Health and Human Services, to participants and beneficiaries entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, and such participants and beneficiaries so enrolled in such plans. (b) Notification regarding nonparticipation in Drug Price Negotiation Program \nA group health plan or a health insurance issuer offering group health insurance coverage shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan or issuer to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made.", "id": "HCA132C26E1504B39A630DA3E8B3BBD0B", "header": "Drug Price Negotiation Program and application of maximum fair prices", "nested": [ { "text": "(a) In general \nIn the case of a group health plan or health insurance issuer offering group health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary of Health and Human Services under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan or coverage— (1) the provisions of such part shall apply, as applicable— (A) in the case the drug is furnished or dispensed at a pharmacy or by a mail order service, to such plan or coverage, and to the participants and beneficiaries enrolled under such plan or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants and beneficiaries enrolled under such prescription drug plans and MA–PD plans during such period; and (B) in the case the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the group health plan or coverage offered by an issuer, to the participants and beneficiaries enrolled under such plans or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary of Health and Human Services, to participants and beneficiaries entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, and such participants and beneficiaries so enrolled in such plans.", "id": "H113BEB96BEB842CDBA57D257824CE1BD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Notification regarding nonparticipation in Drug Price Negotiation Program \nA group health plan or a health insurance issuer offering group health insurance coverage shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan or issuer to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made.", "id": "H791C54DBB22E4ED08C5A7A46409EDDBC", "header": "Notification regarding nonparticipation in Drug Price Negotiation Program", "nested": [], "links": [] } ], "links": [] }, { "text": "9826. Drug Price Negotiation Program and application of maximum fair prices \n(a) In general \nIn the case of a group health plan that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary of Health and Human Services under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan— (1) the provisions of such part shall apply, as applicable— (A) if coverage of such selected drug is provided under such plan if the drug is furnished or dispensed at a pharmacy or by a mail order service, to the plan, and to the participants and beneficiaries enrolled under such plan during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants and beneficiaries enrolled under such prescription drug plans and MA–PD plans during such period; and (B) if coverage of such selected drug is provided under such plan if the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the plan, to the participants and beneficiaries enrolled under such plan, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary of Health and Human Services, to participants and beneficiaries entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan shall apply any cost-sharing responsibilities under such plan, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan and such participants and beneficiaries so enrolled in such plan. (b) Notification regarding nonparticipation in Drug Price Negotiation Program \nA group health plan shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan before the beginning of the plan year for which such election was made.", "id": "HA853001418C54282A0C806342ED045BB", "header": "Drug Price Negotiation Program and application of maximum fair prices", "nested": [ { "text": "(a) In general \nIn the case of a group health plan that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary of Health and Human Services under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan— (1) the provisions of such part shall apply, as applicable— (A) if coverage of such selected drug is provided under such plan if the drug is furnished or dispensed at a pharmacy or by a mail order service, to the plan, and to the participants and beneficiaries enrolled under such plan during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants and beneficiaries enrolled under such prescription drug plans and MA–PD plans during such period; and (B) if coverage of such selected drug is provided under such plan if the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the plan, to the participants and beneficiaries enrolled under such plan, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary of Health and Human Services, to participants and beneficiaries entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan shall apply any cost-sharing responsibilities under such plan, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan and such participants and beneficiaries so enrolled in such plan.", "id": "H0C3C865EF9574837A645F66136457619", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Notification regarding nonparticipation in Drug Price Negotiation Program \nA group health plan shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan before the beginning of the plan year for which such election was made.", "id": "H792626BF522149F5B79B02AF81D6A730", "header": "Notification regarding nonparticipation in Drug Price Negotiation Program", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Application of prescription drug inflation rebates to drugs furnished in the commercial market \n(a) Part B drugs \n(1) Application of prescription drug inflation rebates to drugs furnished in the commercial market \nSection 1847A(i) of the Social Security Act (42 U.S.C. 1395w–3a(i)) is amended— (A) in paragraph (1)(A)(i), by striking units and inserting billing units ; (B) in paragraph (2)(A), by striking for which payment is made under this part and inserting that would be payable under this part if such drug were furnished to an individual enrolled under this part ; and (C) in paragraph (3)— (i) in subparagraph (A)(i), by striking units and inserting billing units ; and (ii) by striking subparagraph (B) and inserting the following: (B) Total number of billing units \nFor purposes of subparagraph (A)(i), the total number of billing units with respect to a part B rebatable drug is determined as follows: (i) Determine the total number of units equal to— (I) the total number of units, as reported under subsection (c)(1)(B) for each National Drug Code of such drug during the calendar quarter that is two calendar quarters prior to the calendar quarter as described in subparagraph (A), minus (II) the total number of units with respect to each National Drug Code of such drug for which payment was made under a State plan under title XIX (or waiver of such plan), as reported by States under section 1927(b)(2)(A) for the rebate period that is the same calendar quarter as described in subclause (I). (ii) Convert the units determined under clause (i) to billing units for the billing and payment code of such drug, using a methodology similar to the methodology used under this section, by dividing the units determined under clause (i) for each National Drug Code of such drug by the billing unit for the billing and payment code of such drug. (iii) Compute the sum of the billing units for each National Drug Code of such drug in clause (ii).. (2) Effective date \nThe amendments made by this subsection shall apply with respect to calendar quarters beginning after the date of the enactment of this Act. (b) Covered part D drugs \n(1) Application of prescription drug inflation rebates to drugs furnished in the commercial market \nSection 1860D–14B of the Social Security Act ( 42 U.S.C. 1395w–114b ) is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A)(i), by striking the total number of units and all that follows through the semicolon and inserting the following: the total number of units that are used to calculate the average manufacturer price of such dosage form and strength with respect to such part D rebatable drug, as reported by the manufacturer of such drug under section 1927 for each month, with respect to such period; ; and (II) by striking subparagraph (B) and inserting the following: (B) Excluded units \nFor purposes of subparagraph (A)(i), the Secretary shall exclude from the total number of units for a dosage form and strength with respect to a part D rebatable drug, with respect to an applicable period, the following: (i) Units of each dosage form and strength of such part D rebatable drug for which payment was made under a State plan under title XIX (or waiver of such plan), as reported by States under section 1927(b)(2)(A). (ii) Units of each dosage form and strength of such part D rebatable drug for which a rebate is paid under section 1847A(i). (iii) Beginning with plan year 2026, units of each dosage form and strength of such part D rebatable drug for which the manufacturer provides a discount under the program under section 340B of the Public Health Service Act. ; and (ii) in paragraph (6), by striking information.—The Secretary and all that follows through rebatable covered part D drug dispensed and inserting the following: AMP reports.—The Secretary shall provide for a method and process under which, in the case of a manufacturer of a part D rebatable drug that submits revisions to information submitted under section 1927 by the manufacturer with respect to such drug ; and (B) by striking subsection (d) and inserting the following: (d) Information \nFor purposes of carrying out this section, the Secretary shall use information submitted by manufacturers under section 1927(b)(3) and information submitted by States under section 1927(b)(2)(A).. (2) Effective date \nThe amendments made by this subsection shall apply with respect to applicable periods (as defined in section 1860D–14B(g)(7) of the Social Security Act (42 U.S.C. 1395w–114b(g)(7))) beginning after the date of the enactment of this Act.", "id": "HBDB644B8F573465EA4C64977423F37A8", "header": "Application of prescription drug inflation rebates to drugs furnished in the commercial market", "nested": [ { "text": "(a) Part B drugs \n(1) Application of prescription drug inflation rebates to drugs furnished in the commercial market \nSection 1847A(i) of the Social Security Act (42 U.S.C. 1395w–3a(i)) is amended— (A) in paragraph (1)(A)(i), by striking units and inserting billing units ; (B) in paragraph (2)(A), by striking for which payment is made under this part and inserting that would be payable under this part if such drug were furnished to an individual enrolled under this part ; and (C) in paragraph (3)— (i) in subparagraph (A)(i), by striking units and inserting billing units ; and (ii) by striking subparagraph (B) and inserting the following: (B) Total number of billing units \nFor purposes of subparagraph (A)(i), the total number of billing units with respect to a part B rebatable drug is determined as follows: (i) Determine the total number of units equal to— (I) the total number of units, as reported under subsection (c)(1)(B) for each National Drug Code of such drug during the calendar quarter that is two calendar quarters prior to the calendar quarter as described in subparagraph (A), minus (II) the total number of units with respect to each National Drug Code of such drug for which payment was made under a State plan under title XIX (or waiver of such plan), as reported by States under section 1927(b)(2)(A) for the rebate period that is the same calendar quarter as described in subclause (I). (ii) Convert the units determined under clause (i) to billing units for the billing and payment code of such drug, using a methodology similar to the methodology used under this section, by dividing the units determined under clause (i) for each National Drug Code of such drug by the billing unit for the billing and payment code of such drug. (iii) Compute the sum of the billing units for each National Drug Code of such drug in clause (ii).. (2) Effective date \nThe amendments made by this subsection shall apply with respect to calendar quarters beginning after the date of the enactment of this Act.", "id": "H9CED5141FCE5440AA289DCE1447D5D18", "header": "Part B drugs", "nested": [], "links": [] }, { "text": "(b) Covered part D drugs \n(1) Application of prescription drug inflation rebates to drugs furnished in the commercial market \nSection 1860D–14B of the Social Security Act ( 42 U.S.C. 1395w–114b ) is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A)(i), by striking the total number of units and all that follows through the semicolon and inserting the following: the total number of units that are used to calculate the average manufacturer price of such dosage form and strength with respect to such part D rebatable drug, as reported by the manufacturer of such drug under section 1927 for each month, with respect to such period; ; and (II) by striking subparagraph (B) and inserting the following: (B) Excluded units \nFor purposes of subparagraph (A)(i), the Secretary shall exclude from the total number of units for a dosage form and strength with respect to a part D rebatable drug, with respect to an applicable period, the following: (i) Units of each dosage form and strength of such part D rebatable drug for which payment was made under a State plan under title XIX (or waiver of such plan), as reported by States under section 1927(b)(2)(A). (ii) Units of each dosage form and strength of such part D rebatable drug for which a rebate is paid under section 1847A(i). (iii) Beginning with plan year 2026, units of each dosage form and strength of such part D rebatable drug for which the manufacturer provides a discount under the program under section 340B of the Public Health Service Act. ; and (ii) in paragraph (6), by striking information.—The Secretary and all that follows through rebatable covered part D drug dispensed and inserting the following: AMP reports.—The Secretary shall provide for a method and process under which, in the case of a manufacturer of a part D rebatable drug that submits revisions to information submitted under section 1927 by the manufacturer with respect to such drug ; and (B) by striking subsection (d) and inserting the following: (d) Information \nFor purposes of carrying out this section, the Secretary shall use information submitted by manufacturers under section 1927(b)(3) and information submitted by States under section 1927(b)(2)(A).. (2) Effective date \nThe amendments made by this subsection shall apply with respect to applicable periods (as defined in section 1860D–14B(g)(7) of the Social Security Act (42 U.S.C. 1395w–114b(g)(7))) beginning after the date of the enactment of this Act.", "id": "H18787D14C38840DAB4CBA0C01407F56D", "header": "Covered part D drugs", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–114b", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-114b" } ] } ], "links": [ { "text": "42 U.S.C. 1395w–114b", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-114b" } ] } ]
7
1. Short title This Act may be cited as the Lowering Drug Costs for American Families Act. 2. Expanding the drug price negotiation program (a) Increasing the number of drugs subject to negotiation Section 1192(a)(4) of the Social Security Act ( 42 U.S.C. 1320f–1(a)(4) ) is amended by striking 20 each place it appears and inserting 50 in each such place. (b) Expansion of definition of maximum fair price eligible individual Section 1191(c)(2) of the Social Security Act ( 42 U.S.C. 1320f–1(c)(2) ) is amended— (1) in subparagraph (A), by inserting , or a participant, beneficiary, or enrollee who is enrolled under a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act) with respect to which there is in effect an agreement with the Secretary under section 1197 with respect to such selected drug as so furnished or dispensed after such selected drug ; and (2) in subparagraph (B), by inserting , or a participant, beneficiary, or enrollee who is enrolled under a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act) with respect to which there is in effect an agreement with the Secretary under section 1197 with respect to such selected drug as so furnished or administered after such selected drug. (c) Application of administrative procedures to new maximum fair price eligible individuals Section 1196(a)(3) of the Social Security Act ( 42 U.S.C. 1320f–5(a)(3) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (C) maximum fair price eligible individuals not described in subparagraph (A) or (B).. (d) Health insurer agreements Part E of title XI of the Social Security Act ( 42 U.S.C. 1320f et seq. ) is amended— (1) by redesignating sections 1197 and 1198 as sections 1198 and 1199, respectively; and (2) by inserting after section 1196 the following new section: 1197. Voluntary participation by other health plans (a) Agreement To participate under program (1) In general Subject to paragraph (2), under the program under this part the Secretary shall be treated as having in effect an agreement with a group health plan or health insurance issuer offering group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act), with respect to a price applicability period and a selected drug with respect to such period— (A) in the case such selected drug furnished or dispensed at a pharmacy or by mail order service if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or dispensed; and (B) in the case such selected drug furnished or administered by a hospital, physician, or other provider of services or supplier if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or administered. (2) Opting out of agreement The Secretary shall not be treated as having in effect an agreement under the program under this part with a group health plan or health insurance issuer offering group or individual health insurance coverage with respect to a price applicability period and a selected drug with respect to such period if such a plan or issuer affirmatively elects, through a process specified by the Secretary, not to participate under the program with respect to such period and drug. (b) Publication of election With respect to each price applicability period and each selected drug with respect to such period, the Secretary and the Secretary of Labor and the Secretary of the Treasury, as applicable, shall make public a list of each group health plan and each health insurance issuer offering group or individual health insurance coverage, with respect to which coverage is provided under such plan or coverage for such drug, that has elected under subsection (a) not to participate under the program with respect to such period and drug.. (e) Application to group health plans and health insurance coverage (1) PHSA Part D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq. ) is amended by adding at the end the following new section: 2799A–11. Drug Price Negotiation Program and application of maximum fair prices (a) In general In the case of a group health plan or health insurance issuer offering group or individual health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan or coverage— (1) the provisions of such part shall apply— (A) in the case the drug is furnished or dispensed at a pharmacy or by a mail order service, to such plan or coverage, and to the participants, beneficiaries, and enrollees enrolled under such plan or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants, beneficiaries, and enrollees enrolled under such prescription drug plans and MA–PD plans during such period; and (B) in the case the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to such plan or coverage, and to the participants, beneficiaries, and enrollees enrolled under such plan or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary, to participants, beneficiaries, and enrollees entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, such participants, beneficiaries, and enrollees so enrolled in such plans and coverage, and such hospitals, physicians, and other providers and suppliers participating in such plans and coverage. (b) Notification regarding nonparticipation in Drug Price Negotiation Program A group health plan or a health insurance issuer offering group or individual health insurance coverage shall publicly disclose, in a manner and in accordance with a process specified by the Secretary, any election made under section 1197 of the Social Security Act by such plan or issuer to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made.. (2) ERISA (A) In general Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq. ) is amended by adding at the end the following new section: 726. Drug Price Negotiation Program and application of maximum fair prices (a) In general In the case of a group health plan or health insurance issuer offering group health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary of Health and Human Services under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan or coverage— (1) the provisions of such part shall apply, as applicable— (A) in the case the drug is furnished or dispensed at a pharmacy or by a mail order service, to such plan or coverage, and to the participants and beneficiaries enrolled under such plan or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants and beneficiaries enrolled under such prescription drug plans and MA–PD plans during such period; and (B) in the case the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the group health plan or coverage offered by an issuer, to the participants and beneficiaries enrolled under such plans or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary of Health and Human Services, to participants and beneficiaries entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, and such participants and beneficiaries so enrolled in such plans. (b) Notification regarding nonparticipation in Drug Price Negotiation Program A group health plan or a health insurance issuer offering group health insurance coverage shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan or issuer to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made.. (B) Application to retiree and certain small group health plans Section 732(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191a(a) ) is amended by striking section 711 and inserting sections 711 and 726. (C) Clerical amendment The table of sections for subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: Sec. 726. Drug Price Negotiation Program and application of maximum fair prices.. (3) IRC (A) In general Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9826. Drug Price Negotiation Program and application of maximum fair prices (a) In general In the case of a group health plan that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary of Health and Human Services under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan— (1) the provisions of such part shall apply, as applicable— (A) if coverage of such selected drug is provided under such plan if the drug is furnished or dispensed at a pharmacy or by a mail order service, to the plan, and to the participants and beneficiaries enrolled under such plan during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants and beneficiaries enrolled under such prescription drug plans and MA–PD plans during such period; and (B) if coverage of such selected drug is provided under such plan if the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the plan, to the participants and beneficiaries enrolled under such plan, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary of Health and Human Services, to participants and beneficiaries entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan shall apply any cost-sharing responsibilities under such plan, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan and such participants and beneficiaries so enrolled in such plan. (b) Notification regarding nonparticipation in Drug Price Negotiation Program A group health plan shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan before the beginning of the plan year for which such election was made.. (B) Application to retiree and certain small group health plans Section 9831(a)(2) of the Internal Revenue Code of 1986 is amended by inserting other than with respect to section 9826, before any group health plan. (C) Clerical amendment The table of sections for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item: Sec. 9826. Drug Price Negotiation Program and application of maximum fair prices.. 1197. Voluntary participation by other health plans (a) Agreement To participate under program (1) In general Subject to paragraph (2), under the program under this part the Secretary shall be treated as having in effect an agreement with a group health plan or health insurance issuer offering group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act), with respect to a price applicability period and a selected drug with respect to such period— (A) in the case such selected drug furnished or dispensed at a pharmacy or by mail order service if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or dispensed; and (B) in the case such selected drug furnished or administered by a hospital, physician, or other provider of services or supplier if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or administered. (2) Opting out of agreement The Secretary shall not be treated as having in effect an agreement under the program under this part with a group health plan or health insurance issuer offering group or individual health insurance coverage with respect to a price applicability period and a selected drug with respect to such period if such a plan or issuer affirmatively elects, through a process specified by the Secretary, not to participate under the program with respect to such period and drug. (b) Publication of election With respect to each price applicability period and each selected drug with respect to such period, the Secretary and the Secretary of Labor and the Secretary of the Treasury, as applicable, shall make public a list of each group health plan and each health insurance issuer offering group or individual health insurance coverage, with respect to which coverage is provided under such plan or coverage for such drug, that has elected under subsection (a) not to participate under the program with respect to such period and drug. 2799A–11. Drug Price Negotiation Program and application of maximum fair prices (a) In general In the case of a group health plan or health insurance issuer offering group or individual health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan or coverage— (1) the provisions of such part shall apply— (A) in the case the drug is furnished or dispensed at a pharmacy or by a mail order service, to such plan or coverage, and to the participants, beneficiaries, and enrollees enrolled under such plan or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants, beneficiaries, and enrollees enrolled under such prescription drug plans and MA–PD plans during such period; and (B) in the case the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to such plan or coverage, and to the participants, beneficiaries, and enrollees enrolled under such plan or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary, to participants, beneficiaries, and enrollees entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, such participants, beneficiaries, and enrollees so enrolled in such plans and coverage, and such hospitals, physicians, and other providers and suppliers participating in such plans and coverage. (b) Notification regarding nonparticipation in Drug Price Negotiation Program A group health plan or a health insurance issuer offering group or individual health insurance coverage shall publicly disclose, in a manner and in accordance with a process specified by the Secretary, any election made under section 1197 of the Social Security Act by such plan or issuer to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made. 726. Drug Price Negotiation Program and application of maximum fair prices (a) In general In the case of a group health plan or health insurance issuer offering group health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary of Health and Human Services under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan or coverage— (1) the provisions of such part shall apply, as applicable— (A) in the case the drug is furnished or dispensed at a pharmacy or by a mail order service, to such plan or coverage, and to the participants and beneficiaries enrolled under such plan or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants and beneficiaries enrolled under such prescription drug plans and MA–PD plans during such period; and (B) in the case the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the group health plan or coverage offered by an issuer, to the participants and beneficiaries enrolled under such plans or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary of Health and Human Services, to participants and beneficiaries entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, and such participants and beneficiaries so enrolled in such plans. (b) Notification regarding nonparticipation in Drug Price Negotiation Program A group health plan or a health insurance issuer offering group health insurance coverage shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan or issuer to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made. 9826. Drug Price Negotiation Program and application of maximum fair prices (a) In general In the case of a group health plan that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary of Health and Human Services under the Drug Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period for which coverage is provided under such plan— (1) the provisions of such part shall apply, as applicable— (A) if coverage of such selected drug is provided under such plan if the drug is furnished or dispensed at a pharmacy or by a mail order service, to the plan, and to the participants and beneficiaries enrolled under such plan during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA–PD plans, and to participants and beneficiaries enrolled under such prescription drug plans and MA–PD plans during such period; and (B) if coverage of such selected drug is provided under such plan if the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the plan, to the participants and beneficiaries enrolled under such plan, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary of Health and Human Services, to participants and beneficiaries entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; (2) the plan shall apply any cost-sharing responsibilities under such plan, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and (3) the Secretary shall apply the provisions of such part E to such plan and such participants and beneficiaries so enrolled in such plan. (b) Notification regarding nonparticipation in Drug Price Negotiation Program A group health plan shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan to not participate in the Drug Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan before the beginning of the plan year for which such election was made. 3. Application of prescription drug inflation rebates to drugs furnished in the commercial market (a) Part B drugs (1) Application of prescription drug inflation rebates to drugs furnished in the commercial market Section 1847A(i) of the Social Security Act (42 U.S.C. 1395w–3a(i)) is amended— (A) in paragraph (1)(A)(i), by striking units and inserting billing units ; (B) in paragraph (2)(A), by striking for which payment is made under this part and inserting that would be payable under this part if such drug were furnished to an individual enrolled under this part ; and (C) in paragraph (3)— (i) in subparagraph (A)(i), by striking units and inserting billing units ; and (ii) by striking subparagraph (B) and inserting the following: (B) Total number of billing units For purposes of subparagraph (A)(i), the total number of billing units with respect to a part B rebatable drug is determined as follows: (i) Determine the total number of units equal to— (I) the total number of units, as reported under subsection (c)(1)(B) for each National Drug Code of such drug during the calendar quarter that is two calendar quarters prior to the calendar quarter as described in subparagraph (A), minus (II) the total number of units with respect to each National Drug Code of such drug for which payment was made under a State plan under title XIX (or waiver of such plan), as reported by States under section 1927(b)(2)(A) for the rebate period that is the same calendar quarter as described in subclause (I). (ii) Convert the units determined under clause (i) to billing units for the billing and payment code of such drug, using a methodology similar to the methodology used under this section, by dividing the units determined under clause (i) for each National Drug Code of such drug by the billing unit for the billing and payment code of such drug. (iii) Compute the sum of the billing units for each National Drug Code of such drug in clause (ii).. (2) Effective date The amendments made by this subsection shall apply with respect to calendar quarters beginning after the date of the enactment of this Act. (b) Covered part D drugs (1) Application of prescription drug inflation rebates to drugs furnished in the commercial market Section 1860D–14B of the Social Security Act ( 42 U.S.C. 1395w–114b ) is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A)(i), by striking the total number of units and all that follows through the semicolon and inserting the following: the total number of units that are used to calculate the average manufacturer price of such dosage form and strength with respect to such part D rebatable drug, as reported by the manufacturer of such drug under section 1927 for each month, with respect to such period; ; and (II) by striking subparagraph (B) and inserting the following: (B) Excluded units For purposes of subparagraph (A)(i), the Secretary shall exclude from the total number of units for a dosage form and strength with respect to a part D rebatable drug, with respect to an applicable period, the following: (i) Units of each dosage form and strength of such part D rebatable drug for which payment was made under a State plan under title XIX (or waiver of such plan), as reported by States under section 1927(b)(2)(A). (ii) Units of each dosage form and strength of such part D rebatable drug for which a rebate is paid under section 1847A(i). (iii) Beginning with plan year 2026, units of each dosage form and strength of such part D rebatable drug for which the manufacturer provides a discount under the program under section 340B of the Public Health Service Act. ; and (ii) in paragraph (6), by striking information.—The Secretary and all that follows through rebatable covered part D drug dispensed and inserting the following: AMP reports.—The Secretary shall provide for a method and process under which, in the case of a manufacturer of a part D rebatable drug that submits revisions to information submitted under section 1927 by the manufacturer with respect to such drug ; and (B) by striking subsection (d) and inserting the following: (d) Information For purposes of carrying out this section, the Secretary shall use information submitted by manufacturers under section 1927(b)(3) and information submitted by States under section 1927(b)(2)(A).. (2) Effective date The amendments made by this subsection shall apply with respect to applicable periods (as defined in section 1860D–14B(g)(7) of the Social Security Act (42 U.S.C. 1395w–114b(g)(7))) beginning after the date of the enactment of this Act.
31,218
[ "Energy and Commerce Committee", "Education and the Workforce Committee", "Ways and Means Committee" ]
118hr6245rfs
118
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6,245
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To require the Secretary of the Treasury to report on financial institutions’ involvement with officials of the Iranian Government, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Holding Iranian Leaders Accountable Act of 2023.", "id": "H524542931F784544902C6D89FE91C5AC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) Iran is characterized by high levels of official and institutional corruption, and substantial involvement by Iran’s security forces, particularly the Islamic Revolutionary Guard Corps (IRGC), in the economy. (2) The Department of Treasury in 2019 designated the Islamic Republic of Iran’s financial sector as a jurisdiction of primary money laundering concern, concluding, Iran has developed covert methods for accessing the international financial system and pursuing its malign activities, including misusing banks and exchange houses, operating procurement networks that utilize front or shell companies, exploiting commercial shipping, and masking illicit transactions using senior officials, including those at the Central Bank of Iran (CBI).. (3) In June 2019, the Financial Action Task Force (FATF) urged all jurisdictions to require increased supervisory examination for branches and subsidiaries of financial institutions based in Iran. The FATF later called upon its members to introduce enhanced relevant reporting mechanisms or systematic reporting of financial transactions, and require increased external audit requirements, for financial groups with respect to any of their branches and subsidiaries located in Iran. (4) According to the State Department’s Country Reports on Terrorism in 2021, Iran continued to be the leading state sponsor of terrorism, facilitating a wide range of terrorist and other illicit activities around the world. Regionally, Iran supported acts of terrorism in Bahrain, Iraq, Lebanon, Syria, and Yemen through proxies and partner groups such as Hizballah and Hamas..", "id": "HDFDCD6457595402B8BE3A03049B3BEEA", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Report on financial institutions and assets connected to certain Iranian officials \n(a) Financial institutions and assets report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the President shall submit a report to the appropriate Members of Congress containing— (A) the estimated total funds or assets that are under direct or indirect control by each of the natural persons described under subsection (b), and a description of such funds or assets, except that the President may limit coverage of the report to not fewer than 5 of such natural persons in order to meet the submission deadline described under this paragraph; (B) a description of how such funds or assets were acquired, and how they have been used or employed; (C) a list of any non-Iranian financial institutions that— (i) maintain an account in connection with funds or assets described in subparagraph (A); or (ii) knowingly provide significant financial services to a natural person covered by the report; and (D) a description of any illicit or corrupt means employed to acquire or use such funds or assets. (2) Exemptions \nThe requirements described under paragraph (1) may not be applied with respect to a natural person or a financial institution, as the case may be, if the President determines: (A) The funds or assets described under subparagraph (A) of paragraph (1) were acquired through legal or noncorrupt means. (B) The natural person has agreed to provide significant cooperation to the United States for an important national security or law enforcement purpose with respect to Iran. (C) A financial institution that would otherwise be listed in the report required by paragraph (1) has agreed to— (i) no longer maintain an account described under subparagraph (C)(i) of paragraph (1); (ii) no longer provide significant financial services to a natural person covered by the report; or (iii) provide significant cooperation to the United States for an important national security or law enforcement purpose with respect to Iran. (3) Waiver \nThe President may waive for up to 1 year at a time any requirement under paragraph (1) with respect to a natural person or a financial institution after reporting in writing to the appropriate Members of Congress that the waiver is in the national interest of the United States, with a detailed explanation of the reasons therefor. (b) Persons described \nThe natural persons described in this subsection are the following: (1) The Supreme Leader of Iran. (2) The President of Iran. (3) The members of the Council of Guardians. (4) The members of the Expediency Council. (5) The Minister of Intelligence and Security. (6) The Commander and the Deputy Commander of the IRGC. (7) The Commander and the Deputy Commander of the IRGC Ground Forces. (8) The Commander and the Deputy Commander of the IRGC Aerospace Force. (9) The Commander and the Deputy Commander of the IRGC Navy. (10) The Commander of the Basij-e-Mostaz’afin. (11) The Commander of the Qods Force. (12) The Commander in Chief of the Police Force. (13) The head of the IRGC Joint Staff. (14) The Commander of the IRGC Intelligence. (15) The head of the IRGC Imam Hussein University. (16) The Supreme Leader’s Representative at the IRGC. (17) The Chief Executive Officer and the Chairman of the IRGC Cooperative Foundation. (18) The Commander of the Khatam-al-Anbia Construction Head Quarter. (19) The Chief Executive Officer of the Basij Cooperative Foundation. (20) The head of the Political Bureau of the IRGC. (21) The senior leadership as determined by the President of the following groups: (A) Hizballah. (B) Hamas. (C) Palestinian Islamic Jihad. (D) Kata’ib Hizballah. (c) Form of report; public availability \n(1) Form \nThe report required under subsection (a) and any waiver under subsection (a)(3) shall be submitted in unclassified form but may contain a classified annex. (2) Public availability \nThe Secretary shall make the unclassified portion of such report public if the Secretary notifies the appropriate Members of Congress that the publication is in the national interest of the United States and would substantially promote— (A) deterring or sanctioning official corruption in Iran; (B) holding natural persons or financial institutions listed in the report accountable to the people of Iran; (C) combating money laundering or the financing of terrorism; or (D) achieving any other strategic objective with respect to the Government of Iran. (3) Format of publicly available reports \nIf the Secretary makes the unclassified portion of a report public pursuant to paragraph (2), the Secretary shall make it available to the public on the website of the Department of the Treasury— (A) in English, Farsi, Arabic, and Azeri; and (B) in precompressed, easily downloadable versions that are made available in all appropriate formats.", "id": "H64F3F7D836BC4FD59A0CCDFE606DE05C", "header": "Report on financial institutions and assets connected to certain Iranian officials", "nested": [ { "text": "(a) Financial institutions and assets report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the President shall submit a report to the appropriate Members of Congress containing— (A) the estimated total funds or assets that are under direct or indirect control by each of the natural persons described under subsection (b), and a description of such funds or assets, except that the President may limit coverage of the report to not fewer than 5 of such natural persons in order to meet the submission deadline described under this paragraph; (B) a description of how such funds or assets were acquired, and how they have been used or employed; (C) a list of any non-Iranian financial institutions that— (i) maintain an account in connection with funds or assets described in subparagraph (A); or (ii) knowingly provide significant financial services to a natural person covered by the report; and (D) a description of any illicit or corrupt means employed to acquire or use such funds or assets. (2) Exemptions \nThe requirements described under paragraph (1) may not be applied with respect to a natural person or a financial institution, as the case may be, if the President determines: (A) The funds or assets described under subparagraph (A) of paragraph (1) were acquired through legal or noncorrupt means. (B) The natural person has agreed to provide significant cooperation to the United States for an important national security or law enforcement purpose with respect to Iran. (C) A financial institution that would otherwise be listed in the report required by paragraph (1) has agreed to— (i) no longer maintain an account described under subparagraph (C)(i) of paragraph (1); (ii) no longer provide significant financial services to a natural person covered by the report; or (iii) provide significant cooperation to the United States for an important national security or law enforcement purpose with respect to Iran. (3) Waiver \nThe President may waive for up to 1 year at a time any requirement under paragraph (1) with respect to a natural person or a financial institution after reporting in writing to the appropriate Members of Congress that the waiver is in the national interest of the United States, with a detailed explanation of the reasons therefor.", "id": "HE606798FA6164651A06E5237572263B3", "header": "Financial institutions and assets report", "nested": [], "links": [] }, { "text": "(b) Persons described \nThe natural persons described in this subsection are the following: (1) The Supreme Leader of Iran. (2) The President of Iran. (3) The members of the Council of Guardians. (4) The members of the Expediency Council. (5) The Minister of Intelligence and Security. (6) The Commander and the Deputy Commander of the IRGC. (7) The Commander and the Deputy Commander of the IRGC Ground Forces. (8) The Commander and the Deputy Commander of the IRGC Aerospace Force. (9) The Commander and the Deputy Commander of the IRGC Navy. (10) The Commander of the Basij-e-Mostaz’afin. (11) The Commander of the Qods Force. (12) The Commander in Chief of the Police Force. (13) The head of the IRGC Joint Staff. (14) The Commander of the IRGC Intelligence. (15) The head of the IRGC Imam Hussein University. (16) The Supreme Leader’s Representative at the IRGC. (17) The Chief Executive Officer and the Chairman of the IRGC Cooperative Foundation. (18) The Commander of the Khatam-al-Anbia Construction Head Quarter. (19) The Chief Executive Officer of the Basij Cooperative Foundation. (20) The head of the Political Bureau of the IRGC. (21) The senior leadership as determined by the President of the following groups: (A) Hizballah. (B) Hamas. (C) Palestinian Islamic Jihad. (D) Kata’ib Hizballah.", "id": "H5ACB58472C2D413393876557CEF2936B", "header": "Persons described", "nested": [], "links": [] }, { "text": "(c) Form of report; public availability \n(1) Form \nThe report required under subsection (a) and any waiver under subsection (a)(3) shall be submitted in unclassified form but may contain a classified annex. (2) Public availability \nThe Secretary shall make the unclassified portion of such report public if the Secretary notifies the appropriate Members of Congress that the publication is in the national interest of the United States and would substantially promote— (A) deterring or sanctioning official corruption in Iran; (B) holding natural persons or financial institutions listed in the report accountable to the people of Iran; (C) combating money laundering or the financing of terrorism; or (D) achieving any other strategic objective with respect to the Government of Iran. (3) Format of publicly available reports \nIf the Secretary makes the unclassified portion of a report public pursuant to paragraph (2), the Secretary shall make it available to the public on the website of the Department of the Treasury— (A) in English, Farsi, Arabic, and Azeri; and (B) in precompressed, easily downloadable versions that are made available in all appropriate formats.", "id": "HE3C5389989DA4DC3BB842C3A7666B383", "header": "Form of report; public availability", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Restrictions on certain financial institutions \n(a) In general \nNot later than the date that is 90 days after submitting a report described under section 3(a)(1), the Secretary shall undertake the following with respect to a financial institution that is described under section 3(a)(1)(C) and listed in the report: (1) If the financial institution is a United States financial institution, require the closure of any account described in section 3(a)(1)(C)(i), and prohibit the provision of significant financial services, directly or indirectly, to a natural person covered by the report. (2) If the financial institution is a foreign financial institution, actively seek the closure of any account described in section 3(a)(1)(C)(i), and the cessation of significant financial services to a natural person covered by the report, using any existing authorities of the Secretary, as appropriate. (b) Suspension \nThe Secretary may suspend the application of subsection (a) with respect to a financial institution upon reporting to the appropriate Members of Congress that the suspension is in the national interest of the United States, with a detailed explanation of the reasons therefor.", "id": "HA55BE5E870FF463E87A05456C6DF1698", "header": "Restrictions on certain financial institutions", "nested": [ { "text": "(a) In general \nNot later than the date that is 90 days after submitting a report described under section 3(a)(1), the Secretary shall undertake the following with respect to a financial institution that is described under section 3(a)(1)(C) and listed in the report: (1) If the financial institution is a United States financial institution, require the closure of any account described in section 3(a)(1)(C)(i), and prohibit the provision of significant financial services, directly or indirectly, to a natural person covered by the report. (2) If the financial institution is a foreign financial institution, actively seek the closure of any account described in section 3(a)(1)(C)(i), and the cessation of significant financial services to a natural person covered by the report, using any existing authorities of the Secretary, as appropriate.", "id": "HCF93233B2DC048A9A8981BE63829C163", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Suspension \nThe Secretary may suspend the application of subsection (a) with respect to a financial institution upon reporting to the appropriate Members of Congress that the suspension is in the national interest of the United States, with a detailed explanation of the reasons therefor.", "id": "H815B90EAAA144899806C8018235B63A4", "header": "Suspension", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Exceptions for national security; implementation authority \nThe following activities shall be exempt from requirements under sections 3 and 4: (1) 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 to any authorized intelligence activities of the United States. (2) The admission of an alien to the United States if such admission is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, or under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations of the United States. (3) The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran, including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes.", "id": "H68B712FFC35E4BF1ACE569F17B0EF9E5", "header": "Exceptions for national security; implementation authority", "nested": [], "links": [ { "text": "50 U.S.C. 3091 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3091" } ] }, { "text": "6. Sunset \nThe provisions of this Act shall have no force or effect on the earlier of— (1) the date that is 5 years after the date of enactment of this Act; or (2) 30 days after the Secretary reports in writing to the appropriate Members of Congress that— (A) Iran is not a jurisdiction of primary money laundering concern; or (B) the Government of Iran is providing significant cooperation to the United States for the purpose of preventing acts of international terrorism, or for the promotion of any other strategic objective that is important to the national interest of the United States, as specified in the report by the Secretary.", "id": "H4B709AA65D2A4593B9A2CE875ABE9AB6", "header": "Sunset", "nested": [], "links": [] }, { "text": "7. Definitions \nFor purposes of this Act: (1) Appropriate Members of congress \nThe term appropriate Members of Congress means the Speaker and Minority Leader of the House of Representatives, the Majority Leader and Minority Leader of the Senate, the Chairman and Ranking Member of the Committee on Financial Services of the House of Representatives, and the Chairman and Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Financial institution \nThe term financial institution means a United States financial institution or a foreign financial institution. (3) Foreign financial institution \nThe term foreign financial institution has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations. (4) Funds \nThe term funds means— (A) cash; (B) equity; (C) any other asset whose value is derived from a contractual claim, including bank deposits, bonds, stocks, a security as defined in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) ), or a security or an equity security as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ); and (D) anything else that the Secretary determines appropriate. (5) 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. (6) Secretary \nThe term Secretary means the Secretary of the Treasury. (7) United states financial institution \nThe term United States financial institution has the meaning given the term U.S. financial institution under section 561.309 of title 31, Code of Federal Regulations.", "id": "HF2B7C1CAA9084A8EAE0E3518898C3857", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 77b(a)", "legal-doc": "usc", "parsable-cite": "usc/15/77b" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" } ] } ]
7
1. Short title This Act may be cited as the Holding Iranian Leaders Accountable Act of 2023. 2. Findings The Congress finds the following: (1) Iran is characterized by high levels of official and institutional corruption, and substantial involvement by Iran’s security forces, particularly the Islamic Revolutionary Guard Corps (IRGC), in the economy. (2) The Department of Treasury in 2019 designated the Islamic Republic of Iran’s financial sector as a jurisdiction of primary money laundering concern, concluding, Iran has developed covert methods for accessing the international financial system and pursuing its malign activities, including misusing banks and exchange houses, operating procurement networks that utilize front or shell companies, exploiting commercial shipping, and masking illicit transactions using senior officials, including those at the Central Bank of Iran (CBI).. (3) In June 2019, the Financial Action Task Force (FATF) urged all jurisdictions to require increased supervisory examination for branches and subsidiaries of financial institutions based in Iran. The FATF later called upon its members to introduce enhanced relevant reporting mechanisms or systematic reporting of financial transactions, and require increased external audit requirements, for financial groups with respect to any of their branches and subsidiaries located in Iran. (4) According to the State Department’s Country Reports on Terrorism in 2021, Iran continued to be the leading state sponsor of terrorism, facilitating a wide range of terrorist and other illicit activities around the world. Regionally, Iran supported acts of terrorism in Bahrain, Iraq, Lebanon, Syria, and Yemen through proxies and partner groups such as Hizballah and Hamas.. 3. Report on financial institutions and assets connected to certain Iranian officials (a) Financial institutions and assets report (1) In general Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the President shall submit a report to the appropriate Members of Congress containing— (A) the estimated total funds or assets that are under direct or indirect control by each of the natural persons described under subsection (b), and a description of such funds or assets, except that the President may limit coverage of the report to not fewer than 5 of such natural persons in order to meet the submission deadline described under this paragraph; (B) a description of how such funds or assets were acquired, and how they have been used or employed; (C) a list of any non-Iranian financial institutions that— (i) maintain an account in connection with funds or assets described in subparagraph (A); or (ii) knowingly provide significant financial services to a natural person covered by the report; and (D) a description of any illicit or corrupt means employed to acquire or use such funds or assets. (2) Exemptions The requirements described under paragraph (1) may not be applied with respect to a natural person or a financial institution, as the case may be, if the President determines: (A) The funds or assets described under subparagraph (A) of paragraph (1) were acquired through legal or noncorrupt means. (B) The natural person has agreed to provide significant cooperation to the United States for an important national security or law enforcement purpose with respect to Iran. (C) A financial institution that would otherwise be listed in the report required by paragraph (1) has agreed to— (i) no longer maintain an account described under subparagraph (C)(i) of paragraph (1); (ii) no longer provide significant financial services to a natural person covered by the report; or (iii) provide significant cooperation to the United States for an important national security or law enforcement purpose with respect to Iran. (3) Waiver The President may waive for up to 1 year at a time any requirement under paragraph (1) with respect to a natural person or a financial institution after reporting in writing to the appropriate Members of Congress that the waiver is in the national interest of the United States, with a detailed explanation of the reasons therefor. (b) Persons described The natural persons described in this subsection are the following: (1) The Supreme Leader of Iran. (2) The President of Iran. (3) The members of the Council of Guardians. (4) The members of the Expediency Council. (5) The Minister of Intelligence and Security. (6) The Commander and the Deputy Commander of the IRGC. (7) The Commander and the Deputy Commander of the IRGC Ground Forces. (8) The Commander and the Deputy Commander of the IRGC Aerospace Force. (9) The Commander and the Deputy Commander of the IRGC Navy. (10) The Commander of the Basij-e-Mostaz’afin. (11) The Commander of the Qods Force. (12) The Commander in Chief of the Police Force. (13) The head of the IRGC Joint Staff. (14) The Commander of the IRGC Intelligence. (15) The head of the IRGC Imam Hussein University. (16) The Supreme Leader’s Representative at the IRGC. (17) The Chief Executive Officer and the Chairman of the IRGC Cooperative Foundation. (18) The Commander of the Khatam-al-Anbia Construction Head Quarter. (19) The Chief Executive Officer of the Basij Cooperative Foundation. (20) The head of the Political Bureau of the IRGC. (21) The senior leadership as determined by the President of the following groups: (A) Hizballah. (B) Hamas. (C) Palestinian Islamic Jihad. (D) Kata’ib Hizballah. (c) Form of report; public availability (1) Form The report required under subsection (a) and any waiver under subsection (a)(3) shall be submitted in unclassified form but may contain a classified annex. (2) Public availability The Secretary shall make the unclassified portion of such report public if the Secretary notifies the appropriate Members of Congress that the publication is in the national interest of the United States and would substantially promote— (A) deterring or sanctioning official corruption in Iran; (B) holding natural persons or financial institutions listed in the report accountable to the people of Iran; (C) combating money laundering or the financing of terrorism; or (D) achieving any other strategic objective with respect to the Government of Iran. (3) Format of publicly available reports If the Secretary makes the unclassified portion of a report public pursuant to paragraph (2), the Secretary shall make it available to the public on the website of the Department of the Treasury— (A) in English, Farsi, Arabic, and Azeri; and (B) in precompressed, easily downloadable versions that are made available in all appropriate formats. 4. Restrictions on certain financial institutions (a) In general Not later than the date that is 90 days after submitting a report described under section 3(a)(1), the Secretary shall undertake the following with respect to a financial institution that is described under section 3(a)(1)(C) and listed in the report: (1) If the financial institution is a United States financial institution, require the closure of any account described in section 3(a)(1)(C)(i), and prohibit the provision of significant financial services, directly or indirectly, to a natural person covered by the report. (2) If the financial institution is a foreign financial institution, actively seek the closure of any account described in section 3(a)(1)(C)(i), and the cessation of significant financial services to a natural person covered by the report, using any existing authorities of the Secretary, as appropriate. (b) Suspension The Secretary may suspend the application of subsection (a) with respect to a financial institution upon reporting to the appropriate Members of Congress that the suspension is in the national interest of the United States, with a detailed explanation of the reasons therefor. 5. Exceptions for national security; implementation authority The following activities shall be exempt from requirements under sections 3 and 4: (1) 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 to any authorized intelligence activities of the United States. (2) The admission of an alien to the United States if such admission is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, or under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations of the United States. (3) The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran, including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes. 6. Sunset The provisions of this Act shall have no force or effect on the earlier of— (1) the date that is 5 years after the date of enactment of this Act; or (2) 30 days after the Secretary reports in writing to the appropriate Members of Congress that— (A) Iran is not a jurisdiction of primary money laundering concern; or (B) the Government of Iran is providing significant cooperation to the United States for the purpose of preventing acts of international terrorism, or for the promotion of any other strategic objective that is important to the national interest of the United States, as specified in the report by the Secretary. 7. Definitions For purposes of this Act: (1) Appropriate Members of congress The term appropriate Members of Congress means the Speaker and Minority Leader of the House of Representatives, the Majority Leader and Minority Leader of the Senate, the Chairman and Ranking Member of the Committee on Financial Services of the House of Representatives, and the Chairman and Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Financial institution The term financial institution means a United States financial institution or a foreign financial institution. (3) Foreign financial institution The term foreign financial institution has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations. (4) Funds The term funds means— (A) cash; (B) equity; (C) any other asset whose value is derived from a contractual claim, including bank deposits, bonds, stocks, a security as defined in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) ), or a security or an equity security as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ); and (D) anything else that the Secretary determines appropriate. (5) 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. (6) Secretary The term Secretary means the Secretary of the Treasury. (7) United states financial institution The term United States financial institution has the meaning given the term U.S. financial institution under section 561.309 of title 31, Code of Federal Regulations.
11,503
[ "Banking, Housing, and Urban Affairs Committee", "Financial Services Committee" ]
118hr564ih
118
hr
564
ih
To rescind the unobligated balance of appropriations made by the American Rescue Plan Act of 2021.
[ { "text": "1. Short title \nThis Act may be cited as the Saving Taxpayers’ Money and Paying America’s Debt Act.", "id": "H0C57B0220DEF4467A28466DC5BB58B04", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Rescission of unobligated amounts under the American Rescue Plan Act \nOn the date of enactment of this Act, the unobligated balance of amounts made available by the American Rescue Plan Act of 2021 ( Public Law 117–2 ) are hereby rescinded and shall be deposited into the general fund of the Treasury for the sole purpose of deficit reduction.", "id": "H3B19C10BFFC548849B87FA2DD7A2814A", "header": "Rescission of unobligated amounts under the American Rescue Plan Act", "nested": [], "links": [ { "text": "Public Law 117–2", "legal-doc": "public-law", "parsable-cite": "pl/117/2" } ] } ]
2
1. Short title This Act may be cited as the Saving Taxpayers’ Money and Paying America’s Debt Act. 2. Rescission of unobligated amounts under the American Rescue Plan Act On the date of enactment of this Act, the unobligated balance of amounts made available by the American Rescue Plan Act of 2021 ( Public Law 117–2 ) are hereby rescinded and shall be deposited into the general fund of the Treasury for the sole purpose of deficit reduction.
446
[ "Oversight and Accountability Committee" ]
118hr2158ih
118
hr
2,158
ih
To provide for a limitation on availability of funds for U.S. Department of Interior, US Fish and Wildlife Service, Land Acquisition for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for U.S. Department of Interior, US Fish and Wildlife Service, Land Acquisition for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for U.S. Department of Interior, US Fish and Wildlife Service, Land Acquisition for fiscal year 2024 may not exceed $0.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for U.S. Department of Interior, US Fish and Wildlife Service, Land Acquisition for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for U.S. Department of Interior, US Fish and Wildlife Service, Land Acquisition for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for U.S. Department of Interior, US Fish and Wildlife Service, Land Acquisition for fiscal year 2024 may not exceed $0.
369
[ "Natural Resources Committee" ]
118hr995ih
118
hr
995
ih
To direct the Secretary of Energy to conduct a study on the global status of the civilian nuclear energy industry, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Global Nuclear Energy Assessment and Cooperation Act.", "id": "HB89C4C82B3CE4A96B1C1D4295A63A791", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Global nuclear energy assessment study \n(a) Study required \nNot later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commission, shall conduct a study on the global status of— (1) the civilian nuclear energy industry; and (2) the supply chains of the civilian nuclear energy industry. (b) Contents \nThe study conducted under subsection (a) shall include— (1) information on the status of the civilian nuclear energy industry, the long-term risks to such industry, and the basis for such risks; (2) information on how the use of the civilian nuclear energy industry, relative to other types of energy industries, can reduce the emission of criteria pollutants and carbon dioxide; (3) information on the role the United States civilian nuclear energy industry plays in United States foreign policy; (4) information on the importance of the United States civilian nuclear energy industry to countries that are allied to the United States; (5) information on how the United States may collaborate with such countries in developing, deploying, and investing in nuclear technology; (6) information on how foreign countries use nuclear energy when crafting and implementing their own foreign policy, including such use by foreign countries that are strategic competitors; (7) an evaluation of how nuclear nonproliferation efforts and nuclear energy safety are affected by the involvement of the United States in— (A) international markets; and (B) setting civilian nuclear energy industry standards; (8) an evaluation of how industries in the United States, other than the civilian nuclear energy industry, benefit from the generation of electricity by nuclear power plants; (9) information on utilities and companies in the United States that are involved in the civilian nuclear energy supply chain, including, with respect to such utilities and companies— (A) financial challenges; (B) foreign strategic competition; and (C) risks to continued operation; and (10) recommendations for how the United States may— (A) develop a national strategy to increase the role nuclear energy plays in diplomacy and strategic energy policy; (B) develop a strategy to mitigate foreign competitor’s utilization of their civilian nuclear energy industries in diplomacy; (C) align its nuclear energy policy with national security objectives; and (D) remove regulatory barriers to the development of the United States civilian nuclear energy supply chain. (c) Report to Congress \nNot later than 6 months after the study is conducted under subsection (a), the Secretary of Energy shall submit to the appropriate committees of Congress a report on the results of such study.", "id": "H50108FE995DD4EF59669A90BD0251768", "header": "Global nuclear energy assessment study", "nested": [ { "text": "(a) Study required \nNot later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commission, shall conduct a study on the global status of— (1) the civilian nuclear energy industry; and (2) the supply chains of the civilian nuclear energy industry.", "id": "H3F144EDA4B1A4F71920A09A0CC95616F", "header": "Study required", "nested": [], "links": [] }, { "text": "(b) Contents \nThe study conducted under subsection (a) shall include— (1) information on the status of the civilian nuclear energy industry, the long-term risks to such industry, and the basis for such risks; (2) information on how the use of the civilian nuclear energy industry, relative to other types of energy industries, can reduce the emission of criteria pollutants and carbon dioxide; (3) information on the role the United States civilian nuclear energy industry plays in United States foreign policy; (4) information on the importance of the United States civilian nuclear energy industry to countries that are allied to the United States; (5) information on how the United States may collaborate with such countries in developing, deploying, and investing in nuclear technology; (6) information on how foreign countries use nuclear energy when crafting and implementing their own foreign policy, including such use by foreign countries that are strategic competitors; (7) an evaluation of how nuclear nonproliferation efforts and nuclear energy safety are affected by the involvement of the United States in— (A) international markets; and (B) setting civilian nuclear energy industry standards; (8) an evaluation of how industries in the United States, other than the civilian nuclear energy industry, benefit from the generation of electricity by nuclear power plants; (9) information on utilities and companies in the United States that are involved in the civilian nuclear energy supply chain, including, with respect to such utilities and companies— (A) financial challenges; (B) foreign strategic competition; and (C) risks to continued operation; and (10) recommendations for how the United States may— (A) develop a national strategy to increase the role nuclear energy plays in diplomacy and strategic energy policy; (B) develop a strategy to mitigate foreign competitor’s utilization of their civilian nuclear energy industries in diplomacy; (C) align its nuclear energy policy with national security objectives; and (D) remove regulatory barriers to the development of the United States civilian nuclear energy supply chain.", "id": "HD3F4677DCF074A9C9438A32A494DDF7C", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Report to Congress \nNot later than 6 months after the study is conducted under subsection (a), the Secretary of Energy shall submit to the appropriate committees of Congress a report on the results of such study.", "id": "H2FC600D2089249809F3AABD951B1B705", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Program to train and share expertise \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State and the Commission, shall develop and carry out a program under which the Secretary of Energy shall train foreign nuclear energy experts and standardize practices. (b) Requirements \nIn carrying out the program developed under subsection (a), the Secretary of Energy shall— (1) issue guidance for best safety practices in the global civilian nuclear energy industry based on practices established in the United States; (2) train foreign nuclear energy experts on the operation and safety practices used by the United States civilian nuclear energy industry; (3) review global supply chain issues for foreign civilian nuclear energy industries; (4) identify weaknesses and concerns found in foreign civilian nuclear energy industries; and (5) establish partnerships with foreign countries that have developed or are developing civilian nuclear energy industries. (c) Foreign nuclear energy expert \nIn this section, the term foreign nuclear energy expert does not include a person who is from a country— (1) in which intellectual property theft is legal; (2) that takes actions to undermine the civilian nuclear energy industry or other critical industries of the United States; or (3) which the Secretary of Energy determines is inimical to the interest of the United States.", "id": "H9B8DDD6F7AFE44F1B942CC21F529C87A", "header": "Program to train and share expertise", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State and the Commission, shall develop and carry out a program under which the Secretary of Energy shall train foreign nuclear energy experts and standardize practices.", "id": "H3B2CB75495894934B8E7C799209E31D8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nIn carrying out the program developed under subsection (a), the Secretary of Energy shall— (1) issue guidance for best safety practices in the global civilian nuclear energy industry based on practices established in the United States; (2) train foreign nuclear energy experts on the operation and safety practices used by the United States civilian nuclear energy industry; (3) review global supply chain issues for foreign civilian nuclear energy industries; (4) identify weaknesses and concerns found in foreign civilian nuclear energy industries; and (5) establish partnerships with foreign countries that have developed or are developing civilian nuclear energy industries.", "id": "HDB73F36F309E48AA8535C994BE78EB92", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Foreign nuclear energy expert \nIn this section, the term foreign nuclear energy expert does not include a person who is from a country— (1) in which intellectual property theft is legal; (2) that takes actions to undermine the civilian nuclear energy industry or other critical industries of the United States; or (3) which the Secretary of Energy determines is inimical to the interest of the United States.", "id": "H197A96BEE66F4D2BB88F2E5FFF303EF7", "header": "Foreign nuclear energy expert", "nested": [], "links": [] } ], "links": [] }, { "text": "4. International nuclear reactor export and innovation activities \n(a) Coordination \nThe Commission shall— (1) coordinate all work of the Commission relating to— (A) issuing a license for the import or export of a nuclear reactor under section 103 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ); and (B) international regulatory cooperation and assistance relating to nuclear reactors; and (2) support— (A) the consideration of international technical standards to assist the design, licensing, and construction of advanced nuclear systems; (B) efforts to help build competent nuclear regulatory organizations and legal frameworks in foreign countries that are seeking to develop civilian nuclear energy industries; and (C) exchange programs and training provided to foreign countries relating to civilian nuclear energy industry regulation and oversight to improve nuclear technology licensing. (b) Consultation \nIn supporting exchange programs and training under subsection (a)(2)(C), the Commission shall consult with— (1) the Secretary of Energy; (2) the National Laboratories; (3) the private sector; and (4) institutions of higher education. (c) Nuclear Reactor Export and Innovation Branch \nThe Commission shall establish within the Office of International Programs of the Commission a branch, to be known as the International Nuclear Reactor Export and Innovation Branch , to carry out the nuclear reactor export and innovation activities described in subsection (a) as the Commission determines appropriate. (d) Exclusion of international activities from the fee base \nSection 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended— (1) in subsection (a), by adding at the end the following: (4) International nuclear reactor export and innovation activities \nThe Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in section 4(a) of the Global Nuclear Energy Assessment and Cooperation Act. ; and (2) in subsection (b)(1)(B), by adding at the end the following: (iv) Costs for international nuclear reactor export and innovation activities described in section 4(a) of the Global Nuclear Energy Assessment and Cooperation Act..", "id": "HF7D9134538F4493A8872827AA5BBEA8B", "header": "International nuclear reactor export and innovation activities", "nested": [ { "text": "(a) Coordination \nThe Commission shall— (1) coordinate all work of the Commission relating to— (A) issuing a license for the import or export of a nuclear reactor under section 103 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ); and (B) international regulatory cooperation and assistance relating to nuclear reactors; and (2) support— (A) the consideration of international technical standards to assist the design, licensing, and construction of advanced nuclear systems; (B) efforts to help build competent nuclear regulatory organizations and legal frameworks in foreign countries that are seeking to develop civilian nuclear energy industries; and (C) exchange programs and training provided to foreign countries relating to civilian nuclear energy industry regulation and oversight to improve nuclear technology licensing.", "id": "HF9EFEE9DB2D54DF489E6962D129F5B4C", "header": "Coordination", "nested": [], "links": [ { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" } ] }, { "text": "(b) Consultation \nIn supporting exchange programs and training under subsection (a)(2)(C), the Commission shall consult with— (1) the Secretary of Energy; (2) the National Laboratories; (3) the private sector; and (4) institutions of higher education.", "id": "H9C7FB726DDD047B5B820FD5AC0480636", "header": "Consultation", "nested": [], "links": [] }, { "text": "(c) Nuclear Reactor Export and Innovation Branch \nThe Commission shall establish within the Office of International Programs of the Commission a branch, to be known as the International Nuclear Reactor Export and Innovation Branch , to carry out the nuclear reactor export and innovation activities described in subsection (a) as the Commission determines appropriate.", "id": "HB9D4C20976B444E4AA59DF4446A24864", "header": "Nuclear Reactor Export and Innovation Branch", "nested": [], "links": [] }, { "text": "(d) Exclusion of international activities from the fee base \nSection 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended— (1) in subsection (a), by adding at the end the following: (4) International nuclear reactor export and innovation activities \nThe Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in section 4(a) of the Global Nuclear Energy Assessment and Cooperation Act. ; and (2) in subsection (b)(1)(B), by adding at the end the following: (iv) Costs for international nuclear reactor export and innovation activities described in section 4(a) of the Global Nuclear Energy Assessment and Cooperation Act..", "id": "H1A63AE522745469C98E7D20CEF4BCCB2", "header": "Exclusion of international activities from the fee base", "nested": [], "links": [ { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] } ], "links": [ { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "5. Denial of certain domestic licenses for national security purposes \n(a) Definition of covered fuel \nIn this section, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that— (1) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (b) Prohibition on unlicensed possession or ownership of covered fuel \nUnless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ), no person subject to the jurisdiction of the Commission may possess or own covered fuel. (c) License To possess or own covered fuel \n(1) Consultation required prior to issuance \nThe Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ), unless the Commission has first consulted with the Secretary of Energy and the Secretary of State before issuing the license. (2) Prohibition on issuance of license \n(A) In general \nSubject to subparagraph (C), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in subparagraph (B). (B) Determination \n(i) In general \nThe determination referred to in subparagraph (A) is a determination that possession or ownership, as applicable, of covered fuel poses a threat to the national security of the United States that adversely impacts the physical and economic security of the United States. (ii) Joint determination \nA determination described in clause (i) shall be jointly made by the Secretary of Energy and the Secretary of State. (iii) Timeline \n(I) Notice of application \nNot later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary of Energy and the Secretary of State of the application. (II) Determination \nThe Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under subclause (I) of an application for a license to possess or own covered fuel, in which to make the determination described in clause (i). (III) Commission notification \nOn making the determination described in clause (i), the Secretary of Energy and the Secretary of State shall immediately notify the Commission. (IV) Congressional notification \nNot later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under subclause (III), the Commission shall notify the appropriate committees of Congress of the determination. (V) Public notice \nNot later than 15 days after the date on which the Commission notifies Congress under subclause (IV) of a determination made under clause (i), the Commission shall make that determination publicly available. (C) Effect of no determination \nThe prohibition described in subparagraph (A) shall not apply if the Secretary of Energy and the Secretary of State do not make the determination described in subparagraph (B) by the date described in clause (iii)(II) of that subparagraph.", "id": "HCB97B02280CC438B9BB448F308F658A8", "header": "Denial of certain domestic licenses for national security purposes", "nested": [ { "text": "(a) Definition of covered fuel \nIn this section, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that— (1) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China.", "id": "H44E187B615E24D158953B0BB44EEB6CA", "header": "Definition of covered fuel", "nested": [], "links": [] }, { "text": "(b) Prohibition on unlicensed possession or ownership of covered fuel \nUnless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ), no person subject to the jurisdiction of the Commission may possess or own covered fuel.", "id": "H0B6115066E83479F9E0B18EBFC260572", "header": "Prohibition on unlicensed possession or ownership of covered fuel", "nested": [], "links": [ { "text": "42 U.S.C. 2073", "legal-doc": "usc", "parsable-cite": "usc/42/2073" } ] }, { "text": "(c) License To possess or own covered fuel \n(1) Consultation required prior to issuance \nThe Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ), unless the Commission has first consulted with the Secretary of Energy and the Secretary of State before issuing the license. (2) Prohibition on issuance of license \n(A) In general \nSubject to subparagraph (C), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in subparagraph (B). (B) Determination \n(i) In general \nThe determination referred to in subparagraph (A) is a determination that possession or ownership, as applicable, of covered fuel poses a threat to the national security of the United States that adversely impacts the physical and economic security of the United States. (ii) Joint determination \nA determination described in clause (i) shall be jointly made by the Secretary of Energy and the Secretary of State. (iii) Timeline \n(I) Notice of application \nNot later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary of Energy and the Secretary of State of the application. (II) Determination \nThe Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under subclause (I) of an application for a license to possess or own covered fuel, in which to make the determination described in clause (i). (III) Commission notification \nOn making the determination described in clause (i), the Secretary of Energy and the Secretary of State shall immediately notify the Commission. (IV) Congressional notification \nNot later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under subclause (III), the Commission shall notify the appropriate committees of Congress of the determination. (V) Public notice \nNot later than 15 days after the date on which the Commission notifies Congress under subclause (IV) of a determination made under clause (i), the Commission shall make that determination publicly available. (C) Effect of no determination \nThe prohibition described in subparagraph (A) shall not apply if the Secretary of Energy and the Secretary of State do not make the determination described in subparagraph (B) by the date described in clause (iii)(II) of that subparagraph.", "id": "H243A45EAF17749AF84AAC1E73D695D7C", "header": "License To possess or own covered fuel", "nested": [], "links": [ { "text": "42 U.S.C. 2073", "legal-doc": "usc", "parsable-cite": "usc/42/2073" } ] } ], "links": [ { "text": "42 U.S.C. 2073", "legal-doc": "usc", "parsable-cite": "usc/42/2073" }, { "text": "42 U.S.C. 2073", "legal-doc": "usc", "parsable-cite": "usc/42/2073" } ] }, { "text": "6. Definitions \nIn this Act: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means each of the following: (A) The Committee on Energy and Commerce of the House of Representatives. (B) The Committee on Foreign Affairs of the House of Representatives. (C) The Committee on Energy and Natural Resources of the Senate. (D) The Committee on Foreign Relations of the Senate. (2) Commission \nThe term Commission means the Nuclear Regulatory Commission.", "id": "H2FD98C496A8849598D95FC97B1C5EFB2", "header": "Definitions", "nested": [], "links": [] } ]
6
1. Short title This Act may be cited as the Global Nuclear Energy Assessment and Cooperation Act. 2. Global nuclear energy assessment study (a) Study required Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commission, shall conduct a study on the global status of— (1) the civilian nuclear energy industry; and (2) the supply chains of the civilian nuclear energy industry. (b) Contents The study conducted under subsection (a) shall include— (1) information on the status of the civilian nuclear energy industry, the long-term risks to such industry, and the basis for such risks; (2) information on how the use of the civilian nuclear energy industry, relative to other types of energy industries, can reduce the emission of criteria pollutants and carbon dioxide; (3) information on the role the United States civilian nuclear energy industry plays in United States foreign policy; (4) information on the importance of the United States civilian nuclear energy industry to countries that are allied to the United States; (5) information on how the United States may collaborate with such countries in developing, deploying, and investing in nuclear technology; (6) information on how foreign countries use nuclear energy when crafting and implementing their own foreign policy, including such use by foreign countries that are strategic competitors; (7) an evaluation of how nuclear nonproliferation efforts and nuclear energy safety are affected by the involvement of the United States in— (A) international markets; and (B) setting civilian nuclear energy industry standards; (8) an evaluation of how industries in the United States, other than the civilian nuclear energy industry, benefit from the generation of electricity by nuclear power plants; (9) information on utilities and companies in the United States that are involved in the civilian nuclear energy supply chain, including, with respect to such utilities and companies— (A) financial challenges; (B) foreign strategic competition; and (C) risks to continued operation; and (10) recommendations for how the United States may— (A) develop a national strategy to increase the role nuclear energy plays in diplomacy and strategic energy policy; (B) develop a strategy to mitigate foreign competitor’s utilization of their civilian nuclear energy industries in diplomacy; (C) align its nuclear energy policy with national security objectives; and (D) remove regulatory barriers to the development of the United States civilian nuclear energy supply chain. (c) Report to Congress Not later than 6 months after the study is conducted under subsection (a), the Secretary of Energy shall submit to the appropriate committees of Congress a report on the results of such study. 3. Program to train and share expertise (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State and the Commission, shall develop and carry out a program under which the Secretary of Energy shall train foreign nuclear energy experts and standardize practices. (b) Requirements In carrying out the program developed under subsection (a), the Secretary of Energy shall— (1) issue guidance for best safety practices in the global civilian nuclear energy industry based on practices established in the United States; (2) train foreign nuclear energy experts on the operation and safety practices used by the United States civilian nuclear energy industry; (3) review global supply chain issues for foreign civilian nuclear energy industries; (4) identify weaknesses and concerns found in foreign civilian nuclear energy industries; and (5) establish partnerships with foreign countries that have developed or are developing civilian nuclear energy industries. (c) Foreign nuclear energy expert In this section, the term foreign nuclear energy expert does not include a person who is from a country— (1) in which intellectual property theft is legal; (2) that takes actions to undermine the civilian nuclear energy industry or other critical industries of the United States; or (3) which the Secretary of Energy determines is inimical to the interest of the United States. 4. International nuclear reactor export and innovation activities (a) Coordination The Commission shall— (1) coordinate all work of the Commission relating to— (A) issuing a license for the import or export of a nuclear reactor under section 103 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ); and (B) international regulatory cooperation and assistance relating to nuclear reactors; and (2) support— (A) the consideration of international technical standards to assist the design, licensing, and construction of advanced nuclear systems; (B) efforts to help build competent nuclear regulatory organizations and legal frameworks in foreign countries that are seeking to develop civilian nuclear energy industries; and (C) exchange programs and training provided to foreign countries relating to civilian nuclear energy industry regulation and oversight to improve nuclear technology licensing. (b) Consultation In supporting exchange programs and training under subsection (a)(2)(C), the Commission shall consult with— (1) the Secretary of Energy; (2) the National Laboratories; (3) the private sector; and (4) institutions of higher education. (c) Nuclear Reactor Export and Innovation Branch The Commission shall establish within the Office of International Programs of the Commission a branch, to be known as the International Nuclear Reactor Export and Innovation Branch , to carry out the nuclear reactor export and innovation activities described in subsection (a) as the Commission determines appropriate. (d) Exclusion of international activities from the fee base Section 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended— (1) in subsection (a), by adding at the end the following: (4) International nuclear reactor export and innovation activities The Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in section 4(a) of the Global Nuclear Energy Assessment and Cooperation Act. ; and (2) in subsection (b)(1)(B), by adding at the end the following: (iv) Costs for international nuclear reactor export and innovation activities described in section 4(a) of the Global Nuclear Energy Assessment and Cooperation Act.. 5. Denial of certain domestic licenses for national security purposes (a) Definition of covered fuel In this section, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that— (1) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (b) Prohibition on unlicensed possession or ownership of covered fuel Unless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ), no person subject to the jurisdiction of the Commission may possess or own covered fuel. (c) License To possess or own covered fuel (1) Consultation required prior to issuance The Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ), unless the Commission has first consulted with the Secretary of Energy and the Secretary of State before issuing the license. (2) Prohibition on issuance of license (A) In general Subject to subparagraph (C), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in subparagraph (B). (B) Determination (i) In general The determination referred to in subparagraph (A) is a determination that possession or ownership, as applicable, of covered fuel poses a threat to the national security of the United States that adversely impacts the physical and economic security of the United States. (ii) Joint determination A determination described in clause (i) shall be jointly made by the Secretary of Energy and the Secretary of State. (iii) Timeline (I) Notice of application Not later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary of Energy and the Secretary of State of the application. (II) Determination The Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under subclause (I) of an application for a license to possess or own covered fuel, in which to make the determination described in clause (i). (III) Commission notification On making the determination described in clause (i), the Secretary of Energy and the Secretary of State shall immediately notify the Commission. (IV) Congressional notification Not later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under subclause (III), the Commission shall notify the appropriate committees of Congress of the determination. (V) Public notice Not later than 15 days after the date on which the Commission notifies Congress under subclause (IV) of a determination made under clause (i), the Commission shall make that determination publicly available. (C) Effect of no determination The prohibition described in subparagraph (A) shall not apply if the Secretary of Energy and the Secretary of State do not make the determination described in subparagraph (B) by the date described in clause (iii)(II) of that subparagraph. 6. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means each of the following: (A) The Committee on Energy and Commerce of the House of Representatives. (B) The Committee on Foreign Affairs of the House of Representatives. (C) The Committee on Energy and Natural Resources of the Senate. (D) The Committee on Foreign Relations of the Senate. (2) Commission The term Commission means the Nuclear Regulatory Commission.
10,563
[ "Energy and Commerce Committee", "Foreign Affairs Committee" ]
118hr4968ih
118
hr
4,968
ih
To amend title XVIII of the Social Security Act to exempt qualifying physicians from prior authorization requirements under Medicare Advantage plans, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Getting Over Lengthy Delays in Care As Required by Doctors Act of 2023 or the GOLD CARD Act of 2023.", "id": "H7B87C29093AF4BACAE5C8940641FDA2F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Exemption for qualifying physicians from prior authorization requirements under MA plans \n(a) In general \nSection 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 ) is amended by adding at the end the following new subsection: (o) Exemption for qualifying physicians from prior authorization requirements \n(1) In general \n(A) Exemption \n(i) In general \nIn the case of an MA organization which utilizes a prior authorization process (as defined in subparagraph (B)) with respect to a plan year (beginning with the second plan year beginning after the date of the enactment of this subsection), subject to the succeeding provisions of this subsection, a physician shall be exempt from the prior authorization requirements under such process for the period of such plan year with respect to a specific item, service, or group of similar services, if during the preceding plan year at least 90 percent of prior authorization requests submitted to such organization by such physician for such item, service, or group were approved by such organization (including any approval granted after an appeal). Such exemption shall continue to apply with respect to such physician furnishing such item, service, or group of similar services in subsequent plan years until the earlier of— (I) the date on which such exemption is revoked under paragraph (5); or (II) the date on which such physician opts out of such exemption under paragraph (3)(C). (ii) Special rules \nFor purposes of determining whether a physician qualifies for an exemption under clause (i) for a plan year for an item, service, or group of services, in calculating whether at least 90 percent of prior authorization requests submitted by such physician for such item, services, or group during the preceding plan year were approved, an MA organization shall— (I) subject to subclause (II), treat any such claim that was initially denied, subsequently appealed, and that remains pending appeal at the time of such calculation as having been approved if more than 30 days have elapsed since the date such appeal was filed; and (II) in the case that, during such plan year, such organization changed any terms of coverage for such item, service, or group of services, not take into account any claims for such item, service, or group of services that were submitted during the 90-day period beginning on the date of such change. (B) Prior authorization process \nFor purposes of this subsection, the term prior authorization process means, with respect to coverage and payment for items and services (other than a covered part D drug) under an MA plan offered by an MA organization for a plan year, a process under which such organization (or a contractor of such organization) determines the medical necessity or medical appropriateness of such items and services prior to the furnishing of such items and services or that otherwise requires an individual enrolled under such plan, or a provider of services or supplier scheduled to furnish items and services to such individual, to notify such plan (or such contractor) prior to such individual receiving such items and services. (2) Frequency of determination of eligibility for exemption \nAn MA organization may not evaluate a physician for the exemption described in paragraph (1) more than once during any plan year. (3) Notification requirements \n(A) Qualification \nAn MA organization shall, not later than 30 days before the first day of each plan year, notify each physician who qualifies for the exemption described in paragraph (1) of such qualification and the items, services, or group of similar services with respect to which such exemption applies for such physician. Nothing in this subparagraph shall preclude an MA organization from notifying a physician of such exemption at additional times throughout a plan year. (B) Requests under exemption \nIn the case of a physician described in subparagraph (A) who submits a prior authorization request to an MA organization for an item or service with respect to which an exemption applies under this subsection, such organization shall notify such physician of such exemption as soon as possible (but in no case later than 24 hours after receiving such request). (C) Opt out \nAny physician eligible for an exemption under paragraph (1) may voluntarily waive such exemption by providing written notice to the applicable MA organization. (4) Requirement for coverage and payment \nIn the case of a physician who qualifies for the exemption described in paragraph (1) with respect to an item, service, or group of similar services, an MA organization may not deny or reduce coverage and payment for such an item, service, or group based on medical necessity or appropriateness of care. (5) Protections pertaining to revocation of gold card \n(A) In general \nAn MA organization may revoke an exemption described in paragraph (1) granted with respect to a physician for an item, service, or group of similar services for a plan year only if— (i) the MA organization— (I) determines that— (aa) less than 90 percent of claims submitted by such physician for such item, service, or group during the 90-day period ending on the date of such revocation would have been approved under the prior authorization process employed by such plan had such process applied with respect to such claims; or (bb) in the case that fewer than 10 claims were submitted by such physician for such item, service, or group during the 90-day period ending on the date of such revocation, less than 90 percent of the last 10 claims submitted by such physician for such item, service, or group as of the date of such revocation would have been so approved; (II) furnishes such physician with a notice of such revocation containing the claim information (including identification of specific items and services and the individual to whom such items and services were furnished) on which the determination under subclause (I) was made; and (III) includes in such notice a plain-language description of how such physician may appeal such determination in accordance with the rules promulgated under subparagraph (B); and (ii) the individual conducting the determination under clause (ii)(I)— (I) is a physician; (II) possesses a current and nonrestricted license to practice medicine in the State in which the items, services, or group of services to which such exemption applies were furnished; (III) is actively engaged in the practice of medicine in the same or similar specialty as a physician that would typically furnish such item, service, or group of services; and (IV) is knowledgeable about the furnishing of, and has experience furnishing, such item, service, or group of services. (B) Appeal of exemption \nThe Secretary shall, through notice and comment rulemaking, establish a process under which a physician may appeal a revocation under subparagraph (A). Such process shall ensure that any such appeal is resolved within 30 days of such appeal being submitted under such process. (C) Treatment of unresolved claims \nThe provisions of paragraph (1)(A)(ii) shall apply with respect to the treatment of claims for a determination made under subparagraph (A) in the same manner as such provisions apply with respect to the treatment of claims for a determination made under paragraph (1)(A).. (b) Rulemaking \nThe Secretary of Health and Human Services shall, through rulemaking, specify requirements with respect to the use of prior authorization by Medicare Advantage plans for items and services described in subsection (o)(1) of section 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 ), as added by subsection (a), to ensure continuity of care for individuals transitioning to, or between, coverage under such plans in order to minimize any disruption to ongoing treatment attributable to prior authorization requirements under such plans. (c) Report \nNot later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the potential impacts of the amendment made by this section on communities at high risk for health disparities.", "id": "H83ECCD6CD3A24706AFA46005D13ADBF0", "header": "Exemption for qualifying physicians from prior authorization requirements under MA plans", "nested": [ { "text": "(a) In general \nSection 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 ) is amended by adding at the end the following new subsection: (o) Exemption for qualifying physicians from prior authorization requirements \n(1) In general \n(A) Exemption \n(i) In general \nIn the case of an MA organization which utilizes a prior authorization process (as defined in subparagraph (B)) with respect to a plan year (beginning with the second plan year beginning after the date of the enactment of this subsection), subject to the succeeding provisions of this subsection, a physician shall be exempt from the prior authorization requirements under such process for the period of such plan year with respect to a specific item, service, or group of similar services, if during the preceding plan year at least 90 percent of prior authorization requests submitted to such organization by such physician for such item, service, or group were approved by such organization (including any approval granted after an appeal). Such exemption shall continue to apply with respect to such physician furnishing such item, service, or group of similar services in subsequent plan years until the earlier of— (I) the date on which such exemption is revoked under paragraph (5); or (II) the date on which such physician opts out of such exemption under paragraph (3)(C). (ii) Special rules \nFor purposes of determining whether a physician qualifies for an exemption under clause (i) for a plan year for an item, service, or group of services, in calculating whether at least 90 percent of prior authorization requests submitted by such physician for such item, services, or group during the preceding plan year were approved, an MA organization shall— (I) subject to subclause (II), treat any such claim that was initially denied, subsequently appealed, and that remains pending appeal at the time of such calculation as having been approved if more than 30 days have elapsed since the date such appeal was filed; and (II) in the case that, during such plan year, such organization changed any terms of coverage for such item, service, or group of services, not take into account any claims for such item, service, or group of services that were submitted during the 90-day period beginning on the date of such change. (B) Prior authorization process \nFor purposes of this subsection, the term prior authorization process means, with respect to coverage and payment for items and services (other than a covered part D drug) under an MA plan offered by an MA organization for a plan year, a process under which such organization (or a contractor of such organization) determines the medical necessity or medical appropriateness of such items and services prior to the furnishing of such items and services or that otherwise requires an individual enrolled under such plan, or a provider of services or supplier scheduled to furnish items and services to such individual, to notify such plan (or such contractor) prior to such individual receiving such items and services. (2) Frequency of determination of eligibility for exemption \nAn MA organization may not evaluate a physician for the exemption described in paragraph (1) more than once during any plan year. (3) Notification requirements \n(A) Qualification \nAn MA organization shall, not later than 30 days before the first day of each plan year, notify each physician who qualifies for the exemption described in paragraph (1) of such qualification and the items, services, or group of similar services with respect to which such exemption applies for such physician. Nothing in this subparagraph shall preclude an MA organization from notifying a physician of such exemption at additional times throughout a plan year. (B) Requests under exemption \nIn the case of a physician described in subparagraph (A) who submits a prior authorization request to an MA organization for an item or service with respect to which an exemption applies under this subsection, such organization shall notify such physician of such exemption as soon as possible (but in no case later than 24 hours after receiving such request). (C) Opt out \nAny physician eligible for an exemption under paragraph (1) may voluntarily waive such exemption by providing written notice to the applicable MA organization. (4) Requirement for coverage and payment \nIn the case of a physician who qualifies for the exemption described in paragraph (1) with respect to an item, service, or group of similar services, an MA organization may not deny or reduce coverage and payment for such an item, service, or group based on medical necessity or appropriateness of care. (5) Protections pertaining to revocation of gold card \n(A) In general \nAn MA organization may revoke an exemption described in paragraph (1) granted with respect to a physician for an item, service, or group of similar services for a plan year only if— (i) the MA organization— (I) determines that— (aa) less than 90 percent of claims submitted by such physician for such item, service, or group during the 90-day period ending on the date of such revocation would have been approved under the prior authorization process employed by such plan had such process applied with respect to such claims; or (bb) in the case that fewer than 10 claims were submitted by such physician for such item, service, or group during the 90-day period ending on the date of such revocation, less than 90 percent of the last 10 claims submitted by such physician for such item, service, or group as of the date of such revocation would have been so approved; (II) furnishes such physician with a notice of such revocation containing the claim information (including identification of specific items and services and the individual to whom such items and services were furnished) on which the determination under subclause (I) was made; and (III) includes in such notice a plain-language description of how such physician may appeal such determination in accordance with the rules promulgated under subparagraph (B); and (ii) the individual conducting the determination under clause (ii)(I)— (I) is a physician; (II) possesses a current and nonrestricted license to practice medicine in the State in which the items, services, or group of services to which such exemption applies were furnished; (III) is actively engaged in the practice of medicine in the same or similar specialty as a physician that would typically furnish such item, service, or group of services; and (IV) is knowledgeable about the furnishing of, and has experience furnishing, such item, service, or group of services. (B) Appeal of exemption \nThe Secretary shall, through notice and comment rulemaking, establish a process under which a physician may appeal a revocation under subparagraph (A). Such process shall ensure that any such appeal is resolved within 30 days of such appeal being submitted under such process. (C) Treatment of unresolved claims \nThe provisions of paragraph (1)(A)(ii) shall apply with respect to the treatment of claims for a determination made under subparagraph (A) in the same manner as such provisions apply with respect to the treatment of claims for a determination made under paragraph (1)(A)..", "id": "HA0AF16E2F31F4280BDF319AD73A1E2F4", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–22", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-22" } ] }, { "text": "(b) Rulemaking \nThe Secretary of Health and Human Services shall, through rulemaking, specify requirements with respect to the use of prior authorization by Medicare Advantage plans for items and services described in subsection (o)(1) of section 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 ), as added by subsection (a), to ensure continuity of care for individuals transitioning to, or between, coverage under such plans in order to minimize any disruption to ongoing treatment attributable to prior authorization requirements under such plans.", "id": "H5B846089CF0A42848FE054623CBF2FE8", "header": "Rulemaking", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–22", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-22" } ] }, { "text": "(c) Report \nNot later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the potential impacts of the amendment made by this section on communities at high risk for health disparities.", "id": "H876C8C0AFB354A37B5B6E78277060B98", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395w–22", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-22" }, { "text": "42 U.S.C. 1395w–22", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-22" } ] }, { "text": "3. Opportunity for providers to present cases for coverage and payment during the prior authorization process under MA plans \nSection 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 ), as amended by section 2, is further amended by adding at the end the following new subsection: (p) Opportunity for providers To present cases for coverage and payment during the prior authorization process \n(1) In general \nFor plan years beginning with the second plan year beginning after the date of the enactment of this subsection, any prior authorization process (as defined in subsection (o)(1)(B)) with respect to the coverage and payment for items and services (other than a covered part D drug) under an MA plan offered by an MA organization shall provide, prior to any coverage or payment determination with respect to an item or service subject to such process, for an opportunity for a provider of services or supplier seeking prior authorization to furnish such item or service to discuss with a qualifying physician (as defined in paragraph (2))— (A) the treatment plan for the individual who would be furnished such item or service; and (B) the clinical basis on which the organization will determine coverage or payment for such item or service. (2) Qualifying physician defined \nFor purposes of paragraph (1), the term qualifying physician means, with respect to an item or service subject to a process described in such paragraph that a provider of services or supplier is seeking to furnish to an individual, a physician that— (A) possesses a current and nonrestricted license to practice medicine in the State in which such item or service is to be furnished; (B) is actively engaged in the practice of medicine in the same or similar specialty as a provider of services or supplier that would typically furnish such item or service; and (C) is knowledgeable about the furnishing of, and has experience furnishing, such item or service..", "id": "H6EFC37D5219043CDAA5AD306BAFF4F40", "header": "Opportunity for providers to present cases for coverage and payment during the prior authorization process under MA plans", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–22", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-22" } ] } ]
3
1. Short title This Act may be cited as the Getting Over Lengthy Delays in Care As Required by Doctors Act of 2023 or the GOLD CARD Act of 2023. 2. Exemption for qualifying physicians from prior authorization requirements under MA plans (a) In general Section 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 ) is amended by adding at the end the following new subsection: (o) Exemption for qualifying physicians from prior authorization requirements (1) In general (A) Exemption (i) In general In the case of an MA organization which utilizes a prior authorization process (as defined in subparagraph (B)) with respect to a plan year (beginning with the second plan year beginning after the date of the enactment of this subsection), subject to the succeeding provisions of this subsection, a physician shall be exempt from the prior authorization requirements under such process for the period of such plan year with respect to a specific item, service, or group of similar services, if during the preceding plan year at least 90 percent of prior authorization requests submitted to such organization by such physician for such item, service, or group were approved by such organization (including any approval granted after an appeal). Such exemption shall continue to apply with respect to such physician furnishing such item, service, or group of similar services in subsequent plan years until the earlier of— (I) the date on which such exemption is revoked under paragraph (5); or (II) the date on which such physician opts out of such exemption under paragraph (3)(C). (ii) Special rules For purposes of determining whether a physician qualifies for an exemption under clause (i) for a plan year for an item, service, or group of services, in calculating whether at least 90 percent of prior authorization requests submitted by such physician for such item, services, or group during the preceding plan year were approved, an MA organization shall— (I) subject to subclause (II), treat any such claim that was initially denied, subsequently appealed, and that remains pending appeal at the time of such calculation as having been approved if more than 30 days have elapsed since the date such appeal was filed; and (II) in the case that, during such plan year, such organization changed any terms of coverage for such item, service, or group of services, not take into account any claims for such item, service, or group of services that were submitted during the 90-day period beginning on the date of such change. (B) Prior authorization process For purposes of this subsection, the term prior authorization process means, with respect to coverage and payment for items and services (other than a covered part D drug) under an MA plan offered by an MA organization for a plan year, a process under which such organization (or a contractor of such organization) determines the medical necessity or medical appropriateness of such items and services prior to the furnishing of such items and services or that otherwise requires an individual enrolled under such plan, or a provider of services or supplier scheduled to furnish items and services to such individual, to notify such plan (or such contractor) prior to such individual receiving such items and services. (2) Frequency of determination of eligibility for exemption An MA organization may not evaluate a physician for the exemption described in paragraph (1) more than once during any plan year. (3) Notification requirements (A) Qualification An MA organization shall, not later than 30 days before the first day of each plan year, notify each physician who qualifies for the exemption described in paragraph (1) of such qualification and the items, services, or group of similar services with respect to which such exemption applies for such physician. Nothing in this subparagraph shall preclude an MA organization from notifying a physician of such exemption at additional times throughout a plan year. (B) Requests under exemption In the case of a physician described in subparagraph (A) who submits a prior authorization request to an MA organization for an item or service with respect to which an exemption applies under this subsection, such organization shall notify such physician of such exemption as soon as possible (but in no case later than 24 hours after receiving such request). (C) Opt out Any physician eligible for an exemption under paragraph (1) may voluntarily waive such exemption by providing written notice to the applicable MA organization. (4) Requirement for coverage and payment In the case of a physician who qualifies for the exemption described in paragraph (1) with respect to an item, service, or group of similar services, an MA organization may not deny or reduce coverage and payment for such an item, service, or group based on medical necessity or appropriateness of care. (5) Protections pertaining to revocation of gold card (A) In general An MA organization may revoke an exemption described in paragraph (1) granted with respect to a physician for an item, service, or group of similar services for a plan year only if— (i) the MA organization— (I) determines that— (aa) less than 90 percent of claims submitted by such physician for such item, service, or group during the 90-day period ending on the date of such revocation would have been approved under the prior authorization process employed by such plan had such process applied with respect to such claims; or (bb) in the case that fewer than 10 claims were submitted by such physician for such item, service, or group during the 90-day period ending on the date of such revocation, less than 90 percent of the last 10 claims submitted by such physician for such item, service, or group as of the date of such revocation would have been so approved; (II) furnishes such physician with a notice of such revocation containing the claim information (including identification of specific items and services and the individual to whom such items and services were furnished) on which the determination under subclause (I) was made; and (III) includes in such notice a plain-language description of how such physician may appeal such determination in accordance with the rules promulgated under subparagraph (B); and (ii) the individual conducting the determination under clause (ii)(I)— (I) is a physician; (II) possesses a current and nonrestricted license to practice medicine in the State in which the items, services, or group of services to which such exemption applies were furnished; (III) is actively engaged in the practice of medicine in the same or similar specialty as a physician that would typically furnish such item, service, or group of services; and (IV) is knowledgeable about the furnishing of, and has experience furnishing, such item, service, or group of services. (B) Appeal of exemption The Secretary shall, through notice and comment rulemaking, establish a process under which a physician may appeal a revocation under subparagraph (A). Such process shall ensure that any such appeal is resolved within 30 days of such appeal being submitted under such process. (C) Treatment of unresolved claims The provisions of paragraph (1)(A)(ii) shall apply with respect to the treatment of claims for a determination made under subparagraph (A) in the same manner as such provisions apply with respect to the treatment of claims for a determination made under paragraph (1)(A).. (b) Rulemaking The Secretary of Health and Human Services shall, through rulemaking, specify requirements with respect to the use of prior authorization by Medicare Advantage plans for items and services described in subsection (o)(1) of section 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 ), as added by subsection (a), to ensure continuity of care for individuals transitioning to, or between, coverage under such plans in order to minimize any disruption to ongoing treatment attributable to prior authorization requirements under such plans. (c) Report Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the potential impacts of the amendment made by this section on communities at high risk for health disparities. 3. Opportunity for providers to present cases for coverage and payment during the prior authorization process under MA plans Section 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 ), as amended by section 2, is further amended by adding at the end the following new subsection: (p) Opportunity for providers To present cases for coverage and payment during the prior authorization process (1) In general For plan years beginning with the second plan year beginning after the date of the enactment of this subsection, any prior authorization process (as defined in subsection (o)(1)(B)) with respect to the coverage and payment for items and services (other than a covered part D drug) under an MA plan offered by an MA organization shall provide, prior to any coverage or payment determination with respect to an item or service subject to such process, for an opportunity for a provider of services or supplier seeking prior authorization to furnish such item or service to discuss with a qualifying physician (as defined in paragraph (2))— (A) the treatment plan for the individual who would be furnished such item or service; and (B) the clinical basis on which the organization will determine coverage or payment for such item or service. (2) Qualifying physician defined For purposes of paragraph (1), the term qualifying physician means, with respect to an item or service subject to a process described in such paragraph that a provider of services or supplier is seeking to furnish to an individual, a physician that— (A) possesses a current and nonrestricted license to practice medicine in the State in which such item or service is to be furnished; (B) is actively engaged in the practice of medicine in the same or similar specialty as a provider of services or supplier that would typically furnish such item or service; and (C) is knowledgeable about the furnishing of, and has experience furnishing, such item or service..
10,262
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr2761ih
118
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2,761
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To amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Specialty Physicians Advancing Rural Care Act or the SPARC Act.", "id": "H8092B70CAF884AE7AB314AB5E1CB7F74", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Specialty medical practitioners workforce in rural communities \nTitle VII of the Public Health Service Act ( 42 U.S.C. 292 et seq. ) is amended— (1) by redesignating part G ( 42 U.S.C. 795j et seq. ) as part H; and (2) by inserting after part F ( 42 U.S.C. 295h ) the following new part: G Specialty medicine workforce in rural communities \n782. Loan repayment program \n(a) In general \n(1) Program for specialty medicine physicians \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which— (A) the Secretary enters into agreements with specialty medicine physicians to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and (B) the specialty medicine physicians each agree to complete a period of obligated service described in subsection (d) as a specialty medicine physician in the United States in a rural community experiencing a shortage of specialty medicine physicians. (2) Program for non-physician specialty health care providers \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, may carry out a program under which— (A) the Secretary enters into agreements with non-physician specialty health care providers to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and (B) the non-physician specialty health care providers each agree to complete a period of obligated service described in subsection (d) as a non-physician specialty health care provider in the United States in a rural community experiencing a shortage of such providers. (b) Payments \nFor each year of obligated service by a specialty medicine physician pursuant to an agreement under subsection (a)(1) or by a non-physician specialty health care provider pursuant to an agreement under subsection (a)(2), the Secretary shall make a payment to such physician or provider as follows: (1) Service in shortage area \nThe Secretary shall pay— (A) for each year of obligated service by a specialty medicine physician or non-physician specialty health care provider pursuant to an agreement under paragraph (1) or (2) of subsection (a), 1/6 of the principal of and interest on each eligible loan of the physician or provider which is outstanding on the date the physician or provider began service pursuant to the agreement; and (B) for completion of the sixth and final year of such service, the remainder of such principal and interest. (2) Maximum amount \nThe total amount of payments under this section to any specialty medicine physician or non-physician specialty health care provider shall not exceed $250,000. (c) Eligible loans \nThe loans eligible for repayment under this section are each of the following: (1) Any loan for education in specialty medicine or specialty health care. (2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). (3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. (4) Any other Federal loan as determined appropriate by the Secretary. (d) Period of obligated service \nAny specialty medicine physician or non-physician specialty health care provider receiving payments under this section as required by an agreement under paragraph (1) or (2) of subsection (a) shall agree to a 6-year commitment to full-time employment, with no more than 1 year passing between any 2 years of covered employment, as a specialty medicine physician or non-physician specialty health care provider, as applicable, in the United States in a rural community experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers, as applicable. (e) Ineligibility for double benefits \nNo borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both— (1) this section; and (2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. (f) Breach \n(1) Liquidated damages formula \nThe Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). (2) Limitation \nThe failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. (g) Special rules for non-Physician specialty health care providers \nNon-physician specialty health care providers participating in the program under this section are not eligible for other Federal loan forgiveness programs specific to health care providers. Not more than 15 percent of amounts made available to carry out this section for a fiscal year may be allocated to awards to non-physician specialty health care providers. (h) Reports to Congress \nNot later than 5 years after the date of enactment of this section, and not less than every other year thereafter through fiscal year 2031, the Secretary shall report to Congress on— (1) the practice location of special medicine physicians and non-physician specialty health care providers participating, or who have participated, in the loan repayment program under this section; and (2) the impact of the loan repayment program under this section on the availability of specialty medicine or specialty health care services in the United States in rural communities experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers. (i) Data updates \nThe Administrator of the Health Resources and Services Administration shall update publicly available data on the supply of specialty medicine physicians and non-physician specialty health care providers, as appropriate. (j) Definitions \nIn this section: (1) Non-physician specialty health care provider \nThe term non-physician specialty health care provider means a health professional other than a physician who is licensed to provide patient care other than primary care services. (2) Specialty medicine physician \nThe term specialty medicine physician means a physician practicing in— (A) a specialty identified in the report of the Health Resources and Services Administration, titled Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010–2025 ; (B) hospice and palliative medicine; (C) geriatric medicine; or (D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. (k) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2023 through 2032..", "id": "HA05A2D23B7E3475FAEEB253E0E5535C7", "header": "Specialty medical practitioners workforce in rural communities", "nested": [], "links": [ { "text": "42 U.S.C. 292 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/292" }, { "text": "42 U.S.C. 795j et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/795j" }, { "text": "42 U.S.C. 295h", "legal-doc": "usc", "parsable-cite": "usc/42/295h" } ] }, { "text": "782. Loan repayment program \n(a) In general \n(1) Program for specialty medicine physicians \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which— (A) the Secretary enters into agreements with specialty medicine physicians to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and (B) the specialty medicine physicians each agree to complete a period of obligated service described in subsection (d) as a specialty medicine physician in the United States in a rural community experiencing a shortage of specialty medicine physicians. (2) Program for non-physician specialty health care providers \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, may carry out a program under which— (A) the Secretary enters into agreements with non-physician specialty health care providers to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and (B) the non-physician specialty health care providers each agree to complete a period of obligated service described in subsection (d) as a non-physician specialty health care provider in the United States in a rural community experiencing a shortage of such providers. (b) Payments \nFor each year of obligated service by a specialty medicine physician pursuant to an agreement under subsection (a)(1) or by a non-physician specialty health care provider pursuant to an agreement under subsection (a)(2), the Secretary shall make a payment to such physician or provider as follows: (1) Service in shortage area \nThe Secretary shall pay— (A) for each year of obligated service by a specialty medicine physician or non-physician specialty health care provider pursuant to an agreement under paragraph (1) or (2) of subsection (a), 1/6 of the principal of and interest on each eligible loan of the physician or provider which is outstanding on the date the physician or provider began service pursuant to the agreement; and (B) for completion of the sixth and final year of such service, the remainder of such principal and interest. (2) Maximum amount \nThe total amount of payments under this section to any specialty medicine physician or non-physician specialty health care provider shall not exceed $250,000. (c) Eligible loans \nThe loans eligible for repayment under this section are each of the following: (1) Any loan for education in specialty medicine or specialty health care. (2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). (3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. (4) Any other Federal loan as determined appropriate by the Secretary. (d) Period of obligated service \nAny specialty medicine physician or non-physician specialty health care provider receiving payments under this section as required by an agreement under paragraph (1) or (2) of subsection (a) shall agree to a 6-year commitment to full-time employment, with no more than 1 year passing between any 2 years of covered employment, as a specialty medicine physician or non-physician specialty health care provider, as applicable, in the United States in a rural community experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers, as applicable. (e) Ineligibility for double benefits \nNo borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both— (1) this section; and (2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. (f) Breach \n(1) Liquidated damages formula \nThe Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). (2) Limitation \nThe failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. (g) Special rules for non-Physician specialty health care providers \nNon-physician specialty health care providers participating in the program under this section are not eligible for other Federal loan forgiveness programs specific to health care providers. Not more than 15 percent of amounts made available to carry out this section for a fiscal year may be allocated to awards to non-physician specialty health care providers. (h) Reports to Congress \nNot later than 5 years after the date of enactment of this section, and not less than every other year thereafter through fiscal year 2031, the Secretary shall report to Congress on— (1) the practice location of special medicine physicians and non-physician specialty health care providers participating, or who have participated, in the loan repayment program under this section; and (2) the impact of the loan repayment program under this section on the availability of specialty medicine or specialty health care services in the United States in rural communities experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers. (i) Data updates \nThe Administrator of the Health Resources and Services Administration shall update publicly available data on the supply of specialty medicine physicians and non-physician specialty health care providers, as appropriate. (j) Definitions \nIn this section: (1) Non-physician specialty health care provider \nThe term non-physician specialty health care provider means a health professional other than a physician who is licensed to provide patient care other than primary care services. (2) Specialty medicine physician \nThe term specialty medicine physician means a physician practicing in— (A) a specialty identified in the report of the Health Resources and Services Administration, titled Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010–2025 ; (B) hospice and palliative medicine; (C) geriatric medicine; or (D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. (k) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2023 through 2032.", "id": "H7EDF8A291A8440CBBD76D88F68BBD900", "header": "Loan repayment program", "nested": [ { "text": "(a) In general \n(1) Program for specialty medicine physicians \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which— (A) the Secretary enters into agreements with specialty medicine physicians to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and (B) the specialty medicine physicians each agree to complete a period of obligated service described in subsection (d) as a specialty medicine physician in the United States in a rural community experiencing a shortage of specialty medicine physicians. (2) Program for non-physician specialty health care providers \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, may carry out a program under which— (A) the Secretary enters into agreements with non-physician specialty health care providers to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and (B) the non-physician specialty health care providers each agree to complete a period of obligated service described in subsection (d) as a non-physician specialty health care provider in the United States in a rural community experiencing a shortage of such providers.", "id": "H5F1DAC2EEAC743AEA55EBD0D9F94A02E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Payments \nFor each year of obligated service by a specialty medicine physician pursuant to an agreement under subsection (a)(1) or by a non-physician specialty health care provider pursuant to an agreement under subsection (a)(2), the Secretary shall make a payment to such physician or provider as follows: (1) Service in shortage area \nThe Secretary shall pay— (A) for each year of obligated service by a specialty medicine physician or non-physician specialty health care provider pursuant to an agreement under paragraph (1) or (2) of subsection (a), 1/6 of the principal of and interest on each eligible loan of the physician or provider which is outstanding on the date the physician or provider began service pursuant to the agreement; and (B) for completion of the sixth and final year of such service, the remainder of such principal and interest. (2) Maximum amount \nThe total amount of payments under this section to any specialty medicine physician or non-physician specialty health care provider shall not exceed $250,000.", "id": "HDA8CE6B5324B4129AEF6806DFBDDD1F7", "header": "Payments", "nested": [], "links": [] }, { "text": "(c) Eligible loans \nThe loans eligible for repayment under this section are each of the following: (1) Any loan for education in specialty medicine or specialty health care. (2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). (3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. (4) Any other Federal loan as determined appropriate by the Secretary.", "id": "H3C6B5F71B1AF45E7AC580177670B5400", "header": "Eligible loans", "nested": [], "links": [] }, { "text": "(d) Period of obligated service \nAny specialty medicine physician or non-physician specialty health care provider receiving payments under this section as required by an agreement under paragraph (1) or (2) of subsection (a) shall agree to a 6-year commitment to full-time employment, with no more than 1 year passing between any 2 years of covered employment, as a specialty medicine physician or non-physician specialty health care provider, as applicable, in the United States in a rural community experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers, as applicable.", "id": "H2CADAB8AE39843EFB482951213102812", "header": "Period of obligated service", "nested": [], "links": [] }, { "text": "(e) Ineligibility for double benefits \nNo borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both— (1) this section; and (2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965.", "id": "HAEA7BC14C44847D397357CFCB7635040", "header": "Ineligibility for double benefits", "nested": [], "links": [] }, { "text": "(f) Breach \n(1) Liquidated damages formula \nThe Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). (2) Limitation \nThe failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section.", "id": "H159940E65C184B39A7F30DD8BBDA727D", "header": "Breach", "nested": [], "links": [] }, { "text": "(g) Special rules for non-Physician specialty health care providers \nNon-physician specialty health care providers participating in the program under this section are not eligible for other Federal loan forgiveness programs specific to health care providers. Not more than 15 percent of amounts made available to carry out this section for a fiscal year may be allocated to awards to non-physician specialty health care providers.", "id": "H089144EB13A247898AF43E5F0022B023", "header": "Special rules for non-Physician specialty health care providers", "nested": [], "links": [] }, { "text": "(h) Reports to Congress \nNot later than 5 years after the date of enactment of this section, and not less than every other year thereafter through fiscal year 2031, the Secretary shall report to Congress on— (1) the practice location of special medicine physicians and non-physician specialty health care providers participating, or who have participated, in the loan repayment program under this section; and (2) the impact of the loan repayment program under this section on the availability of specialty medicine or specialty health care services in the United States in rural communities experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers.", "id": "H0ED515BE3AC842AD8AC0D84CF399B318", "header": "Reports to Congress", "nested": [], "links": [] }, { "text": "(i) Data updates \nThe Administrator of the Health Resources and Services Administration shall update publicly available data on the supply of specialty medicine physicians and non-physician specialty health care providers, as appropriate.", "id": "HB14F7CA672274C90B0A53F1639176B90", "header": "Data updates", "nested": [], "links": [] }, { "text": "(j) Definitions \nIn this section: (1) Non-physician specialty health care provider \nThe term non-physician specialty health care provider means a health professional other than a physician who is licensed to provide patient care other than primary care services. (2) Specialty medicine physician \nThe term specialty medicine physician means a physician practicing in— (A) a specialty identified in the report of the Health Resources and Services Administration, titled Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010–2025 ; (B) hospice and palliative medicine; (C) geriatric medicine; or (D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care.", "id": "H2ABAD39EC24C4842A16E0497B750AD90", "header": "Definitions", "nested": [], "links": [] }, { "text": "(k) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2023 through 2032.", "id": "HDD641C32315748C48ADACE09007B9A3E", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Specialty Physicians Advancing Rural Care Act or the SPARC Act. 2. Specialty medical practitioners workforce in rural communities Title VII of the Public Health Service Act ( 42 U.S.C. 292 et seq. ) is amended— (1) by redesignating part G ( 42 U.S.C. 795j et seq. ) as part H; and (2) by inserting after part F ( 42 U.S.C. 295h ) the following new part: G Specialty medicine workforce in rural communities 782. Loan repayment program (a) In general (1) Program for specialty medicine physicians The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which— (A) the Secretary enters into agreements with specialty medicine physicians to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and (B) the specialty medicine physicians each agree to complete a period of obligated service described in subsection (d) as a specialty medicine physician in the United States in a rural community experiencing a shortage of specialty medicine physicians. (2) Program for non-physician specialty health care providers The Secretary, acting through the Administrator of the Health Resources and Services Administration, may carry out a program under which— (A) the Secretary enters into agreements with non-physician specialty health care providers to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and (B) the non-physician specialty health care providers each agree to complete a period of obligated service described in subsection (d) as a non-physician specialty health care provider in the United States in a rural community experiencing a shortage of such providers. (b) Payments For each year of obligated service by a specialty medicine physician pursuant to an agreement under subsection (a)(1) or by a non-physician specialty health care provider pursuant to an agreement under subsection (a)(2), the Secretary shall make a payment to such physician or provider as follows: (1) Service in shortage area The Secretary shall pay— (A) for each year of obligated service by a specialty medicine physician or non-physician specialty health care provider pursuant to an agreement under paragraph (1) or (2) of subsection (a), 1/6 of the principal of and interest on each eligible loan of the physician or provider which is outstanding on the date the physician or provider began service pursuant to the agreement; and (B) for completion of the sixth and final year of such service, the remainder of such principal and interest. (2) Maximum amount The total amount of payments under this section to any specialty medicine physician or non-physician specialty health care provider shall not exceed $250,000. (c) Eligible loans The loans eligible for repayment under this section are each of the following: (1) Any loan for education in specialty medicine or specialty health care. (2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). (3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. (4) Any other Federal loan as determined appropriate by the Secretary. (d) Period of obligated service Any specialty medicine physician or non-physician specialty health care provider receiving payments under this section as required by an agreement under paragraph (1) or (2) of subsection (a) shall agree to a 6-year commitment to full-time employment, with no more than 1 year passing between any 2 years of covered employment, as a specialty medicine physician or non-physician specialty health care provider, as applicable, in the United States in a rural community experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers, as applicable. (e) Ineligibility for double benefits No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both— (1) this section; and (2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. (f) Breach (1) Liquidated damages formula The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). (2) Limitation The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. (g) Special rules for non-Physician specialty health care providers Non-physician specialty health care providers participating in the program under this section are not eligible for other Federal loan forgiveness programs specific to health care providers. Not more than 15 percent of amounts made available to carry out this section for a fiscal year may be allocated to awards to non-physician specialty health care providers. (h) Reports to Congress Not later than 5 years after the date of enactment of this section, and not less than every other year thereafter through fiscal year 2031, the Secretary shall report to Congress on— (1) the practice location of special medicine physicians and non-physician specialty health care providers participating, or who have participated, in the loan repayment program under this section; and (2) the impact of the loan repayment program under this section on the availability of specialty medicine or specialty health care services in the United States in rural communities experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers. (i) Data updates The Administrator of the Health Resources and Services Administration shall update publicly available data on the supply of specialty medicine physicians and non-physician specialty health care providers, as appropriate. (j) Definitions In this section: (1) Non-physician specialty health care provider The term non-physician specialty health care provider means a health professional other than a physician who is licensed to provide patient care other than primary care services. (2) Specialty medicine physician The term specialty medicine physician means a physician practicing in— (A) a specialty identified in the report of the Health Resources and Services Administration, titled Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010–2025 ; (B) hospice and palliative medicine; (C) geriatric medicine; or (D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. (k) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2023 through 2032.. 782. Loan repayment program (a) In general (1) Program for specialty medicine physicians The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which— (A) the Secretary enters into agreements with specialty medicine physicians to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and (B) the specialty medicine physicians each agree to complete a period of obligated service described in subsection (d) as a specialty medicine physician in the United States in a rural community experiencing a shortage of specialty medicine physicians. (2) Program for non-physician specialty health care providers The Secretary, acting through the Administrator of the Health Resources and Services Administration, may carry out a program under which— (A) the Secretary enters into agreements with non-physician specialty health care providers to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and (B) the non-physician specialty health care providers each agree to complete a period of obligated service described in subsection (d) as a non-physician specialty health care provider in the United States in a rural community experiencing a shortage of such providers. (b) Payments For each year of obligated service by a specialty medicine physician pursuant to an agreement under subsection (a)(1) or by a non-physician specialty health care provider pursuant to an agreement under subsection (a)(2), the Secretary shall make a payment to such physician or provider as follows: (1) Service in shortage area The Secretary shall pay— (A) for each year of obligated service by a specialty medicine physician or non-physician specialty health care provider pursuant to an agreement under paragraph (1) or (2) of subsection (a), 1/6 of the principal of and interest on each eligible loan of the physician or provider which is outstanding on the date the physician or provider began service pursuant to the agreement; and (B) for completion of the sixth and final year of such service, the remainder of such principal and interest. (2) Maximum amount The total amount of payments under this section to any specialty medicine physician or non-physician specialty health care provider shall not exceed $250,000. (c) Eligible loans The loans eligible for repayment under this section are each of the following: (1) Any loan for education in specialty medicine or specialty health care. (2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). (3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. (4) Any other Federal loan as determined appropriate by the Secretary. (d) Period of obligated service Any specialty medicine physician or non-physician specialty health care provider receiving payments under this section as required by an agreement under paragraph (1) or (2) of subsection (a) shall agree to a 6-year commitment to full-time employment, with no more than 1 year passing between any 2 years of covered employment, as a specialty medicine physician or non-physician specialty health care provider, as applicable, in the United States in a rural community experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers, as applicable. (e) Ineligibility for double benefits No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both— (1) this section; and (2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. (f) Breach (1) Liquidated damages formula The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). (2) Limitation The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. (g) Special rules for non-Physician specialty health care providers Non-physician specialty health care providers participating in the program under this section are not eligible for other Federal loan forgiveness programs specific to health care providers. Not more than 15 percent of amounts made available to carry out this section for a fiscal year may be allocated to awards to non-physician specialty health care providers. (h) Reports to Congress Not later than 5 years after the date of enactment of this section, and not less than every other year thereafter through fiscal year 2031, the Secretary shall report to Congress on— (1) the practice location of special medicine physicians and non-physician specialty health care providers participating, or who have participated, in the loan repayment program under this section; and (2) the impact of the loan repayment program under this section on the availability of specialty medicine or specialty health care services in the United States in rural communities experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers. (i) Data updates The Administrator of the Health Resources and Services Administration shall update publicly available data on the supply of specialty medicine physicians and non-physician specialty health care providers, as appropriate. (j) Definitions In this section: (1) Non-physician specialty health care provider The term non-physician specialty health care provider means a health professional other than a physician who is licensed to provide patient care other than primary care services. (2) Specialty medicine physician The term specialty medicine physician means a physician practicing in— (A) a specialty identified in the report of the Health Resources and Services Administration, titled Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010–2025 ; (B) hospice and palliative medicine; (C) geriatric medicine; or (D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. (k) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2023 through 2032.
14,375
[ "Energy and Commerce Committee" ]
118hr5057ih
118
hr
5,057
ih
To require the Secretary of Agriculture to carry out a program to provide payments to producers experiencing certain crop losses as a result of a disaster.
[ { "text": "1. Short title \nThis Act may be cited as the Agricultural Emergency Relief Act of 2023.", "id": "HEA7B298E5BA94CCABBA7A9381BE41767", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Average adjusted gross farm income \nThe term average adjusted gross farm income , with respect to a producer, means the portion of the average adjusted gross income of the producer that is derived from farming, ranching, or forestry operations. (2) Average adjusted gross income \nThe term average adjusted gross income , with respect to a producer, means the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) of the producer, as averaged over the 3 taxable years preceding the most recently completed taxable year. (3) Disaster \n(A) In general \nThe term disaster includes— (i) a drought; (ii) a wildfire; (iii) a hurricane; (iv) a flood; (v) a derecho; (vi) excessive heat; (vii) excessive moisture; (viii) a winter storm; and (ix) a freeze event (including a polar vortex). (B) Determination of drought \nFor purposes of subparagraph (A)(i), a county shall be considered to have experienced a drought if any area within the county was rated by the U.S. Drought Monitor as experiencing— (i) a D2-level drought (commonly known as severe drought ) for 8 or more consecutive weeks; or (ii) a D3-level drought (commonly known as extreme drought ), or a higher level of drought intensity, during the applicable calendar year. (4) Federal Crop Insurance \nThe term Federal Crop Insurance means any crop insurance program under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (5) Noninsured Crop Disaster Assistance Program \nThe term Noninsured Crop Disaster Assistance Program means the program under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (6) Producer \n(A) In general \nThe term producer means an individual or entity that is eligible to receive assistance under a disaster assistance program administered by the Farm Service Agency. (B) Exclusions \nThe term producer does not include— (i) a joint venture; or (ii) a general partnership. (7) Qualified loss \n(A) In general \nThe term qualified loss means a loss in a crop, trees, bushes, or vines incurred by a producer as a consequence of a disaster. (B) Inclusions \nThe term qualified loss includes— (i) a loss incurred by a producer as a result of being prevented from planting a crop due to a disaster; (ii) a loss in the quality of a crop, trees, bushes, or vines due to a disaster; and (iii) a loss in the quality of a crop (including wine grapes), trees, bushes, or vines due to smoke exposure from a wildfire. (8) Secretary \nThe term Secretary means the Secretary of Agriculture.", "id": "H40E33C3D1C724E3B96F91BAEC55D4DE6", "header": "Definitions", "nested": [], "links": [ { "text": "section 62", "legal-doc": "usc", "parsable-cite": "usc/26/62" }, { "text": "7 U.S.C. 1501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1501" }, { "text": "7 U.S.C. 7333", "legal-doc": "usc", "parsable-cite": "usc/7/7333" } ] }, { "text": "3. Emergency relief program \n(a) Establishment \nThe Secretary shall establish a program under which the Secretary shall provide payments during each crop year to producers that experienced a qualified loss during the crop year. (b) Application \n(1) In general \nTo be eligible to receive a payment under this section for a crop year, a producer shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including a description of each qualified loss incurred by the producer during the crop year. (2) Approval \nThe Secretary shall approve an application submitted by a producer under paragraph (1) if the application demonstrates to the satisfaction of the Secretary that the producer has incurred a qualified loss during the applicable crop year. (c) Provision of payments \n(1) In general \nThe Secretary shall provide to each producer the application of whom is approved under subsection (b)(2) a payment for the applicable crop year, in accordance with subsection (d). (2) Requirement to purchase insurance \nAs a condition of receiving a payment under this section, a producer shall purchase, for each of the 2 succeeding crop years— (A) Federal Crop Insurance, if available; or (B) if Federal Crop Insurance is not available, coverage under the Noninsured Crop Disaster Assistance Program. (d) Amount of payments \n(1) In general \nSubject to subsection (e), the amount of a payment provided to a producer under subsection (c)(1) shall be determined in accordance with— (A) to the maximum extent practicable, a calculation based on data relating to the producer for the applicable crop year that were previously submitted or known to the Secretary, including— (i) any indemnity of the producer under Federal Crop Insurance or payment received by the producer under the Noninsured Crop Disaster Assistance Program; (ii) the level of coverage of the producer under— (I) Federal Crop Insurance; or (II) the Noninsured Crop Disaster Assistance Program; and (iii) an appropriate percentage factor, to be established by the Secretary, subject to the condition that the factor shall be not more than 90 percent; or (B) for a producer that did not purchase coverage under Federal Crop Insurance or the Noninsured Crop Disaster Assistance Program, a calculation based on the revenue of the producer for the applicable crop year, as described in paragraph (2). (2) Revenue-based calculation \n(A) Definitions \nIn this paragraph: (i) Allowable gross revenue \nThe term allowable gross revenue , with respect to a producer, means the reported revenue of the operations of the producer during a crop year, including from— (I) sales of eligible crops, as identified by the Secretary; or (II) sales resulting from value added in post-production activities. (ii) Benchmark year \nThe term benchmark year means a crop year in which a producer did not experience a qualified loss. (iii) Disaster year \nThe term disaster year means a crop year in which a producer experiences a qualified loss. (B) Factors for consideration \nSubject to subparagraph (C), the revenue-based calculation referred to in paragraph (1)(B) shall take into account— (i) the allowable gross revenue of the applicable producer during a benchmark year; (ii) the allowable gross revenue of the applicable producer during the disaster year for which the payment is provided under this section; (iii) the percentage of the allowable gross revenue described in clause (ii) derived from sales of specialty crops and high-value crops; and (iv) an appropriate percentage factor, to be established by the Secretary, subject to the condition that the factor shall be not more than 70 percent. (C) Vertical integration for producers of wine grapes \nFor a producer of wine grapes that uses not less than 75 percent of the grapes to produce wine at a facility owned by the producer, a payment provided under this section shall be calculated based on the market rate for wine grapes at the time of calculation, in lieu of the revenue of the producer. (e) Limitations \nFor each crop year— (1) a producer the average adjusted gross farm income of whom is less than 75 percent may receive payments under this section in an amount equal to not more than— (A) $125,000 for the specialty crops and high-value crops of the producer, as determined by the Secretary; and (B) $125,000 for the crops of the producer not described in subparagraph (A); (2) a producer the average adjusted gross farm income of whom is 75 percent or more may receive payments under this section in an amount equal to not more than— (A) $900,000 for the specialty crops and high-value crops of the producer, as determined by the Secretary; and (B) $250,000 for the crops of the producer not described in subparagraph (A); and (3) the total amount of all payments provided to a producer under this section shall be not more than, as applicable— (A) an amount equal to 90 percent of the qualified losses of the producer during the crop year, including any assistance provided under— (i) Federal Crop Insurance; or (ii) the Noninsured Crop Disaster Assistance Program; or (B) an amount equal to 70 percent of the qualified losses of the producer during the crop year, if the producer did not— (i) obtain a policy or plan of insurance under Federal Crop Insurance for the crops, trees, bushes, or vines incurring the qualified losses; or (ii) file any required paperwork or pay any service fee under the Noninsured Crop Disaster Assistance Program by the applicable State filing deadline for a noninsurable commodity incurring the qualified losses. (f) Timing \nThe Secretary shall administer the program under this section simultaneously for— (1) producers submitting applications using indemnity-based calculations, as described in subsection (d)(1)(A); and (2) producers submitting applications using revenue-based calculations, as described in subsection (d)(1)(B).", "id": "H87D72B4B05F24E5194773CE33071A42B", "header": "Emergency relief program", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish a program under which the Secretary shall provide payments during each crop year to producers that experienced a qualified loss during the crop year.", "id": "HD52B9FA992984A1994E8297C08750BEC", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Application \n(1) In general \nTo be eligible to receive a payment under this section for a crop year, a producer shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including a description of each qualified loss incurred by the producer during the crop year. (2) Approval \nThe Secretary shall approve an application submitted by a producer under paragraph (1) if the application demonstrates to the satisfaction of the Secretary that the producer has incurred a qualified loss during the applicable crop year.", "id": "HE12C27CA7A8241399A2B6095C239796D", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Provision of payments \n(1) In general \nThe Secretary shall provide to each producer the application of whom is approved under subsection (b)(2) a payment for the applicable crop year, in accordance with subsection (d). (2) Requirement to purchase insurance \nAs a condition of receiving a payment under this section, a producer shall purchase, for each of the 2 succeeding crop years— (A) Federal Crop Insurance, if available; or (B) if Federal Crop Insurance is not available, coverage under the Noninsured Crop Disaster Assistance Program.", "id": "H59766BC9108D44EC8AEA7AD290EBFE00", "header": "Provision of payments", "nested": [], "links": [] }, { "text": "(d) Amount of payments \n(1) In general \nSubject to subsection (e), the amount of a payment provided to a producer under subsection (c)(1) shall be determined in accordance with— (A) to the maximum extent practicable, a calculation based on data relating to the producer for the applicable crop year that were previously submitted or known to the Secretary, including— (i) any indemnity of the producer under Federal Crop Insurance or payment received by the producer under the Noninsured Crop Disaster Assistance Program; (ii) the level of coverage of the producer under— (I) Federal Crop Insurance; or (II) the Noninsured Crop Disaster Assistance Program; and (iii) an appropriate percentage factor, to be established by the Secretary, subject to the condition that the factor shall be not more than 90 percent; or (B) for a producer that did not purchase coverage under Federal Crop Insurance or the Noninsured Crop Disaster Assistance Program, a calculation based on the revenue of the producer for the applicable crop year, as described in paragraph (2). (2) Revenue-based calculation \n(A) Definitions \nIn this paragraph: (i) Allowable gross revenue \nThe term allowable gross revenue , with respect to a producer, means the reported revenue of the operations of the producer during a crop year, including from— (I) sales of eligible crops, as identified by the Secretary; or (II) sales resulting from value added in post-production activities. (ii) Benchmark year \nThe term benchmark year means a crop year in which a producer did not experience a qualified loss. (iii) Disaster year \nThe term disaster year means a crop year in which a producer experiences a qualified loss. (B) Factors for consideration \nSubject to subparagraph (C), the revenue-based calculation referred to in paragraph (1)(B) shall take into account— (i) the allowable gross revenue of the applicable producer during a benchmark year; (ii) the allowable gross revenue of the applicable producer during the disaster year for which the payment is provided under this section; (iii) the percentage of the allowable gross revenue described in clause (ii) derived from sales of specialty crops and high-value crops; and (iv) an appropriate percentage factor, to be established by the Secretary, subject to the condition that the factor shall be not more than 70 percent. (C) Vertical integration for producers of wine grapes \nFor a producer of wine grapes that uses not less than 75 percent of the grapes to produce wine at a facility owned by the producer, a payment provided under this section shall be calculated based on the market rate for wine grapes at the time of calculation, in lieu of the revenue of the producer.", "id": "H1960AF6D5F854BEC8CC236439698B757", "header": "Amount of payments", "nested": [], "links": [] }, { "text": "(e) Limitations \nFor each crop year— (1) a producer the average adjusted gross farm income of whom is less than 75 percent may receive payments under this section in an amount equal to not more than— (A) $125,000 for the specialty crops and high-value crops of the producer, as determined by the Secretary; and (B) $125,000 for the crops of the producer not described in subparagraph (A); (2) a producer the average adjusted gross farm income of whom is 75 percent or more may receive payments under this section in an amount equal to not more than— (A) $900,000 for the specialty crops and high-value crops of the producer, as determined by the Secretary; and (B) $250,000 for the crops of the producer not described in subparagraph (A); and (3) the total amount of all payments provided to a producer under this section shall be not more than, as applicable— (A) an amount equal to 90 percent of the qualified losses of the producer during the crop year, including any assistance provided under— (i) Federal Crop Insurance; or (ii) the Noninsured Crop Disaster Assistance Program; or (B) an amount equal to 70 percent of the qualified losses of the producer during the crop year, if the producer did not— (i) obtain a policy or plan of insurance under Federal Crop Insurance for the crops, trees, bushes, or vines incurring the qualified losses; or (ii) file any required paperwork or pay any service fee under the Noninsured Crop Disaster Assistance Program by the applicable State filing deadline for a noninsurable commodity incurring the qualified losses.", "id": "HC69FF649A6DC4071963AAA35F8947087", "header": "Limitations", "nested": [], "links": [] }, { "text": "(f) Timing \nThe Secretary shall administer the program under this section simultaneously for— (1) producers submitting applications using indemnity-based calculations, as described in subsection (d)(1)(A); and (2) producers submitting applications using revenue-based calculations, as described in subsection (d)(1)(B).", "id": "H6100806B55B34A1B82CD80488894532B", "header": "Timing", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act for each of fiscal years 2023 through 2028. (b) Administrative costs \nOf the amounts made available under subsection (a) for each fiscal year, the Secretary may use not more than 1 percent to pay the administrative costs of the Secretary.", "id": "HF69F9C00D2CE4D6DAF572576B7C4C0FA", "header": "Authorization of appropriations", "nested": [ { "text": "(a) In general \nThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act for each of fiscal years 2023 through 2028.", "id": "H3BBC69802B43434D9DB022234BFB9007", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Administrative costs \nOf the amounts made available under subsection (a) for each fiscal year, the Secretary may use not more than 1 percent to pay the administrative costs of the Secretary.", "id": "H470E71B4CF7D4958BFDCC9D08847D1E3", "header": "Administrative costs", "nested": [], "links": [] } ], "links": [] } ]
4
1. Short title This Act may be cited as the Agricultural Emergency Relief Act of 2023. 2. Definitions In this Act: (1) Average adjusted gross farm income The term average adjusted gross farm income , with respect to a producer, means the portion of the average adjusted gross income of the producer that is derived from farming, ranching, or forestry operations. (2) Average adjusted gross income The term average adjusted gross income , with respect to a producer, means the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) of the producer, as averaged over the 3 taxable years preceding the most recently completed taxable year. (3) Disaster (A) In general The term disaster includes— (i) a drought; (ii) a wildfire; (iii) a hurricane; (iv) a flood; (v) a derecho; (vi) excessive heat; (vii) excessive moisture; (viii) a winter storm; and (ix) a freeze event (including a polar vortex). (B) Determination of drought For purposes of subparagraph (A)(i), a county shall be considered to have experienced a drought if any area within the county was rated by the U.S. Drought Monitor as experiencing— (i) a D2-level drought (commonly known as severe drought ) for 8 or more consecutive weeks; or (ii) a D3-level drought (commonly known as extreme drought ), or a higher level of drought intensity, during the applicable calendar year. (4) Federal Crop Insurance The term Federal Crop Insurance means any crop insurance program under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (5) Noninsured Crop Disaster Assistance Program The term Noninsured Crop Disaster Assistance Program means the program under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (6) Producer (A) In general The term producer means an individual or entity that is eligible to receive assistance under a disaster assistance program administered by the Farm Service Agency. (B) Exclusions The term producer does not include— (i) a joint venture; or (ii) a general partnership. (7) Qualified loss (A) In general The term qualified loss means a loss in a crop, trees, bushes, or vines incurred by a producer as a consequence of a disaster. (B) Inclusions The term qualified loss includes— (i) a loss incurred by a producer as a result of being prevented from planting a crop due to a disaster; (ii) a loss in the quality of a crop, trees, bushes, or vines due to a disaster; and (iii) a loss in the quality of a crop (including wine grapes), trees, bushes, or vines due to smoke exposure from a wildfire. (8) Secretary The term Secretary means the Secretary of Agriculture. 3. Emergency relief program (a) Establishment The Secretary shall establish a program under which the Secretary shall provide payments during each crop year to producers that experienced a qualified loss during the crop year. (b) Application (1) In general To be eligible to receive a payment under this section for a crop year, a producer shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including a description of each qualified loss incurred by the producer during the crop year. (2) Approval The Secretary shall approve an application submitted by a producer under paragraph (1) if the application demonstrates to the satisfaction of the Secretary that the producer has incurred a qualified loss during the applicable crop year. (c) Provision of payments (1) In general The Secretary shall provide to each producer the application of whom is approved under subsection (b)(2) a payment for the applicable crop year, in accordance with subsection (d). (2) Requirement to purchase insurance As a condition of receiving a payment under this section, a producer shall purchase, for each of the 2 succeeding crop years— (A) Federal Crop Insurance, if available; or (B) if Federal Crop Insurance is not available, coverage under the Noninsured Crop Disaster Assistance Program. (d) Amount of payments (1) In general Subject to subsection (e), the amount of a payment provided to a producer under subsection (c)(1) shall be determined in accordance with— (A) to the maximum extent practicable, a calculation based on data relating to the producer for the applicable crop year that were previously submitted or known to the Secretary, including— (i) any indemnity of the producer under Federal Crop Insurance or payment received by the producer under the Noninsured Crop Disaster Assistance Program; (ii) the level of coverage of the producer under— (I) Federal Crop Insurance; or (II) the Noninsured Crop Disaster Assistance Program; and (iii) an appropriate percentage factor, to be established by the Secretary, subject to the condition that the factor shall be not more than 90 percent; or (B) for a producer that did not purchase coverage under Federal Crop Insurance or the Noninsured Crop Disaster Assistance Program, a calculation based on the revenue of the producer for the applicable crop year, as described in paragraph (2). (2) Revenue-based calculation (A) Definitions In this paragraph: (i) Allowable gross revenue The term allowable gross revenue , with respect to a producer, means the reported revenue of the operations of the producer during a crop year, including from— (I) sales of eligible crops, as identified by the Secretary; or (II) sales resulting from value added in post-production activities. (ii) Benchmark year The term benchmark year means a crop year in which a producer did not experience a qualified loss. (iii) Disaster year The term disaster year means a crop year in which a producer experiences a qualified loss. (B) Factors for consideration Subject to subparagraph (C), the revenue-based calculation referred to in paragraph (1)(B) shall take into account— (i) the allowable gross revenue of the applicable producer during a benchmark year; (ii) the allowable gross revenue of the applicable producer during the disaster year for which the payment is provided under this section; (iii) the percentage of the allowable gross revenue described in clause (ii) derived from sales of specialty crops and high-value crops; and (iv) an appropriate percentage factor, to be established by the Secretary, subject to the condition that the factor shall be not more than 70 percent. (C) Vertical integration for producers of wine grapes For a producer of wine grapes that uses not less than 75 percent of the grapes to produce wine at a facility owned by the producer, a payment provided under this section shall be calculated based on the market rate for wine grapes at the time of calculation, in lieu of the revenue of the producer. (e) Limitations For each crop year— (1) a producer the average adjusted gross farm income of whom is less than 75 percent may receive payments under this section in an amount equal to not more than— (A) $125,000 for the specialty crops and high-value crops of the producer, as determined by the Secretary; and (B) $125,000 for the crops of the producer not described in subparagraph (A); (2) a producer the average adjusted gross farm income of whom is 75 percent or more may receive payments under this section in an amount equal to not more than— (A) $900,000 for the specialty crops and high-value crops of the producer, as determined by the Secretary; and (B) $250,000 for the crops of the producer not described in subparagraph (A); and (3) the total amount of all payments provided to a producer under this section shall be not more than, as applicable— (A) an amount equal to 90 percent of the qualified losses of the producer during the crop year, including any assistance provided under— (i) Federal Crop Insurance; or (ii) the Noninsured Crop Disaster Assistance Program; or (B) an amount equal to 70 percent of the qualified losses of the producer during the crop year, if the producer did not— (i) obtain a policy or plan of insurance under Federal Crop Insurance for the crops, trees, bushes, or vines incurring the qualified losses; or (ii) file any required paperwork or pay any service fee under the Noninsured Crop Disaster Assistance Program by the applicable State filing deadline for a noninsurable commodity incurring the qualified losses. (f) Timing The Secretary shall administer the program under this section simultaneously for— (1) producers submitting applications using indemnity-based calculations, as described in subsection (d)(1)(A); and (2) producers submitting applications using revenue-based calculations, as described in subsection (d)(1)(B). 4. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act for each of fiscal years 2023 through 2028. (b) Administrative costs Of the amounts made available under subsection (a) for each fiscal year, the Secretary may use not more than 1 percent to pay the administrative costs of the Secretary.
8,996
[ "Agriculture Committee" ]
118hr732ih
118
hr
732
ih
To rename the program under part C of title XVIII of the Social Security Act, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Save Medicare Act.", "id": "H2AF64BD7017E4B43AA8C8DAA8E558BCB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Medicare Advantage renamed \n(a) In general \nThere is hereby established the Alternative Private Health Plan program. The Alternative Private Health Plan program shall consist of the program under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. ). (b) References \nNotwithstanding section 201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ) and subject to subsection (c), any reference to the program under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. ) shall be deemed a reference to the Alternative Private Health Plan program and, with respect to such part, any reference to Medicare+Choice , Medicare Advantage , or MA is deemed a reference to the Alternative Private Health Plan program. (c) Transition \nIn order to provide for an orderly transition and avoid beneficiary and provider confusion, the Secretary of Health and Human Services shall provide for an appropriate transition in the use of the terms Medicare Advantage , MA , and Alternative Private Health Plan in reference to the program under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. ). Such transition shall be fully completed for all materials for plan years beginning on or after October 15, 2023. Before the completion of such transition, any reference to the Alternative Private Health Plan program shall be deemed to include a reference to Medicare+Choice , Medicare Advantage , and MA.", "id": "HFFB81204D1904F999D03F002E44072E6", "header": "Medicare Advantage renamed", "nested": [ { "text": "(a) In general \nThere is hereby established the Alternative Private Health Plan program. The Alternative Private Health Plan program shall consist of the program under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. ).", "id": "H21F2A74E73034473B33F86EE50BA97C8", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–21 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-21" } ] }, { "text": "(b) References \nNotwithstanding section 201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ) and subject to subsection (c), any reference to the program under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. ) shall be deemed a reference to the Alternative Private Health Plan program and, with respect to such part, any reference to Medicare+Choice , Medicare Advantage , or MA is deemed a reference to the Alternative Private Health Plan program.", "id": "H2623F93B7AAA44FE8F6EA4C08815E414", "header": "References", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "42 U.S.C. 1395w–21 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-21" } ] }, { "text": "(c) Transition \nIn order to provide for an orderly transition and avoid beneficiary and provider confusion, the Secretary of Health and Human Services shall provide for an appropriate transition in the use of the terms Medicare Advantage , MA , and Alternative Private Health Plan in reference to the program under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. ). Such transition shall be fully completed for all materials for plan years beginning on or after October 15, 2023. Before the completion of such transition, any reference to the Alternative Private Health Plan program shall be deemed to include a reference to Medicare+Choice , Medicare Advantage , and MA.", "id": "H572011A8138245528ECDAF7982748848", "header": "Transition", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–21 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-21" } ] } ], "links": [ { "text": "42 U.S.C. 1395w–21 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-21" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "42 U.S.C. 1395w–21 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-21" }, { "text": "42 U.S.C. 1395w–21 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-21" } ] }, { "text": "3. Civil money penalty \nSection 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ) is amended by adding at the end the following: (t) (1) Any entity that advertises a plan under part C of title XVIII of this Act by using the term Medicare in the title of the plan on or after the date of enactment of this Act shall be subject to a civil money penalty of $100,000 for each instance of the use of the term in a plan title. (2) The provisions of subsections (c), (g), and (h) shall apply to a civil money penalty under this subsection in the same manner as such provisions apply to a penalty, assessment, or proceeding under subsection (a)..", "id": "H8696973757824066AF51514366D1EC02", "header": "Civil money penalty", "nested": [], "links": [ { "text": "42 U.S.C. 1320a–7a", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7a" } ] } ]
3
1. Short title This Act may be cited as the Save Medicare Act. 2. Medicare Advantage renamed (a) In general There is hereby established the Alternative Private Health Plan program. The Alternative Private Health Plan program shall consist of the program under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. ). (b) References Notwithstanding section 201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ) and subject to subsection (c), any reference to the program under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. ) shall be deemed a reference to the Alternative Private Health Plan program and, with respect to such part, any reference to Medicare+Choice , Medicare Advantage , or MA is deemed a reference to the Alternative Private Health Plan program. (c) Transition In order to provide for an orderly transition and avoid beneficiary and provider confusion, the Secretary of Health and Human Services shall provide for an appropriate transition in the use of the terms Medicare Advantage , MA , and Alternative Private Health Plan in reference to the program under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. ). Such transition shall be fully completed for all materials for plan years beginning on or after October 15, 2023. Before the completion of such transition, any reference to the Alternative Private Health Plan program shall be deemed to include a reference to Medicare+Choice , Medicare Advantage , and MA. 3. Civil money penalty Section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ) is amended by adding at the end the following: (t) (1) Any entity that advertises a plan under part C of title XVIII of this Act by using the term Medicare in the title of the plan on or after the date of enactment of this Act shall be subject to a civil money penalty of $100,000 for each instance of the use of the term in a plan title. (2) The provisions of subsections (c), (g), and (h) shall apply to a civil money penalty under this subsection in the same manner as such provisions apply to a penalty, assessment, or proceeding under subsection (a)..
2,220
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr3098ih
118
hr
3,098
ih
To amend the Internal Revenue Code of 1986 to modify the limitation on the deduction for State and local taxes.
[ { "text": "1. Short title \nThis Act may be cited as the SALT Fairness and Deficit Reduction Act.", "id": "H58B04CF494BC4187AF6BD1C20DCB6D34", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Modification of limitation on deduction for State and local taxes \n(a) Increase in limitation \n(1) In general \nSection 164(b)(6)(B) of the Internal Revenue Code of 1986 is amended by striking $10,000 ($5,000 in the case of a married individual filing a separate return) and inserting $60,000 (twice such amount in the case of a joint return). (2) Inflation adjustment \nSection 164 of such Code is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: (g) Inflation adjustment \n(1) In general \nIn the case of any taxable year beginning after 2023, the $60,000 amount in subsection (b)(6)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section (1)(f)(3) of the Internal Revenue Code of 1986 for the calendar year in which the taxable year begins by substituting 2022 for 2016 in subparagraph (A)(ii) thereof. (2) Rounding \nIf any amount as adjusted under subparagraph (A) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50.. (b) Extension of limitation \nSection 164(b)(6) of such Code is amended— (1) by striking January 1, 2026 and inserting January 1, 2033 , and (2) by striking 2025 in the heading and inserting 2032. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "H612316A0591C49CDA1ED92FCBD0DFE3F", "header": "Modification of limitation on deduction for State and local taxes", "nested": [ { "text": "(a) Increase in limitation \n(1) In general \nSection 164(b)(6)(B) of the Internal Revenue Code of 1986 is amended by striking $10,000 ($5,000 in the case of a married individual filing a separate return) and inserting $60,000 (twice such amount in the case of a joint return). (2) Inflation adjustment \nSection 164 of such Code is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: (g) Inflation adjustment \n(1) In general \nIn the case of any taxable year beginning after 2023, the $60,000 amount in subsection (b)(6)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section (1)(f)(3) of the Internal Revenue Code of 1986 for the calendar year in which the taxable year begins by substituting 2022 for 2016 in subparagraph (A)(ii) thereof. (2) Rounding \nIf any amount as adjusted under subparagraph (A) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50..", "id": "H256BB679772D47C29243AFA8F37D857E", "header": "Increase in limitation", "nested": [], "links": [ { "text": "Section 164(b)(6)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/164" } ] }, { "text": "(b) Extension of limitation \nSection 164(b)(6) of such Code is amended— (1) by striking January 1, 2026 and inserting January 1, 2033 , and (2) by striking 2025 in the heading and inserting 2032.", "id": "H8D249DDAB97544CD8C3224D8390DE6BD", "header": "Extension of limitation", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "HCDEEB9F4E4914055B288F6CA2E8E9241", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 164(b)(6)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/164" } ] } ]
2
1. Short title This Act may be cited as the SALT Fairness and Deficit Reduction Act. 2. Modification of limitation on deduction for State and local taxes (a) Increase in limitation (1) In general Section 164(b)(6)(B) of the Internal Revenue Code of 1986 is amended by striking $10,000 ($5,000 in the case of a married individual filing a separate return) and inserting $60,000 (twice such amount in the case of a joint return). (2) Inflation adjustment Section 164 of such Code is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: (g) Inflation adjustment (1) In general In the case of any taxable year beginning after 2023, the $60,000 amount in subsection (b)(6)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section (1)(f)(3) of the Internal Revenue Code of 1986 for the calendar year in which the taxable year begins by substituting 2022 for 2016 in subparagraph (A)(ii) thereof. (2) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50.. (b) Extension of limitation Section 164(b)(6) of such Code is amended— (1) by striking January 1, 2026 and inserting January 1, 2033 , and (2) by striking 2025 in the heading and inserting 2032. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
1,521
[ "Ways and Means Committee" ]
118hr6036ih
118
hr
6,036
ih
To require GAO to conduct annual assessments to determine the extent to which TSA’s passenger security screening practices comply with TSA non-discrimination policies to identify any needed actions to improve compliance, and for other purposes.
[ { "text": "1. GAO assessments of TSA compliance with non-discrimination policies during passenger security screenings \nNot later than 90 days after the date of the enactment of this Act and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation an assessment of the extent to which passenger security screening practices of the Transportation Security Administration comply with non-discrimination policies of the Administration in order to identify any needed actions to improve such compliance.", "id": "HC883DBDC2C8245D3B7C12332A67BBC7B", "header": "GAO assessments of TSA compliance with non-discrimination policies during passenger security screenings", "nested": [], "links": [] } ]
1
1. GAO assessments of TSA compliance with non-discrimination policies during passenger security screenings Not later than 90 days after the date of the enactment of this Act and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation an assessment of the extent to which passenger security screening practices of the Transportation Security Administration comply with non-discrimination policies of the Administration in order to identify any needed actions to improve such compliance.
638
[ "Homeland Security Committee" ]
118hr282ih
118
hr
282
ih
To amend title XVIII of the Social Security Act to require hospitals reimbursed under the Medicare system to establish and implement security procedures to reduce the likelihood of infant patient abduction and baby switching, including procedures for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital.
[ { "text": "1. Short title \nThis Act may be cited as the Infant Protection and Baby Switching Prevention Act of 2023.", "id": "H3DAA55F97EC940798AB7F3B7B3F4C007", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Medicare payments to hospitals contingent on implementation of security procedures regarding infant patient protection and baby switching \n(a) Agreements With Hospitals \nSection 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraphs (W) and (X), by moving the margin of each subparagraph 2 ems to the left; (2) in subparagraph (X), by striking and at the end; (3) in subparagraph (Y), by striking the period at the end and inserting , and ; and (4) by inserting after subparagraph (Y) the following new subparagraph: (Z) in the case of hospitals and critical access hospitals that provide neonatal or infant care, to have in effect security procedures that meet standards established by the Secretary (in consultation with appropriate organizations) to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital.. (b) Regulations \n(1) In general \nIn promulgating regulations under subparagraph (Z) of section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ), as added by subsection (a), the Secretary of Health and Human Services shall— (A) consult with various organizations representing consumers, appropriate State and local regulatory agencies, hospitals, and critical access hospitals; (B) take into account variations in size and location of hospitals and critical access hospitals, and the percentage of overall services furnished by such hospitals and critical access hospitals that neonatal care and infant care represent; and (C) promulgate specific regulations that address each size and type of hospital covered. (2) Deadline for publication \nNot later than 12 months after the date of the enactment of this Act, the Secretary shall publish the regulations required under paragraph (1). In order to carry out this requirement in a timely manner, the Secretary may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment. (c) Penalties \n(1) Amount of penalty \nA hospital that participates in the Medicare program under title XVIII of the Social Security Act under an agreement pursuant to section 1866 of such Act ( 42 U.S.C. 1395cc ) that commits a violation described in paragraph (2) is subject to a civil money penalty of not more than $50,000 (or not more than $25,000 in the case of a hospital with fewer than 100 beds) for each such violation. (2) Violation described \nA hospital described in paragraph (1) commits a violation for purposes of this subsection if the hospital fails to have in effect security procedures that meet standards established by the Secretary of Health and Human Services under section 1866(a)(1)(Z) of such Act, as added by subsection (a), to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital. (3) Administrative provisions \nThe provisions of section 1128A of such Act ( 42 U.S.C. 1320a–7a ), other than subsections (a) and (b), shall apply to a civil money penalty under this subsection in the same manner as such provisions apply with respect to a penalty or proceeding under section 1128A(a) of such Act. (d) Effective date \nThis section, and the amendments made by this section, shall take effect on the date that is 18 months after the date of the enactment of this Act, and shall apply to contracts entered into or renewed under section 1866 of the Social Security Act ( 42 U.S.C. 1395cc ) on or after such date.", "id": "HDAF0183D16C3426D9EA7B8C0B3051079", "header": "Medicare payments to hospitals contingent on implementation of security procedures regarding infant patient protection and baby switching", "nested": [ { "text": "(a) Agreements With Hospitals \nSection 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraphs (W) and (X), by moving the margin of each subparagraph 2 ems to the left; (2) in subparagraph (X), by striking and at the end; (3) in subparagraph (Y), by striking the period at the end and inserting , and ; and (4) by inserting after subparagraph (Y) the following new subparagraph: (Z) in the case of hospitals and critical access hospitals that provide neonatal or infant care, to have in effect security procedures that meet standards established by the Secretary (in consultation with appropriate organizations) to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital..", "id": "H71C8AE78A75945209B9FC1E1DEA76EC6", "header": "Agreements With Hospitals", "nested": [], "links": [ { "text": "42 U.S.C. 1395cc(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" } ] }, { "text": "(b) Regulations \n(1) In general \nIn promulgating regulations under subparagraph (Z) of section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ), as added by subsection (a), the Secretary of Health and Human Services shall— (A) consult with various organizations representing consumers, appropriate State and local regulatory agencies, hospitals, and critical access hospitals; (B) take into account variations in size and location of hospitals and critical access hospitals, and the percentage of overall services furnished by such hospitals and critical access hospitals that neonatal care and infant care represent; and (C) promulgate specific regulations that address each size and type of hospital covered. (2) Deadline for publication \nNot later than 12 months after the date of the enactment of this Act, the Secretary shall publish the regulations required under paragraph (1). In order to carry out this requirement in a timely manner, the Secretary may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment.", "id": "HB8844C80FB8B41AA80E5DF534EC93ECB", "header": "Regulations", "nested": [], "links": [ { "text": "42 U.S.C. 1395cc(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" } ] }, { "text": "(c) Penalties \n(1) Amount of penalty \nA hospital that participates in the Medicare program under title XVIII of the Social Security Act under an agreement pursuant to section 1866 of such Act ( 42 U.S.C. 1395cc ) that commits a violation described in paragraph (2) is subject to a civil money penalty of not more than $50,000 (or not more than $25,000 in the case of a hospital with fewer than 100 beds) for each such violation. (2) Violation described \nA hospital described in paragraph (1) commits a violation for purposes of this subsection if the hospital fails to have in effect security procedures that meet standards established by the Secretary of Health and Human Services under section 1866(a)(1)(Z) of such Act, as added by subsection (a), to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital. (3) Administrative provisions \nThe provisions of section 1128A of such Act ( 42 U.S.C. 1320a–7a ), other than subsections (a) and (b), shall apply to a civil money penalty under this subsection in the same manner as such provisions apply with respect to a penalty or proceeding under section 1128A(a) of such Act.", "id": "H21F0B39EBB86448F83D9C0A75DCEE7E1", "header": "Penalties", "nested": [], "links": [ { "text": "42 U.S.C. 1395cc", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" }, { "text": "42 U.S.C. 1320a–7a", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7a" } ] }, { "text": "(d) Effective date \nThis section, and the amendments made by this section, shall take effect on the date that is 18 months after the date of the enactment of this Act, and shall apply to contracts entered into or renewed under section 1866 of the Social Security Act ( 42 U.S.C. 1395cc ) on or after such date.", "id": "HE540AC3E002E414992195C0780A737DE", "header": "Effective date", "nested": [], "links": [ { "text": "42 U.S.C. 1395cc", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" } ] } ], "links": [ { "text": "42 U.S.C. 1395cc(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" }, { "text": "42 U.S.C. 1395cc(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" }, { "text": "42 U.S.C. 1395cc", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" }, { "text": "42 U.S.C. 1320a–7a", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7a" }, { "text": "42 U.S.C. 1395cc", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" } ] }, { "text": "3. Baby switching prohibited \n(a) In general \nChapter 55 of title 18, United States Code, is amended by adding at the end the following: 1205. Baby switching \n(a) Whoever being in interstate commerce knowingly alters or destroys an identification record of a newborn patient with the intention that the newborn patient be misidentified by any person shall be fined not more than $250,000 in the case of an individual and not more than $500,000 in the case of an organization, or imprisoned not more than ten years, or both. (b) As used in this section, the term identification record means a record maintained by a hospital to aid in the identification of newborn patients of the hospital, including any of the following: (1) The footprint, fingerprint, or photograph of the newborn patient. (2) A written description of the infant. (3) An identification bracelet or anklet put on the newborn patient, or the mother of the newborn patient, by a staff member of the hospital.. (b) Clerical Amendment \nThe table of sections at the beginning of chapter 55 of title 18, United States Code, is amended by adding at the end the following new item: 1205. Baby switching..", "id": "H36371D148A994AEFA89C7D28A7938A44", "header": "Baby switching prohibited", "nested": [ { "text": "(a) In general \nChapter 55 of title 18, United States Code, is amended by adding at the end the following: 1205. Baby switching \n(a) Whoever being in interstate commerce knowingly alters or destroys an identification record of a newborn patient with the intention that the newborn patient be misidentified by any person shall be fined not more than $250,000 in the case of an individual and not more than $500,000 in the case of an organization, or imprisoned not more than ten years, or both. (b) As used in this section, the term identification record means a record maintained by a hospital to aid in the identification of newborn patients of the hospital, including any of the following: (1) The footprint, fingerprint, or photograph of the newborn patient. (2) A written description of the infant. (3) An identification bracelet or anklet put on the newborn patient, or the mother of the newborn patient, by a staff member of the hospital..", "id": "HDD1BDFA0D53E42789B8CF3212555E1F6", "header": "In general", "nested": [], "links": [ { "text": "Chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/55" } ] }, { "text": "(b) Clerical Amendment \nThe table of sections at the beginning of chapter 55 of title 18, United States Code, is amended by adding at the end the following new item: 1205. Baby switching..", "id": "H8057615B81584B02ACA71835CFFFE4B2", "header": "Clerical Amendment", "nested": [], "links": [ { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/55" } ] } ], "links": [ { "text": "Chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/55" }, { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/55" } ] }, { "text": "1205. Baby switching \n(a) Whoever being in interstate commerce knowingly alters or destroys an identification record of a newborn patient with the intention that the newborn patient be misidentified by any person shall be fined not more than $250,000 in the case of an individual and not more than $500,000 in the case of an organization, or imprisoned not more than ten years, or both. (b) As used in this section, the term identification record means a record maintained by a hospital to aid in the identification of newborn patients of the hospital, including any of the following: (1) The footprint, fingerprint, or photograph of the newborn patient. (2) A written description of the infant. (3) An identification bracelet or anklet put on the newborn patient, or the mother of the newborn patient, by a staff member of the hospital.", "id": "HB7E2C429FB914779B9BFF3CB02C166FD", "header": "Baby switching", "nested": [ { "text": "(a) Whoever being in interstate commerce knowingly alters or destroys an identification record of a newborn patient with the intention that the newborn patient be misidentified by any person shall be fined not more than $250,000 in the case of an individual and not more than $500,000 in the case of an organization, or imprisoned not more than ten years, or both.", "id": "H117EAC5AC6244EC9BBF793D26137613B", "header": null, "nested": [], "links": [] }, { "text": "(b) As used in this section, the term identification record means a record maintained by a hospital to aid in the identification of newborn patients of the hospital, including any of the following: (1) The footprint, fingerprint, or photograph of the newborn patient. (2) A written description of the infant. (3) An identification bracelet or anklet put on the newborn patient, or the mother of the newborn patient, by a staff member of the hospital.", "id": "HED738AF82A234485828502ADB59CBFF3", "header": null, "nested": [], "links": [] } ], "links": [] } ]
4
1. Short title This Act may be cited as the Infant Protection and Baby Switching Prevention Act of 2023. 2. Medicare payments to hospitals contingent on implementation of security procedures regarding infant patient protection and baby switching (a) Agreements With Hospitals Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraphs (W) and (X), by moving the margin of each subparagraph 2 ems to the left; (2) in subparagraph (X), by striking and at the end; (3) in subparagraph (Y), by striking the period at the end and inserting , and ; and (4) by inserting after subparagraph (Y) the following new subparagraph: (Z) in the case of hospitals and critical access hospitals that provide neonatal or infant care, to have in effect security procedures that meet standards established by the Secretary (in consultation with appropriate organizations) to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital.. (b) Regulations (1) In general In promulgating regulations under subparagraph (Z) of section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ), as added by subsection (a), the Secretary of Health and Human Services shall— (A) consult with various organizations representing consumers, appropriate State and local regulatory agencies, hospitals, and critical access hospitals; (B) take into account variations in size and location of hospitals and critical access hospitals, and the percentage of overall services furnished by such hospitals and critical access hospitals that neonatal care and infant care represent; and (C) promulgate specific regulations that address each size and type of hospital covered. (2) Deadline for publication Not later than 12 months after the date of the enactment of this Act, the Secretary shall publish the regulations required under paragraph (1). In order to carry out this requirement in a timely manner, the Secretary may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment. (c) Penalties (1) Amount of penalty A hospital that participates in the Medicare program under title XVIII of the Social Security Act under an agreement pursuant to section 1866 of such Act ( 42 U.S.C. 1395cc ) that commits a violation described in paragraph (2) is subject to a civil money penalty of not more than $50,000 (or not more than $25,000 in the case of a hospital with fewer than 100 beds) for each such violation. (2) Violation described A hospital described in paragraph (1) commits a violation for purposes of this subsection if the hospital fails to have in effect security procedures that meet standards established by the Secretary of Health and Human Services under section 1866(a)(1)(Z) of such Act, as added by subsection (a), to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital. (3) Administrative provisions The provisions of section 1128A of such Act ( 42 U.S.C. 1320a–7a ), other than subsections (a) and (b), shall apply to a civil money penalty under this subsection in the same manner as such provisions apply with respect to a penalty or proceeding under section 1128A(a) of such Act. (d) Effective date This section, and the amendments made by this section, shall take effect on the date that is 18 months after the date of the enactment of this Act, and shall apply to contracts entered into or renewed under section 1866 of the Social Security Act ( 42 U.S.C. 1395cc ) on or after such date. 3. Baby switching prohibited (a) In general Chapter 55 of title 18, United States Code, is amended by adding at the end the following: 1205. Baby switching (a) Whoever being in interstate commerce knowingly alters or destroys an identification record of a newborn patient with the intention that the newborn patient be misidentified by any person shall be fined not more than $250,000 in the case of an individual and not more than $500,000 in the case of an organization, or imprisoned not more than ten years, or both. (b) As used in this section, the term identification record means a record maintained by a hospital to aid in the identification of newborn patients of the hospital, including any of the following: (1) The footprint, fingerprint, or photograph of the newborn patient. (2) A written description of the infant. (3) An identification bracelet or anklet put on the newborn patient, or the mother of the newborn patient, by a staff member of the hospital.. (b) Clerical Amendment The table of sections at the beginning of chapter 55 of title 18, United States Code, is amended by adding at the end the following new item: 1205. Baby switching.. 1205. Baby switching (a) Whoever being in interstate commerce knowingly alters or destroys an identification record of a newborn patient with the intention that the newborn patient be misidentified by any person shall be fined not more than $250,000 in the case of an individual and not more than $500,000 in the case of an organization, or imprisoned not more than ten years, or both. (b) As used in this section, the term identification record means a record maintained by a hospital to aid in the identification of newborn patients of the hospital, including any of the following: (1) The footprint, fingerprint, or photograph of the newborn patient. (2) A written description of the infant. (3) An identification bracelet or anklet put on the newborn patient, or the mother of the newborn patient, by a staff member of the hospital.
5,849
[ "Energy and Commerce Committee", "Judiciary Committee", "Ways and Means Committee" ]
118hr5948ih
118
hr
5,948
ih
To terminate the Office of Gun Violence Prevention in the Executive Office of the President and prohibit the establishment of any similar successor office, and for other purposes.
[ { "text": "1. Termination of the Office of Gun Violence Prevention \n(a) In general \nThe Office of Gun Violence Prevention in the Executive Office of the President shall be terminated as of the date of the enactment of this Act. (b) Prohibition on successor offices \nThe President may not establish any successor office to the Office of Gun Violence Prevention. (c) Limit use of Federal funds \nNo Federal funds may be obligated or expended for the salaries or expenses of any officer or employee of an office described in subsection (a) or (b).", "id": "H8D3F760B410C48BCA75F345F2D2FFD67", "header": "Termination of the Office of Gun Violence Prevention", "nested": [ { "text": "(a) In general \nThe Office of Gun Violence Prevention in the Executive Office of the President shall be terminated as of the date of the enactment of this Act.", "id": "H172A3471CBAB4108B21F7346D72A164D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibition on successor offices \nThe President may not establish any successor office to the Office of Gun Violence Prevention.", "id": "H223CE690D0BF45E49F8FC62B149C22DC", "header": "Prohibition on successor offices", "nested": [], "links": [] }, { "text": "(c) Limit use of Federal funds \nNo Federal funds may be obligated or expended for the salaries or expenses of any officer or employee of an office described in subsection (a) or (b).", "id": "H8921FB4EFF794BE2AB812BA54778015F", "header": "Limit use of Federal funds", "nested": [], "links": [] } ], "links": [] } ]
1
1. Termination of the Office of Gun Violence Prevention (a) In general The Office of Gun Violence Prevention in the Executive Office of the President shall be terminated as of the date of the enactment of this Act. (b) Prohibition on successor offices The President may not establish any successor office to the Office of Gun Violence Prevention. (c) Limit use of Federal funds No Federal funds may be obligated or expended for the salaries or expenses of any officer or employee of an office described in subsection (a) or (b).
532
[ "Judiciary Committee" ]
118hr4560ih
118
hr
4,560
ih
To amend the Fair Credit Reporting Act to prohibit consumer reporting agencies that furnish consumer reports for tenant screening purposes from providing certain information, to establish duties of users of consumer reports for housing purposes, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Housing for Formerly Incarcerated Reentry and Stable Tenancy Act or the Housing FIRST Act.", "id": "HC3E044127F964E858832F27307F0F59B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definition of tenant screening purposes \n(a) Definition of tenant screening purposes \nSection 603(h) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(h) ) is amended— (1) by inserting Employment Purposes and Tenant Screening Purposes.— before The term ; (2) by striking The term and inserting the following: (1) Employment purposes \nThe term ; and (3) by adding at the end the following new paragraph: (2) Tenant screening purposes \nThe term tenant screening purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for rental housing or retention as a renter or tenant.. (b) Conforming amendments \nThe Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended— (1) in section 603— (A) in subsection (d)(1)(B), by inserting or tenant screening purposes after employment purposes ; and (B) in subsection (k)— (i) in clause (iii), by striking and at the end; (ii) in clause (iv)(II), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (v) a denial of housing or any other decision related to the provision of rental housing that adversely affects any current or prospective tenant or renter. ; (2) in section 604(a)(3)(B), by inserting or tenant screening purposes after employment purposes ; (3) in section 605A(i)(4)(I), by striking employment, tenant, or background screening purposes and inserting employment purposes, tenant screening purposes, or background screening purposes ; (4) in section 606(d)(2)— (A) by inserting or tenant screening purposes after employment purposes ; (B) by striking of the consumer and inserting of the consumer, or by a housing provider or a prospective housing provider (as applicable) ; and (C) by inserting or fair housing after equal employment opportunity ; (5) in section 609(a)(3)(A)(i), by inserting or tenant screening purposes after employment purposes ; and (6) in section 613— (A) in the section heading, by inserting or tenant screening purposes after employment purposes ; and (B) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting or tenant screening purposes after employment purposes ; and (ii) by inserting or rental housing, as applicable, after obtain employment each place it appears.", "id": "H04840BA6DF0644F0B618CB436E27B4F6", "header": "Definition of tenant screening purposes", "nested": [ { "text": "(a) Definition of tenant screening purposes \nSection 603(h) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(h) ) is amended— (1) by inserting Employment Purposes and Tenant Screening Purposes.— before The term ; (2) by striking The term and inserting the following: (1) Employment purposes \nThe term ; and (3) by adding at the end the following new paragraph: (2) Tenant screening purposes \nThe term tenant screening purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for rental housing or retention as a renter or tenant..", "id": "HF0CF410F018546C4BEE38ED8D1F314ED", "header": "Definition of tenant screening purposes", "nested": [], "links": [ { "text": "15 U.S.C. 1681a(h)", "legal-doc": "usc", "parsable-cite": "usc/15/1681a" } ] }, { "text": "(b) Conforming amendments \nThe Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended— (1) in section 603— (A) in subsection (d)(1)(B), by inserting or tenant screening purposes after employment purposes ; and (B) in subsection (k)— (i) in clause (iii), by striking and at the end; (ii) in clause (iv)(II), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (v) a denial of housing or any other decision related to the provision of rental housing that adversely affects any current or prospective tenant or renter. ; (2) in section 604(a)(3)(B), by inserting or tenant screening purposes after employment purposes ; (3) in section 605A(i)(4)(I), by striking employment, tenant, or background screening purposes and inserting employment purposes, tenant screening purposes, or background screening purposes ; (4) in section 606(d)(2)— (A) by inserting or tenant screening purposes after employment purposes ; (B) by striking of the consumer and inserting of the consumer, or by a housing provider or a prospective housing provider (as applicable) ; and (C) by inserting or fair housing after equal employment opportunity ; (5) in section 609(a)(3)(A)(i), by inserting or tenant screening purposes after employment purposes ; and (6) in section 613— (A) in the section heading, by inserting or tenant screening purposes after employment purposes ; and (B) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting or tenant screening purposes after employment purposes ; and (ii) by inserting or rental housing, as applicable, after obtain employment each place it appears.", "id": "H540F64B2687A4CC480F30CB01820BA46", "header": "Conforming amendments", "nested": [], "links": [ { "text": "15 U.S.C. 1681 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1681" } ] } ], "links": [ { "text": "15 U.S.C. 1681a(h)", "legal-doc": "usc", "parsable-cite": "usc/15/1681a" }, { "text": "15 U.S.C. 1681 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1681" } ] }, { "text": "3. Prohibition on information included in consumer reports furnished for tenant screening purposes \nThe Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended by inserting after section 605C the following new section: 605D. Consumer reports for tenant screening purposes \nA consumer reporting agency that furnishes a consumer report for tenant screening purposes shall not include any information relating to the following: (1) A record for an arrest. (2) Any juvenile adjudication or conviction, including convictions or adjudications in which a juvenile was tried as an adult. (3) Non-criminal citations by State or local law enforcement agencies. (4) Any criminal case resolved through successful completion of diversion, deferred adjudication, deferred entry of judgment, drug court, or a similar judicial program established under State law. (5) A conviction for which— (A) the consumer was sentenced and for which the consumer has completed the sentence; or (B) the consumer is on probation or parole. (6) An offense or offenses related to fees or back payments associated with court costs or incarceration. (7) A record of a conviction or arrest that has been expunged, sealed, vacated, set aside, or subject to similar relief, or any conviction for which a consumer has been pardoned or granted clemency..", "id": "HEA77C448549749D7BFA7F8E67AA75CB7", "header": "Prohibition on information included in consumer reports furnished for tenant screening purposes", "nested": [], "links": [ { "text": "15 U.S.C. 1681 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1681" } ] }, { "text": "605D. Consumer reports for tenant screening purposes \nA consumer reporting agency that furnishes a consumer report for tenant screening purposes shall not include any information relating to the following: (1) A record for an arrest. (2) Any juvenile adjudication or conviction, including convictions or adjudications in which a juvenile was tried as an adult. (3) Non-criminal citations by State or local law enforcement agencies. (4) Any criminal case resolved through successful completion of diversion, deferred adjudication, deferred entry of judgment, drug court, or a similar judicial program established under State law. (5) A conviction for which— (A) the consumer was sentenced and for which the consumer has completed the sentence; or (B) the consumer is on probation or parole. (6) An offense or offenses related to fees or back payments associated with court costs or incarceration. (7) A record of a conviction or arrest that has been expunged, sealed, vacated, set aside, or subject to similar relief, or any conviction for which a consumer has been pardoned or granted clemency.", "id": "HC547DACAD0A64F249B42B7DDCB987B27", "header": "Consumer reports for tenant screening purposes", "nested": [], "links": [] }, { "text": "4. Conditions for furnishing and using consumer reports for tenant screening purposes \nSection 604(b) of the Fair Credit Reporting Act ( 15 U.S.C. 1681b(b) ) is amended— (1) in the subsection heading, by inserting or tenant screening purposes after employment purposes ; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting or tenant screening purposes after employment purposes ; and (B) in subparagraph (A)(ii), by inserting or fair housing after equal employment opportunity ; (3) in paragraph (2)(A)— (A) in the matter preceding clause (i), by inserting or tenant screening purposes after employment purposes ; and (B) in clause (i), by inserting or tenant screening purposes after employment purposes ; and (4) in paragraph (3)(A), by inserting or tenant screening purposes after employment purposes.", "id": "HD4D135A2338E4C6CA71172E5BB9454E7", "header": "Conditions for furnishing and using consumer reports for tenant screening purposes", "nested": [], "links": [ { "text": "15 U.S.C. 1681b(b)", "legal-doc": "usc", "parsable-cite": "usc/15/1681b" } ] }, { "text": "5. Clarification for sources of information \nSection 609(a)(2) of the Fair Credit Reporting Act ( 15 U.S.C. 1681g(a)(2) ) is amended by inserting (including any entity from whom the consumer reporting agency received such information) after the information.", "id": "H185AE8358AB64C78B254C4A568C6DFAA", "header": "Clarification for sources of information", "nested": [], "links": [ { "text": "15 U.S.C. 1681g(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/1681g" } ] }, { "text": "6. Duties of users of consumer reports for housing purposes \nSection 615 of the Fair Credit Reporting Act ( 15 U.S.C. 1681m ) is amended by adding at the end the following new subsection: (i) Duties of users for tenant screening purposes \nIf a person who has procured a consumer report of a consumer for tenant screening purposes or takes any adverse action, including denial of rental housing, against such consumer based wholly or in part on the report, the person— (1) shall provide to the consumer to whom the report relates a notice containing the information described in subsection (a) within 3 days after such adverse action; and (2) shall provide the specific reasons for such adverse action, including the information contained in the consumer report that resulted in the adverse action..", "id": "HF54FDDD0D09740C2AEF6DBE22B542FCA", "header": "Duties of users of consumer reports for housing purposes", "nested": [], "links": [ { "text": "15 U.S.C. 1681m", "legal-doc": "usc", "parsable-cite": "usc/15/1681m" } ] }, { "text": "7. Prohibition on State regulation of time limits for information excluded from consumer reports \nSection 625(b)(1)(E) of the Fair Credit Reporting Act ( 15 U.S.C. 1681t(b)(1)(E) ) is amended— (1) by inserting the time after which after relating to ; and (2) by inserting becomes obsolete after consumer reports.", "id": "H45DCE3F4A68C4A279C6BC18EC51A7566", "header": "Prohibition on State regulation of time limits for information excluded from consumer reports", "nested": [], "links": [ { "text": "15 U.S.C. 1681t(b)(1)(E)", "legal-doc": "usc", "parsable-cite": "usc/15/1681t" } ] }, { "text": "8. Additional exclusion of information from consumer reports \nSection 605(a)(5) of the Fair Credit Reporting Act ( 15 U.S.C. 1681c(a)(5) ) is amended by striking , other than records of convictions of crimes.", "id": "H44915178C37748D6857E0D1E7CC74628", "header": "Additional exclusion of information from consumer reports", "nested": [], "links": [ { "text": "15 U.S.C. 1681c(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/15/1681c" } ] }, { "text": "9. Technical amendment \nSection 615(h)(8) of the Fair Credit Reporting Act ( 15 U.S.C. 1681m(h)(8) ) is amended— (1) in subparagraph (A), by striking this section and inserting this subsection ; and (2) in subparagraph (B), by striking This section and inserting This subsection.", "id": "HFC27345262054923B8AA459FE730A4A5", "header": "Technical amendment", "nested": [], "links": [ { "text": "15 U.S.C. 1681m(h)(8)", "legal-doc": "usc", "parsable-cite": "usc/15/1681m" } ] } ]
10
1. Short title This Act may be cited as the Housing for Formerly Incarcerated Reentry and Stable Tenancy Act or the Housing FIRST Act. 2. Definition of tenant screening purposes (a) Definition of tenant screening purposes Section 603(h) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(h) ) is amended— (1) by inserting Employment Purposes and Tenant Screening Purposes.— before The term ; (2) by striking The term and inserting the following: (1) Employment purposes The term ; and (3) by adding at the end the following new paragraph: (2) Tenant screening purposes The term tenant screening purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for rental housing or retention as a renter or tenant.. (b) Conforming amendments The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended— (1) in section 603— (A) in subsection (d)(1)(B), by inserting or tenant screening purposes after employment purposes ; and (B) in subsection (k)— (i) in clause (iii), by striking and at the end; (ii) in clause (iv)(II), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (v) a denial of housing or any other decision related to the provision of rental housing that adversely affects any current or prospective tenant or renter. ; (2) in section 604(a)(3)(B), by inserting or tenant screening purposes after employment purposes ; (3) in section 605A(i)(4)(I), by striking employment, tenant, or background screening purposes and inserting employment purposes, tenant screening purposes, or background screening purposes ; (4) in section 606(d)(2)— (A) by inserting or tenant screening purposes after employment purposes ; (B) by striking of the consumer and inserting of the consumer, or by a housing provider or a prospective housing provider (as applicable) ; and (C) by inserting or fair housing after equal employment opportunity ; (5) in section 609(a)(3)(A)(i), by inserting or tenant screening purposes after employment purposes ; and (6) in section 613— (A) in the section heading, by inserting or tenant screening purposes after employment purposes ; and (B) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting or tenant screening purposes after employment purposes ; and (ii) by inserting or rental housing, as applicable, after obtain employment each place it appears. 3. Prohibition on information included in consumer reports furnished for tenant screening purposes The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended by inserting after section 605C the following new section: 605D. Consumer reports for tenant screening purposes A consumer reporting agency that furnishes a consumer report for tenant screening purposes shall not include any information relating to the following: (1) A record for an arrest. (2) Any juvenile adjudication or conviction, including convictions or adjudications in which a juvenile was tried as an adult. (3) Non-criminal citations by State or local law enforcement agencies. (4) Any criminal case resolved through successful completion of diversion, deferred adjudication, deferred entry of judgment, drug court, or a similar judicial program established under State law. (5) A conviction for which— (A) the consumer was sentenced and for which the consumer has completed the sentence; or (B) the consumer is on probation or parole. (6) An offense or offenses related to fees or back payments associated with court costs or incarceration. (7) A record of a conviction or arrest that has been expunged, sealed, vacated, set aside, or subject to similar relief, or any conviction for which a consumer has been pardoned or granted clemency.. 605D. Consumer reports for tenant screening purposes A consumer reporting agency that furnishes a consumer report for tenant screening purposes shall not include any information relating to the following: (1) A record for an arrest. (2) Any juvenile adjudication or conviction, including convictions or adjudications in which a juvenile was tried as an adult. (3) Non-criminal citations by State or local law enforcement agencies. (4) Any criminal case resolved through successful completion of diversion, deferred adjudication, deferred entry of judgment, drug court, or a similar judicial program established under State law. (5) A conviction for which— (A) the consumer was sentenced and for which the consumer has completed the sentence; or (B) the consumer is on probation or parole. (6) An offense or offenses related to fees or back payments associated with court costs or incarceration. (7) A record of a conviction or arrest that has been expunged, sealed, vacated, set aside, or subject to similar relief, or any conviction for which a consumer has been pardoned or granted clemency. 4. Conditions for furnishing and using consumer reports for tenant screening purposes Section 604(b) of the Fair Credit Reporting Act ( 15 U.S.C. 1681b(b) ) is amended— (1) in the subsection heading, by inserting or tenant screening purposes after employment purposes ; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting or tenant screening purposes after employment purposes ; and (B) in subparagraph (A)(ii), by inserting or fair housing after equal employment opportunity ; (3) in paragraph (2)(A)— (A) in the matter preceding clause (i), by inserting or tenant screening purposes after employment purposes ; and (B) in clause (i), by inserting or tenant screening purposes after employment purposes ; and (4) in paragraph (3)(A), by inserting or tenant screening purposes after employment purposes. 5. Clarification for sources of information Section 609(a)(2) of the Fair Credit Reporting Act ( 15 U.S.C. 1681g(a)(2) ) is amended by inserting (including any entity from whom the consumer reporting agency received such information) after the information. 6. Duties of users of consumer reports for housing purposes Section 615 of the Fair Credit Reporting Act ( 15 U.S.C. 1681m ) is amended by adding at the end the following new subsection: (i) Duties of users for tenant screening purposes If a person who has procured a consumer report of a consumer for tenant screening purposes or takes any adverse action, including denial of rental housing, against such consumer based wholly or in part on the report, the person— (1) shall provide to the consumer to whom the report relates a notice containing the information described in subsection (a) within 3 days after such adverse action; and (2) shall provide the specific reasons for such adverse action, including the information contained in the consumer report that resulted in the adverse action.. 7. Prohibition on State regulation of time limits for information excluded from consumer reports Section 625(b)(1)(E) of the Fair Credit Reporting Act ( 15 U.S.C. 1681t(b)(1)(E) ) is amended— (1) by inserting the time after which after relating to ; and (2) by inserting becomes obsolete after consumer reports. 8. Additional exclusion of information from consumer reports Section 605(a)(5) of the Fair Credit Reporting Act ( 15 U.S.C. 1681c(a)(5) ) is amended by striking , other than records of convictions of crimes. 9. Technical amendment Section 615(h)(8) of the Fair Credit Reporting Act ( 15 U.S.C. 1681m(h)(8) ) is amended— (1) in subparagraph (A), by striking this section and inserting this subsection ; and (2) in subparagraph (B), by striking This section and inserting This subsection.
7,532
[ "Financial Services Committee" ]
118hr7719ih
118
hr
7,719
ih
To provide for the removal of abandoned vessels, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Abandoned and Derelict Vessel Removal Act of 2024.", "id": "H6B7EF7E54F5C48D480D290B0CCB9F2B0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Abandoned and derelict vessels \n(a) In general \nChapter 47 of title 46, United States Code, is amended— (1) in the chapter heading by striking BARGES and inserting VESSELS ; (2) by inserting before section 4701 the following: I BARGES \n; and (3) by adding at the end the following: II NON-BARGE VESSELS \n4710. Definitions \nIn this subchapter: (1) Abandon \nThe term abandon means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days. (2) Covered vessel \nThe term covered vessel means a vessel that is not a barge to which subchapter I applies. (3) Indian tribe \nThe term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). 4711. Abandonment of vessels prohibited \n(a) In general \nAn owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States. (b) Determination of abandonment \n(1) Notification \n(A) In general \nWith respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall— (i) attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and (ii) notify such owner— (I) of the penalty described in subsection (c); and (II) that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel. (B) Form \nThe Commandant shall provide the notice required under subparagraph (A)— (i) if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or (ii) if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard. (2) Determination \nThe Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned. (c) Penalty \n(1) In general \nThe Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a). (2) Liability in rem \nThe owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1). (d) Vessels not abandoned \nThe Commandant may not determine that a covered vessel is abandoned under this section if— (1) such vessel is located at a federally approved or State approved mooring area or anchorage; (2) such vessel is located on private property with the permission of the owner of such property; (3) the owner or operator of such vessel provides a notification to the Commandant that— (A) indicates the location of the vessel; (B) indicates that the vessel is not abandoned; and (C) contains documentation proving that the vessel is allowed to be in such location; or (4) the Commandant determines that such an abandonment determination would not be in the public interest. 4712. Inventory of abandoned vessels \n(a) In general \nNot later than 1 year after the date of enactment of this section, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned. (b) Contents \nThe inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel. (c) Publication \nThe Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard. (d) Reporting of potentially abandoned vessels \nIn carrying out this section, the Commandant shall develop a process by which— (1) a State, Indian Tribe, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a); and (2) the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711.. (b) Rulemaking \nThe Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of the Army, acting through the Chief of Engineers, and the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall issue regulations with respect to the procedures for determining that a vessel is abandoned for the purposes of subchapter II of chapter 47 of title 46, United States Code (as added by this section). (c) Conforming amendments \nChapter 47 of title 46, United States Code, is amended— (1) in section 4701— (A) in the matter preceding paragraph (1) by striking chapter and inserting subchapter ; and (B) in paragraph (2) by striking chapter and inserting subchapter ; (2) in section 4703 by striking chapter and inserting subchapter ; (3) in section 4704 by striking chapter each place it appears and inserting subchapter ; and (4) in section 4705 by striking chapter and inserting subchapter. (d) Clerical amendments \nThe analysis for chapter 47 of title 46, United States Code, is amended— (1) by inserting before the item relating to section 4701 the following: Subchapter I—Barges ; and (2) by adding at the end the following: Subchapter II—Vessels 4710. Definitions. 4711. Abandonment of vessels prohibited. 4712. Inventory of abandoned vessels..", "id": "H38877D4C0BBE49D08C20BB93F1C00C43", "header": "Abandoned and derelict vessels", "nested": [ { "text": "(a) In general \nChapter 47 of title 46, United States Code, is amended— (1) in the chapter heading by striking BARGES and inserting VESSELS ; (2) by inserting before section 4701 the following: I BARGES \n; and (3) by adding at the end the following: II NON-BARGE VESSELS \n4710. Definitions \nIn this subchapter: (1) Abandon \nThe term abandon means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days. (2) Covered vessel \nThe term covered vessel means a vessel that is not a barge to which subchapter I applies. (3) Indian tribe \nThe term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). 4711. Abandonment of vessels prohibited \n(a) In general \nAn owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States. (b) Determination of abandonment \n(1) Notification \n(A) In general \nWith respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall— (i) attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and (ii) notify such owner— (I) of the penalty described in subsection (c); and (II) that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel. (B) Form \nThe Commandant shall provide the notice required under subparagraph (A)— (i) if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or (ii) if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard. (2) Determination \nThe Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned. (c) Penalty \n(1) In general \nThe Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a). (2) Liability in rem \nThe owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1). (d) Vessels not abandoned \nThe Commandant may not determine that a covered vessel is abandoned under this section if— (1) such vessel is located at a federally approved or State approved mooring area or anchorage; (2) such vessel is located on private property with the permission of the owner of such property; (3) the owner or operator of such vessel provides a notification to the Commandant that— (A) indicates the location of the vessel; (B) indicates that the vessel is not abandoned; and (C) contains documentation proving that the vessel is allowed to be in such location; or (4) the Commandant determines that such an abandonment determination would not be in the public interest. 4712. Inventory of abandoned vessels \n(a) In general \nNot later than 1 year after the date of enactment of this section, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned. (b) Contents \nThe inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel. (c) Publication \nThe Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard. (d) Reporting of potentially abandoned vessels \nIn carrying out this section, the Commandant shall develop a process by which— (1) a State, Indian Tribe, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a); and (2) the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711..", "id": "H46EA4DD5CDAC43CCBE0883201BC67543", "header": "In general", "nested": [], "links": [ { "text": "Chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/47" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "(b) Rulemaking \nThe Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of the Army, acting through the Chief of Engineers, and the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall issue regulations with respect to the procedures for determining that a vessel is abandoned for the purposes of subchapter II of chapter 47 of title 46, United States Code (as added by this section).", "id": "HA192674B7C984B128F4FC8026AB770D2", "header": "Rulemaking", "nested": [], "links": [ { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/47" } ] }, { "text": "(c) Conforming amendments \nChapter 47 of title 46, United States Code, is amended— (1) in section 4701— (A) in the matter preceding paragraph (1) by striking chapter and inserting subchapter ; and (B) in paragraph (2) by striking chapter and inserting subchapter ; (2) in section 4703 by striking chapter and inserting subchapter ; (3) in section 4704 by striking chapter each place it appears and inserting subchapter ; and (4) in section 4705 by striking chapter and inserting subchapter.", "id": "H22FE6D3DCA824DB7ACCC075C0529378E", "header": "Conforming amendments", "nested": [], "links": [ { "text": "Chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/47" } ] }, { "text": "(d) Clerical amendments \nThe analysis for chapter 47 of title 46, United States Code, is amended— (1) by inserting before the item relating to section 4701 the following: Subchapter I—Barges ; and (2) by adding at the end the following: Subchapter II—Vessels 4710. Definitions. 4711. Abandonment of vessels prohibited. 4712. Inventory of abandoned vessels..", "id": "H45DA12C3A85C42CDA9E5B8DFF86ADB43", "header": "Clerical amendments", "nested": [], "links": [ { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/47" } ] } ], "links": [ { "text": "Chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/47" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/47" }, { "text": "Chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/47" }, { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/47" } ] }, { "text": "4710. Definitions \nIn this subchapter: (1) Abandon \nThe term abandon means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days. (2) Covered vessel \nThe term covered vessel means a vessel that is not a barge to which subchapter I applies. (3) Indian tribe \nThe term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).", "id": "HA8DAB6D21FA1444F85FE9CEC02ACCFFB", "header": "Definitions", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "4711. Abandonment of vessels prohibited \n(a) In general \nAn owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States. (b) Determination of abandonment \n(1) Notification \n(A) In general \nWith respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall— (i) attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and (ii) notify such owner— (I) of the penalty described in subsection (c); and (II) that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel. (B) Form \nThe Commandant shall provide the notice required under subparagraph (A)— (i) if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or (ii) if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard. (2) Determination \nThe Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned. (c) Penalty \n(1) In general \nThe Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a). (2) Liability in rem \nThe owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1). (d) Vessels not abandoned \nThe Commandant may not determine that a covered vessel is abandoned under this section if— (1) such vessel is located at a federally approved or State approved mooring area or anchorage; (2) such vessel is located on private property with the permission of the owner of such property; (3) the owner or operator of such vessel provides a notification to the Commandant that— (A) indicates the location of the vessel; (B) indicates that the vessel is not abandoned; and (C) contains documentation proving that the vessel is allowed to be in such location; or (4) the Commandant determines that such an abandonment determination would not be in the public interest.", "id": "HDD8A4FBAE0AD4765A43D03BEF537EB5D", "header": "Abandonment of vessels prohibited", "nested": [ { "text": "(a) In general \nAn owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States.", "id": "HCC3D75FCAF374EDD8515DD64B7DFF976", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Determination of abandonment \n(1) Notification \n(A) In general \nWith respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall— (i) attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and (ii) notify such owner— (I) of the penalty described in subsection (c); and (II) that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel. (B) Form \nThe Commandant shall provide the notice required under subparagraph (A)— (i) if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or (ii) if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard. (2) Determination \nThe Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned.", "id": "H2D495F07DD8A4ED9A09874650DF0F976", "header": "Determination of abandonment", "nested": [], "links": [] }, { "text": "(c) Penalty \n(1) In general \nThe Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a). (2) Liability in rem \nThe owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1).", "id": "H140895EF7D5D47E9852FD194B7AD3C3B", "header": "Penalty", "nested": [], "links": [] }, { "text": "(d) Vessels not abandoned \nThe Commandant may not determine that a covered vessel is abandoned under this section if— (1) such vessel is located at a federally approved or State approved mooring area or anchorage; (2) such vessel is located on private property with the permission of the owner of such property; (3) the owner or operator of such vessel provides a notification to the Commandant that— (A) indicates the location of the vessel; (B) indicates that the vessel is not abandoned; and (C) contains documentation proving that the vessel is allowed to be in such location; or (4) the Commandant determines that such an abandonment determination would not be in the public interest.", "id": "H8B6B8B77A80A435D8C9F8A17EF4E2073", "header": "Vessels not abandoned", "nested": [], "links": [] } ], "links": [] }, { "text": "4712. Inventory of abandoned vessels \n(a) In general \nNot later than 1 year after the date of enactment of this section, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned. (b) Contents \nThe inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel. (c) Publication \nThe Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard. (d) Reporting of potentially abandoned vessels \nIn carrying out this section, the Commandant shall develop a process by which— (1) a State, Indian Tribe, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a); and (2) the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711.", "id": "H847C339A95C2419C9B6A0168590DB5B4", "header": "Inventory of abandoned vessels", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this section, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned.", "id": "H3AC64062055645B1BB1CA1CE4D60076A", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel.", "id": "HA0A72CA18C0546A1ADC76DCA5C3E48CA", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Publication \nThe Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard.", "id": "H0B7C92D260BB46E1AAEFE2CD765126C8", "header": "Publication", "nested": [], "links": [] }, { "text": "(d) Reporting of potentially abandoned vessels \nIn carrying out this section, the Commandant shall develop a process by which— (1) a State, Indian Tribe, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a); and (2) the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711.", "id": "H708053F1E4C84308AC99AF1325F805FC", "header": "Reporting of potentially abandoned vessels", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Oil and hazardous substance removal \nThe removal and disposal of an abandoned vessel under the direction of an on-scene coordinator appointed under the National Contingency Plan developed under section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 ) shall be deemed to be a removal action under such section for purposes of section 9509 of the Internal Revenue Code of 1986.", "id": "H2BEBD15D4D3C40B59B89BBA2790B50AD", "header": "Oil and hazardous substance removal", "nested": [], "links": [ { "text": "33 U.S.C. 1321", "legal-doc": "usc", "parsable-cite": "usc/33/1321" }, { "text": "section 9509", "legal-doc": "usc", "parsable-cite": "usc/26/9509" } ] }, { "text": "4. Uses of oil spill liability trust fund \n(a) In general \nSection 1012(a) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a) ) is amended— (1) in paragraph (4), by striking and at the end; (2) in paragraph (5)(D), by striking the period and inserting ; and ; and (3) by adding at the end the following: (6) the payment of costs associated with the collection and disposal of an abandoned vessel, including a derelict vessel, by the President if— (A) such collection and disposal is determined to be in the public interest by the Federal Government, a State, or an Indian tribe; and (B) a determination that the vessel is abandoned is made by the Commandant of the Coast Guard in accordance with section 4711 of title 46, United States Code.. (b) Costs of collection and disposal of abandoned or derelict vessels \n(1) Cumulative costs \nThe cumulative cost for the collection and disposal of abandoned vessels, including derelict vessels, described in section 1012(a)(6) of the Oil Pollution Act of 1990 (as added by subsection (a)) in a calendar year shall be deemed to be a single incident for purposes of section 9509 of the Internal Revenue Code of 1986. (2) Liability \nThe owner of any abandoned vessel, including a derelict vessel, collected and disposed of using funds from the Oil Spill Liability Trust Fund pursuant to section 1012(a)(6) of the Oil Pollution Act of 1990 (as added by subsection (a)) shall be liable to the United States for the costs of such collection and disposal and such costs shall be deemed to be amounts described in section 9509(b)(2) of the Internal Revenue Code. (c) Conforming amendment \nSection 9509(f) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end , except with respect to section 1012(a)(6) of the Oil Pollution Act of 1990.", "id": "H09C3E20354514F0C916E24E54FBF6CB0", "header": "Uses of oil spill liability trust fund", "nested": [ { "text": "(a) In general \nSection 1012(a) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a) ) is amended— (1) in paragraph (4), by striking and at the end; (2) in paragraph (5)(D), by striking the period and inserting ; and ; and (3) by adding at the end the following: (6) the payment of costs associated with the collection and disposal of an abandoned vessel, including a derelict vessel, by the President if— (A) such collection and disposal is determined to be in the public interest by the Federal Government, a State, or an Indian tribe; and (B) a determination that the vessel is abandoned is made by the Commandant of the Coast Guard in accordance with section 4711 of title 46, United States Code..", "id": "H75F27C9740F94C59B6853A873047DCB6", "header": "In general", "nested": [], "links": [ { "text": "33 U.S.C. 2712(a)", "legal-doc": "usc", "parsable-cite": "usc/33/2712" } ] }, { "text": "(b) Costs of collection and disposal of abandoned or derelict vessels \n(1) Cumulative costs \nThe cumulative cost for the collection and disposal of abandoned vessels, including derelict vessels, described in section 1012(a)(6) of the Oil Pollution Act of 1990 (as added by subsection (a)) in a calendar year shall be deemed to be a single incident for purposes of section 9509 of the Internal Revenue Code of 1986. (2) Liability \nThe owner of any abandoned vessel, including a derelict vessel, collected and disposed of using funds from the Oil Spill Liability Trust Fund pursuant to section 1012(a)(6) of the Oil Pollution Act of 1990 (as added by subsection (a)) shall be liable to the United States for the costs of such collection and disposal and such costs shall be deemed to be amounts described in section 9509(b)(2) of the Internal Revenue Code.", "id": "HC2A65579BFEA41B2A40429E2AC726C93", "header": "Costs of collection and disposal of abandoned or derelict vessels", "nested": [], "links": [ { "text": "section 9509", "legal-doc": "usc", "parsable-cite": "usc/26/9509" } ] }, { "text": "(c) Conforming amendment \nSection 9509(f) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end , except with respect to section 1012(a)(6) of the Oil Pollution Act of 1990.", "id": "HCBC8A44CC0C44553B10E72AE3C501141", "header": "Conforming amendment", "nested": [], "links": [ { "text": "Section 9509(f)", "legal-doc": "usc", "parsable-cite": "usc/26/9509" } ] } ], "links": [ { "text": "33 U.S.C. 2712(a)", "legal-doc": "usc", "parsable-cite": "usc/33/2712" }, { "text": "section 9509", "legal-doc": "usc", "parsable-cite": "usc/26/9509" }, { "text": "Section 9509(f)", "legal-doc": "usc", "parsable-cite": "usc/26/9509" } ] }, { "text": "5. Requirements for purchasing federally auctioned vessels \n(a) In general \nChapter 571 of title 46, United States Code, is amended by adding at the end the following: 57112. Requirements for purchasing federally auctioned vessels \n(a) In general \nTo be eligible to purchase a covered vessel from the Federal Government, a person shall provide proof of— (1) liability insurance for the operator of such covered vessel; (2) proof of financial resources sufficient to cover maintenance costs of such covered vessel; and (3) with respect to a covered vessel requiring documentation under chapter 121, an admiralty bond or stipulation. (b) Definition \nIn this section, the term covered vessel means— (1) a government-owned vessel disposed of in accordance with this part and section 548 of title 40; (2) a vessel seized or forfeited pursuant to any law, and auctioned by the Federal Government, including a vessel seized or forfeited pursuant to section 7301 or 7302 of the Internal Revenue Code of 1986; and (3) a fishing vessel seized or forfeited pursuant to section 310 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1860 ).. (b) Clerical amendment \nThe analysis for chapter 571 of title 46, United States Code, is amended by adding at the end the following: 57112. Requirements for purchasing federally auctioned vessels..", "id": "HA60B77A990BE4861A4CE919B0A06FC2A", "header": "Requirements for purchasing federally auctioned vessels", "nested": [ { "text": "(a) In general \nChapter 571 of title 46, United States Code, is amended by adding at the end the following: 57112. Requirements for purchasing federally auctioned vessels \n(a) In general \nTo be eligible to purchase a covered vessel from the Federal Government, a person shall provide proof of— (1) liability insurance for the operator of such covered vessel; (2) proof of financial resources sufficient to cover maintenance costs of such covered vessel; and (3) with respect to a covered vessel requiring documentation under chapter 121, an admiralty bond or stipulation. (b) Definition \nIn this section, the term covered vessel means— (1) a government-owned vessel disposed of in accordance with this part and section 548 of title 40; (2) a vessel seized or forfeited pursuant to any law, and auctioned by the Federal Government, including a vessel seized or forfeited pursuant to section 7301 or 7302 of the Internal Revenue Code of 1986; and (3) a fishing vessel seized or forfeited pursuant to section 310 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1860 )..", "id": "H329A261769FC44A8BE850DFD290E782D", "header": "In general", "nested": [], "links": [ { "text": "Chapter 571", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/571" }, { "text": "16 U.S.C. 1860", "legal-doc": "usc", "parsable-cite": "usc/16/1860" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 571 of title 46, United States Code, is amended by adding at the end the following: 57112. Requirements for purchasing federally auctioned vessels..", "id": "HDEC5AB96E0204253AEF4AFC3CF8EB640", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 571", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/571" } ] } ], "links": [ { "text": "Chapter 571", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/571" }, { "text": "16 U.S.C. 1860", "legal-doc": "usc", "parsable-cite": "usc/16/1860" }, { "text": "chapter 571", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/571" } ] }, { "text": "57112. Requirements for purchasing federally auctioned vessels \n(a) In general \nTo be eligible to purchase a covered vessel from the Federal Government, a person shall provide proof of— (1) liability insurance for the operator of such covered vessel; (2) proof of financial resources sufficient to cover maintenance costs of such covered vessel; and (3) with respect to a covered vessel requiring documentation under chapter 121, an admiralty bond or stipulation. (b) Definition \nIn this section, the term covered vessel means— (1) a government-owned vessel disposed of in accordance with this part and section 548 of title 40; (2) a vessel seized or forfeited pursuant to any law, and auctioned by the Federal Government, including a vessel seized or forfeited pursuant to section 7301 or 7302 of the Internal Revenue Code of 1986; and (3) a fishing vessel seized or forfeited pursuant to section 310 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1860 ).", "id": "HAD81524DDE4E44FC86B909CEEBA4E240", "header": "Requirements for purchasing federally auctioned vessels", "nested": [ { "text": "(a) In general \nTo be eligible to purchase a covered vessel from the Federal Government, a person shall provide proof of— (1) liability insurance for the operator of such covered vessel; (2) proof of financial resources sufficient to cover maintenance costs of such covered vessel; and (3) with respect to a covered vessel requiring documentation under chapter 121, an admiralty bond or stipulation.", "id": "H816269FC3DAD4BC0AFC57BEA89D8F934", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definition \nIn this section, the term covered vessel means— (1) a government-owned vessel disposed of in accordance with this part and section 548 of title 40; (2) a vessel seized or forfeited pursuant to any law, and auctioned by the Federal Government, including a vessel seized or forfeited pursuant to section 7301 or 7302 of the Internal Revenue Code of 1986; and (3) a fishing vessel seized or forfeited pursuant to section 310 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1860 ).", "id": "H7A35AF96A846483FAE50A4F5158170F7", "header": "Definition", "nested": [], "links": [ { "text": "16 U.S.C. 1860", "legal-doc": "usc", "parsable-cite": "usc/16/1860" } ] } ], "links": [ { "text": "16 U.S.C. 1860", "legal-doc": "usc", "parsable-cite": "usc/16/1860" } ] }, { "text": "6. Removal of obstructive or abandoned vessels \n(a) In general \nSection 19 of the River and Harbor Act of March 3, 1899 ( 33 U.S.C. 414 ), is amended— (1) by striking by striking Sec. 19. (a) That whenever and inserting the following: 19. Vessel removal by secretary of the army \n(a) Removal of obstructive vessels \n(1) In general \nThat whenever ; (2) in subsection (b)— (A) by striking described in this section and inserting described in this subsection ; and (B) by striking under subsection (a) and inserting under paragraph (1) ; (3) by striking (b) The owner and inserting the following: (2) Liability of owner, lessee, or operator \nThe owner ; and (4) by adding at the end the following: (b) Removal of abandoned vessel \n(1) In general \nThe Secretary of the Army is authorized to remove from the waters of the United States any abandoned vessel or any vessel under the control of the United States by reason of seizure or forfeiture pursuant to any law, that does not obstruct the navigation of such waters, if— (A) such removal is determined to be in the public interest by the Federal Government, a State, or an Indian tribe; and (B) in the case of a vessel that is not under the control of the United States by reason of seizure or forfeiture, the Commandant of the Coast Guard makes a determination that the vessel is abandoned in accordance with section 4711 of title 46, United States Code. (2) Interagency agreements \nIn removing a vessel under this section that is under the control of the United States by reason of seizure or forfeiture, the Secretary shall enter into an interagency agreement with the head of the Federal department, agency, or instrumentality that has control of such vessel. (3) Liability \nThe owner of any vessel described in paragraph (1) that is not under the control of the United States by reason of seizure or forfeiture shall be liable to the United States for the costs of removal and disposal of such vessel.. (b) Conforming amendment \nSection 1115 of the Water Resources Development Act of 1986 (100 Stat. 4235; 102 Stat. 4026) is repealed.", "id": "H08FCDF8B9C29477ABFE02E6F707C6F17", "header": "Removal of obstructive or abandoned vessels", "nested": [ { "text": "(a) In general \nSection 19 of the River and Harbor Act of March 3, 1899 ( 33 U.S.C. 414 ), is amended— (1) by striking by striking Sec. 19. (a) That whenever and inserting the following: 19. Vessel removal by secretary of the army \n(a) Removal of obstructive vessels \n(1) In general \nThat whenever ; (2) in subsection (b)— (A) by striking described in this section and inserting described in this subsection ; and (B) by striking under subsection (a) and inserting under paragraph (1) ; (3) by striking (b) The owner and inserting the following: (2) Liability of owner, lessee, or operator \nThe owner ; and (4) by adding at the end the following: (b) Removal of abandoned vessel \n(1) In general \nThe Secretary of the Army is authorized to remove from the waters of the United States any abandoned vessel or any vessel under the control of the United States by reason of seizure or forfeiture pursuant to any law, that does not obstruct the navigation of such waters, if— (A) such removal is determined to be in the public interest by the Federal Government, a State, or an Indian tribe; and (B) in the case of a vessel that is not under the control of the United States by reason of seizure or forfeiture, the Commandant of the Coast Guard makes a determination that the vessel is abandoned in accordance with section 4711 of title 46, United States Code. (2) Interagency agreements \nIn removing a vessel under this section that is under the control of the United States by reason of seizure or forfeiture, the Secretary shall enter into an interagency agreement with the head of the Federal department, agency, or instrumentality that has control of such vessel. (3) Liability \nThe owner of any vessel described in paragraph (1) that is not under the control of the United States by reason of seizure or forfeiture shall be liable to the United States for the costs of removal and disposal of such vessel..", "id": "HB618923A5B64449AABE8F14FDFB6520C", "header": "In general", "nested": [], "links": [ { "text": "33 U.S.C. 414", "legal-doc": "usc", "parsable-cite": "usc/33/414" } ] }, { "text": "(b) Conforming amendment \nSection 1115 of the Water Resources Development Act of 1986 (100 Stat. 4235; 102 Stat. 4026) is repealed.", "id": "H70A6C142C4B14DEB9F0364CE93E959EE", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [ { "text": "33 U.S.C. 414", "legal-doc": "usc", "parsable-cite": "usc/33/414" } ] }, { "text": "19. Vessel removal by secretary of the army \n(a) Removal of obstructive vessels \n(1) In general \nThat whenever", "id": "H2CC4C9899A424881B029D05CFC014FC5", "header": "Vessel removal by secretary of the army", "nested": [ { "text": "(a) Removal of obstructive vessels \n(1) In general \nThat whenever", "id": "H75392E66DAFF40B1A739CEE03E5E8A53", "header": "Removal of obstructive vessels", "nested": [], "links": [] } ], "links": [] } ]
11
1. Short title This Act may be cited as the Abandoned and Derelict Vessel Removal Act of 2024. 2. Abandoned and derelict vessels (a) In general Chapter 47 of title 46, United States Code, is amended— (1) in the chapter heading by striking BARGES and inserting VESSELS ; (2) by inserting before section 4701 the following: I BARGES ; and (3) by adding at the end the following: II NON-BARGE VESSELS 4710. Definitions In this subchapter: (1) Abandon The term abandon means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days. (2) Covered vessel The term covered vessel means a vessel that is not a barge to which subchapter I applies. (3) Indian tribe The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). 4711. Abandonment of vessels prohibited (a) In general An owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States. (b) Determination of abandonment (1) Notification (A) In general With respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall— (i) attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and (ii) notify such owner— (I) of the penalty described in subsection (c); and (II) that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel. (B) Form The Commandant shall provide the notice required under subparagraph (A)— (i) if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or (ii) if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard. (2) Determination The Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned. (c) Penalty (1) In general The Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a). (2) Liability in rem The owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1). (d) Vessels not abandoned The Commandant may not determine that a covered vessel is abandoned under this section if— (1) such vessel is located at a federally approved or State approved mooring area or anchorage; (2) such vessel is located on private property with the permission of the owner of such property; (3) the owner or operator of such vessel provides a notification to the Commandant that— (A) indicates the location of the vessel; (B) indicates that the vessel is not abandoned; and (C) contains documentation proving that the vessel is allowed to be in such location; or (4) the Commandant determines that such an abandonment determination would not be in the public interest. 4712. Inventory of abandoned vessels (a) In general Not later than 1 year after the date of enactment of this section, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned. (b) Contents The inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel. (c) Publication The Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard. (d) Reporting of potentially abandoned vessels In carrying out this section, the Commandant shall develop a process by which— (1) a State, Indian Tribe, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a); and (2) the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711.. (b) Rulemaking The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of the Army, acting through the Chief of Engineers, and the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall issue regulations with respect to the procedures for determining that a vessel is abandoned for the purposes of subchapter II of chapter 47 of title 46, United States Code (as added by this section). (c) Conforming amendments Chapter 47 of title 46, United States Code, is amended— (1) in section 4701— (A) in the matter preceding paragraph (1) by striking chapter and inserting subchapter ; and (B) in paragraph (2) by striking chapter and inserting subchapter ; (2) in section 4703 by striking chapter and inserting subchapter ; (3) in section 4704 by striking chapter each place it appears and inserting subchapter ; and (4) in section 4705 by striking chapter and inserting subchapter. (d) Clerical amendments The analysis for chapter 47 of title 46, United States Code, is amended— (1) by inserting before the item relating to section 4701 the following: Subchapter I—Barges ; and (2) by adding at the end the following: Subchapter II—Vessels 4710. Definitions. 4711. Abandonment of vessels prohibited. 4712. Inventory of abandoned vessels.. 4710. Definitions In this subchapter: (1) Abandon The term abandon means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days. (2) Covered vessel The term covered vessel means a vessel that is not a barge to which subchapter I applies. (3) Indian tribe The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). 4711. Abandonment of vessels prohibited (a) In general An owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States. (b) Determination of abandonment (1) Notification (A) In general With respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall— (i) attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and (ii) notify such owner— (I) of the penalty described in subsection (c); and (II) that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel. (B) Form The Commandant shall provide the notice required under subparagraph (A)— (i) if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or (ii) if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard. (2) Determination The Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned. (c) Penalty (1) In general The Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a). (2) Liability in rem The owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1). (d) Vessels not abandoned The Commandant may not determine that a covered vessel is abandoned under this section if— (1) such vessel is located at a federally approved or State approved mooring area or anchorage; (2) such vessel is located on private property with the permission of the owner of such property; (3) the owner or operator of such vessel provides a notification to the Commandant that— (A) indicates the location of the vessel; (B) indicates that the vessel is not abandoned; and (C) contains documentation proving that the vessel is allowed to be in such location; or (4) the Commandant determines that such an abandonment determination would not be in the public interest. 4712. Inventory of abandoned vessels (a) In general Not later than 1 year after the date of enactment of this section, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned. (b) Contents The inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel. (c) Publication The Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard. (d) Reporting of potentially abandoned vessels In carrying out this section, the Commandant shall develop a process by which— (1) a State, Indian Tribe, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a); and (2) the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711. 3. Oil and hazardous substance removal The removal and disposal of an abandoned vessel under the direction of an on-scene coordinator appointed under the National Contingency Plan developed under section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 ) shall be deemed to be a removal action under such section for purposes of section 9509 of the Internal Revenue Code of 1986. 4. Uses of oil spill liability trust fund (a) In general Section 1012(a) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a) ) is amended— (1) in paragraph (4), by striking and at the end; (2) in paragraph (5)(D), by striking the period and inserting ; and ; and (3) by adding at the end the following: (6) the payment of costs associated with the collection and disposal of an abandoned vessel, including a derelict vessel, by the President if— (A) such collection and disposal is determined to be in the public interest by the Federal Government, a State, or an Indian tribe; and (B) a determination that the vessel is abandoned is made by the Commandant of the Coast Guard in accordance with section 4711 of title 46, United States Code.. (b) Costs of collection and disposal of abandoned or derelict vessels (1) Cumulative costs The cumulative cost for the collection and disposal of abandoned vessels, including derelict vessels, described in section 1012(a)(6) of the Oil Pollution Act of 1990 (as added by subsection (a)) in a calendar year shall be deemed to be a single incident for purposes of section 9509 of the Internal Revenue Code of 1986. (2) Liability The owner of any abandoned vessel, including a derelict vessel, collected and disposed of using funds from the Oil Spill Liability Trust Fund pursuant to section 1012(a)(6) of the Oil Pollution Act of 1990 (as added by subsection (a)) shall be liable to the United States for the costs of such collection and disposal and such costs shall be deemed to be amounts described in section 9509(b)(2) of the Internal Revenue Code. (c) Conforming amendment Section 9509(f) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end , except with respect to section 1012(a)(6) of the Oil Pollution Act of 1990. 5. Requirements for purchasing federally auctioned vessels (a) In general Chapter 571 of title 46, United States Code, is amended by adding at the end the following: 57112. Requirements for purchasing federally auctioned vessels (a) In general To be eligible to purchase a covered vessel from the Federal Government, a person shall provide proof of— (1) liability insurance for the operator of such covered vessel; (2) proof of financial resources sufficient to cover maintenance costs of such covered vessel; and (3) with respect to a covered vessel requiring documentation under chapter 121, an admiralty bond or stipulation. (b) Definition In this section, the term covered vessel means— (1) a government-owned vessel disposed of in accordance with this part and section 548 of title 40; (2) a vessel seized or forfeited pursuant to any law, and auctioned by the Federal Government, including a vessel seized or forfeited pursuant to section 7301 or 7302 of the Internal Revenue Code of 1986; and (3) a fishing vessel seized or forfeited pursuant to section 310 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1860 ).. (b) Clerical amendment The analysis for chapter 571 of title 46, United States Code, is amended by adding at the end the following: 57112. Requirements for purchasing federally auctioned vessels.. 57112. Requirements for purchasing federally auctioned vessels (a) In general To be eligible to purchase a covered vessel from the Federal Government, a person shall provide proof of— (1) liability insurance for the operator of such covered vessel; (2) proof of financial resources sufficient to cover maintenance costs of such covered vessel; and (3) with respect to a covered vessel requiring documentation under chapter 121, an admiralty bond or stipulation. (b) Definition In this section, the term covered vessel means— (1) a government-owned vessel disposed of in accordance with this part and section 548 of title 40; (2) a vessel seized or forfeited pursuant to any law, and auctioned by the Federal Government, including a vessel seized or forfeited pursuant to section 7301 or 7302 of the Internal Revenue Code of 1986; and (3) a fishing vessel seized or forfeited pursuant to section 310 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1860 ). 6. Removal of obstructive or abandoned vessels (a) In general Section 19 of the River and Harbor Act of March 3, 1899 ( 33 U.S.C. 414 ), is amended— (1) by striking by striking Sec. 19. (a) That whenever and inserting the following: 19. Vessel removal by secretary of the army (a) Removal of obstructive vessels (1) In general That whenever ; (2) in subsection (b)— (A) by striking described in this section and inserting described in this subsection ; and (B) by striking under subsection (a) and inserting under paragraph (1) ; (3) by striking (b) The owner and inserting the following: (2) Liability of owner, lessee, or operator The owner ; and (4) by adding at the end the following: (b) Removal of abandoned vessel (1) In general The Secretary of the Army is authorized to remove from the waters of the United States any abandoned vessel or any vessel under the control of the United States by reason of seizure or forfeiture pursuant to any law, that does not obstruct the navigation of such waters, if— (A) such removal is determined to be in the public interest by the Federal Government, a State, or an Indian tribe; and (B) in the case of a vessel that is not under the control of the United States by reason of seizure or forfeiture, the Commandant of the Coast Guard makes a determination that the vessel is abandoned in accordance with section 4711 of title 46, United States Code. (2) Interagency agreements In removing a vessel under this section that is under the control of the United States by reason of seizure or forfeiture, the Secretary shall enter into an interagency agreement with the head of the Federal department, agency, or instrumentality that has control of such vessel. (3) Liability The owner of any vessel described in paragraph (1) that is not under the control of the United States by reason of seizure or forfeiture shall be liable to the United States for the costs of removal and disposal of such vessel.. (b) Conforming amendment Section 1115 of the Water Resources Development Act of 1986 (100 Stat. 4235; 102 Stat. 4026) is repealed. 19. Vessel removal by secretary of the army (a) Removal of obstructive vessels (1) In general That whenever
16,525
[ "Ways and Means Committee", "Armed Services Committee", "Transportation and Infrastructure Committee" ]
118hr7509ih
118
hr
7,509
ih
To limit resettlement in certain States or localities.
[ { "text": "1. Short title \nThis Act may be cited as the Community Assent for Refugee Entry Act or the CARE Act.", "id": "H8991CCEDBDC446B38451A559F3ED8CA4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitation on refugee resettlement \nSection 412 of the Immigration and Nationality Act ( 8 U.S.C. 1522 ) is amended by adding at the end the following: (g) Limitation on resettlement \nNotwithstanding any other provision of this section, for a fiscal year, the resettlement of any refugee may not be provided for— (1) in any State where the Governor of that State, or the State legislature, has taken any action formally disapproving of resettlement in that State; or (2) in any locality where the chief executive of that locality’s government, or the local legislature, has taken any action formally disapproving of resettlement in that locality..", "id": "HAA624E56508246BEB5D9152600DC56CF", "header": "Limitation on refugee resettlement", "nested": [], "links": [ { "text": "8 U.S.C. 1522", "legal-doc": "usc", "parsable-cite": "usc/8/1522" } ] } ]
2
1. Short title This Act may be cited as the Community Assent for Refugee Entry Act or the CARE Act. 2. Limitation on refugee resettlement Section 412 of the Immigration and Nationality Act ( 8 U.S.C. 1522 ) is amended by adding at the end the following: (g) Limitation on resettlement Notwithstanding any other provision of this section, for a fiscal year, the resettlement of any refugee may not be provided for— (1) in any State where the Governor of that State, or the State legislature, has taken any action formally disapproving of resettlement in that State; or (2) in any locality where the chief executive of that locality’s government, or the local legislature, has taken any action formally disapproving of resettlement in that locality..
751
[ "Judiciary Committee" ]
118hr3828ih
118
hr
3,828
ih
To designate the facility of the United States Postal Service located at 80 Prospect Street in Avon, New York, as the Officer Anthony Mazurkiewicz Memorial Post Office Building.
[ { "text": "1. Officer Anthony Mazurkiewicz Memorial Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 80 Prospect Street in Avon, New York, shall be known and designated as the Officer Anthony Mazurkiewicz Memorial Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Officer Anthony Mazurkiewicz Memorial Post Office Building.", "id": "HD362E2BB6811424C885B77E7B3BE9E64", "header": "Officer Anthony Mazurkiewicz Memorial Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 80 Prospect Street in Avon, New York, shall be known and designated as the Officer Anthony Mazurkiewicz Memorial Post Office Building.", "id": "HE2764EEC2CD449E99BEFC4CA0837A7A1", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Officer Anthony Mazurkiewicz Memorial Post Office Building.", "id": "H3F4B55DFCB06495BBB782E253ED43892", "header": "References", "nested": [], "links": [] } ], "links": [] } ]
1
1. Officer Anthony Mazurkiewicz Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 80 Prospect Street in Avon, New York, shall be known and designated as the Officer Anthony Mazurkiewicz Memorial Post Office Building. (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Officer Anthony Mazurkiewicz Memorial Post Office Building.
532
[ "Oversight and Accountability Committee" ]
118hr5144ih
118
hr
5,144
ih
To prohibit officers, employees, and elected officials of the Federal Government from having, establishing, maintaining official accounts on Tik Tok, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Government Off TikTok Act or the GOT Act.", "id": "H21FB4992308D423DB428C0952E99C12B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on officers, employees, and elected officials of the Federal Government having, establishing, maintaining official accounts on Tik Tok \n(a) Sense of Congress \nIt is the sense of Congress that— (1) Tik Tok is a proven national security threat to the United States and allies of the United States; and (2) United States officials should not be posting about official government business because of the threat that the Chinese Communist Party poses. (b) Prohibition \nNo officer, employee, or elected official of the executive, legislative, or judicial branch of the Federal Government may have, establish, obtain, or maintain a Government, Politician, or Political Party Account on Tik Tok, or any equivalent account provided by— (1) ByteDance limited; or (2) any entity owned by ByteDance limited. (c) Rule of construction \nNothing in this section may be construed as affecting any standard or guideline developed pursuant to division R of the Consolidated Appropriations Act of 2023 ( Public Law 117–328 ).", "id": "HA94B9DF0D4924D80B7D016E0C1A1E2EA", "header": "Prohibition on officers, employees, and elected officials of the Federal Government having, establishing, maintaining official accounts on Tik Tok", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that— (1) Tik Tok is a proven national security threat to the United States and allies of the United States; and (2) United States officials should not be posting about official government business because of the threat that the Chinese Communist Party poses.", "id": "H49850AEA0FA141848C13F62D8134E5B6", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Prohibition \nNo officer, employee, or elected official of the executive, legislative, or judicial branch of the Federal Government may have, establish, obtain, or maintain a Government, Politician, or Political Party Account on Tik Tok, or any equivalent account provided by— (1) ByteDance limited; or (2) any entity owned by ByteDance limited.", "id": "H22F36E6CA75C4928A25D0CC93A062A1D", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(c) Rule of construction \nNothing in this section may be construed as affecting any standard or guideline developed pursuant to division R of the Consolidated Appropriations Act of 2023 ( Public Law 117–328 ).", "id": "HA2C2613F2A274AC8AE47A92E3DFE8491", "header": "Rule of construction", "nested": [], "links": [ { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] } ], "links": [ { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] } ]
2
1. Short title This Act may be cited as the Government Off TikTok Act or the GOT Act. 2. Prohibition on officers, employees, and elected officials of the Federal Government having, establishing, maintaining official accounts on Tik Tok (a) Sense of Congress It is the sense of Congress that— (1) Tik Tok is a proven national security threat to the United States and allies of the United States; and (2) United States officials should not be posting about official government business because of the threat that the Chinese Communist Party poses. (b) Prohibition No officer, employee, or elected official of the executive, legislative, or judicial branch of the Federal Government may have, establish, obtain, or maintain a Government, Politician, or Political Party Account on Tik Tok, or any equivalent account provided by— (1) ByteDance limited; or (2) any entity owned by ByteDance limited. (c) Rule of construction Nothing in this section may be construed as affecting any standard or guideline developed pursuant to division R of the Consolidated Appropriations Act of 2023 ( Public Law 117–328 ).
1,107
[ "Judiciary Committee", "Committee on House Administration", "Oversight and Accountability Committee" ]
118hr5738ih
118
hr
5,738
ih
To amend title 10, United States Code, to direct the Secretary concerned to pay, rather than provide reimbursement, for the transportation of certain remains to two locations if the second location is a national cemetery.
[ { "text": "1. Short title \nThis Act may be cited as the Abbey Gate Gold Star Families Dignified Transport Act.", "id": "HFDF03C94E1E9499EA25134DBB9DF335D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Payment instead of reimbursement for the transportation of certain remains to two locations if the second location is a national cemetery \nSection 1482(a)(8)(B) of title 10, United States Code, is amended by striking the second sentence.", "id": "H19C875D2F52E431EA928083D81A423C4", "header": "Payment instead of reimbursement for the transportation of certain remains to two locations if the second location is a national cemetery", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Abbey Gate Gold Star Families Dignified Transport Act. 2. Payment instead of reimbursement for the transportation of certain remains to two locations if the second location is a national cemetery Section 1482(a)(8)(B) of title 10, United States Code, is amended by striking the second sentence.
340
[ "Armed Services Committee" ]
118hr3744ih
118
hr
3,744
ih
To amend title 49, United States Code, to provide housing for students enrolled in an accredited avionic program.
[ { "text": "1. Short title \nThis Act may be cited as the Avionic Students Housing Act.", "id": "HBBB18C54F16845F4A15A72AD0BECA448", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Avionic student housing \n(a) In general \nChapter 401 of title 49, United States Code, is amended by adding at the end the following: 40131. Avionic student housing at airports \n(a) Housing \nAn airport, airport authority, airport sponsor, school or other airport operator may provide housing for students enrolled in an accredited avionic program, on the non-aeronautical area grounds of an airport. Such housing may be for a term of 12 months, renewable to a total duration of the lesser of— (1) 36 months; or (2) completion of the avionic program. (b) Avionic program defined \nIn this section, the term avionic program means a program leading to a degree, certification or qualifications for a career as a pilot, mechanic, air traffic controller, airline support personnel, or other avionics-related field.. (b) Clerical amendment \nThe analysis for chapter 401 of title 49, United States Code, is amended by adding at the end the following: 40131. Avionic student housing at airports..", "id": "H886D983D3382453D9E3AD515756E16A4", "header": "Avionic student housing", "nested": [ { "text": "(a) In general \nChapter 401 of title 49, United States Code, is amended by adding at the end the following: 40131. Avionic student housing at airports \n(a) Housing \nAn airport, airport authority, airport sponsor, school or other airport operator may provide housing for students enrolled in an accredited avionic program, on the non-aeronautical area grounds of an airport. Such housing may be for a term of 12 months, renewable to a total duration of the lesser of— (1) 36 months; or (2) completion of the avionic program. (b) Avionic program defined \nIn this section, the term avionic program means a program leading to a degree, certification or qualifications for a career as a pilot, mechanic, air traffic controller, airline support personnel, or other avionics-related field..", "id": "HA5248AF774BB45EA901DC517F3A7B03A", "header": "In general", "nested": [], "links": [ { "text": "Chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 401 of title 49, United States Code, is amended by adding at the end the following: 40131. Avionic student housing at airports..", "id": "H8C75CCFAE3A14D0281474353A07AFA63", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" } ] } ], "links": [ { "text": "Chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" }, { "text": "chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" } ] }, { "text": "40131. Avionic student housing at airports \n(a) Housing \nAn airport, airport authority, airport sponsor, school or other airport operator may provide housing for students enrolled in an accredited avionic program, on the non-aeronautical area grounds of an airport. Such housing may be for a term of 12 months, renewable to a total duration of the lesser of— (1) 36 months; or (2) completion of the avionic program. (b) Avionic program defined \nIn this section, the term avionic program means a program leading to a degree, certification or qualifications for a career as a pilot, mechanic, air traffic controller, airline support personnel, or other avionics-related field.", "id": "HF3353CD0F1AA42BB80D262A49C730711", "header": "Avionic student housing at airports", "nested": [ { "text": "(a) Housing \nAn airport, airport authority, airport sponsor, school or other airport operator may provide housing for students enrolled in an accredited avionic program, on the non-aeronautical area grounds of an airport. Such housing may be for a term of 12 months, renewable to a total duration of the lesser of— (1) 36 months; or (2) completion of the avionic program.", "id": "H367FA856470F4D95865E1641AB3E5AAD", "header": "Housing", "nested": [], "links": [] }, { "text": "(b) Avionic program defined \nIn this section, the term avionic program means a program leading to a degree, certification or qualifications for a career as a pilot, mechanic, air traffic controller, airline support personnel, or other avionics-related field.", "id": "HFFF375E23C414C51A7AFFCC269D4036A", "header": "Avionic program defined", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Avionic Students Housing Act. 2. Avionic student housing (a) In general Chapter 401 of title 49, United States Code, is amended by adding at the end the following: 40131. Avionic student housing at airports (a) Housing An airport, airport authority, airport sponsor, school or other airport operator may provide housing for students enrolled in an accredited avionic program, on the non-aeronautical area grounds of an airport. Such housing may be for a term of 12 months, renewable to a total duration of the lesser of— (1) 36 months; or (2) completion of the avionic program. (b) Avionic program defined In this section, the term avionic program means a program leading to a degree, certification or qualifications for a career as a pilot, mechanic, air traffic controller, airline support personnel, or other avionics-related field.. (b) Clerical amendment The analysis for chapter 401 of title 49, United States Code, is amended by adding at the end the following: 40131. Avionic student housing at airports.. 40131. Avionic student housing at airports (a) Housing An airport, airport authority, airport sponsor, school or other airport operator may provide housing for students enrolled in an accredited avionic program, on the non-aeronautical area grounds of an airport. Such housing may be for a term of 12 months, renewable to a total duration of the lesser of— (1) 36 months; or (2) completion of the avionic program. (b) Avionic program defined In this section, the term avionic program means a program leading to a degree, certification or qualifications for a career as a pilot, mechanic, air traffic controller, airline support personnel, or other avionics-related field.
1,739
[ "Transportation and Infrastructure Committee" ]
118hr4574ih
118
hr
4,574
ih
To direct the Secretary of Homeland Security to enhance border security by seeking to expand partnerships with appropriate law enforcement entities in Mexico and Central American and South American countries to combat human smuggling and trafficking operations in Mexico and such countries, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Cooperation on Combatting Human Smuggling and Trafficking Act.", "id": "H984B86342FEB47BBB4A47D9B0005026F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. DHS partnerships to combat human smuggling and trafficking \n(a) In General \nThe Secretary of Homeland Security, in coordination with appropriate Federal partners, shall enhance border security by seeking to expand partnerships with appropriate law enforcement entities in Mexico and Central American and South American countries to combat human smuggling and trafficking operations in Mexico and such countries, including through the following: (1) The establishment or expansion of cross-border transnational criminal investigative units to identify, disrupt, and support the prosecution of human smuggling and trafficking operations. (2) Enhanced participation in the Bilateral Human Trafficking Enforcement Initiative or successor initiative. (3) Advanced training for certain investigators and prosecutors from Mexico and such countries. (b) Investigation and Prosecution of Human Smuggling and Trafficking \nThe Secretary of Homeland Security shall seek to expand collaborative programs involving Homeland Security Investigations that are aimed at supporting the investigation and prosecution of human smugglers and traffickers targeting children and families that pose border security threats and operate at the southern land border of the United States, including the continuation and expansion of anti-trafficking coordination teams. (c) Information Campaign to Deter Migration \n(1) In general \nThe Secretary of Homeland Security shall carry out targeted public information campaigns to inform targeted migrant populations within Mexico, Central America, South America, and certain other countries with high migration rates regarding the dangers of travel across Mexico to the United States. Such campaigns shall combat misinformation and disinformation by transnational criminal organizations and other nefarious actors regarding United States laws or policies. (2) Specifications \nThe information campaigns implemented pursuant to paragraph (1) shall, to the greatest extent possible— (A) be targeted at populations and localities with high migration rates; (B) employ a variety of communications media; and (C) be developed in consultation with appropriate program officials of the Department of State and, as appropriate, Mexican, Central American, South American, and other appropriate foreign governments, nonprofit or academic entities, and representatives acting on behalf of targeted migrant populations, including repatriated migrants.", "id": "HAA8CFBA210AA4B8FA2075998C732ADAC", "header": "DHS partnerships to combat human smuggling and trafficking", "nested": [ { "text": "(a) In General \nThe Secretary of Homeland Security, in coordination with appropriate Federal partners, shall enhance border security by seeking to expand partnerships with appropriate law enforcement entities in Mexico and Central American and South American countries to combat human smuggling and trafficking operations in Mexico and such countries, including through the following: (1) The establishment or expansion of cross-border transnational criminal investigative units to identify, disrupt, and support the prosecution of human smuggling and trafficking operations. (2) Enhanced participation in the Bilateral Human Trafficking Enforcement Initiative or successor initiative. (3) Advanced training for certain investigators and prosecutors from Mexico and such countries.", "id": "HD9D8723157F142C89639DFEB685BB71F", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Investigation and Prosecution of Human Smuggling and Trafficking \nThe Secretary of Homeland Security shall seek to expand collaborative programs involving Homeland Security Investigations that are aimed at supporting the investigation and prosecution of human smugglers and traffickers targeting children and families that pose border security threats and operate at the southern land border of the United States, including the continuation and expansion of anti-trafficking coordination teams.", "id": "H2E4102273573490FBBFA26201FE0D971", "header": "Investigation and Prosecution of Human Smuggling and Trafficking", "nested": [], "links": [] }, { "text": "(c) Information Campaign to Deter Migration \n(1) In general \nThe Secretary of Homeland Security shall carry out targeted public information campaigns to inform targeted migrant populations within Mexico, Central America, South America, and certain other countries with high migration rates regarding the dangers of travel across Mexico to the United States. Such campaigns shall combat misinformation and disinformation by transnational criminal organizations and other nefarious actors regarding United States laws or policies. (2) Specifications \nThe information campaigns implemented pursuant to paragraph (1) shall, to the greatest extent possible— (A) be targeted at populations and localities with high migration rates; (B) employ a variety of communications media; and (C) be developed in consultation with appropriate program officials of the Department of State and, as appropriate, Mexican, Central American, South American, and other appropriate foreign governments, nonprofit or academic entities, and representatives acting on behalf of targeted migrant populations, including repatriated migrants.", "id": "H619D6B30BFD6409487CF14EB56DE7953", "header": "Information Campaign to Deter Migration", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Cooperation on Combatting Human Smuggling and Trafficking Act. 2. DHS partnerships to combat human smuggling and trafficking (a) In General The Secretary of Homeland Security, in coordination with appropriate Federal partners, shall enhance border security by seeking to expand partnerships with appropriate law enforcement entities in Mexico and Central American and South American countries to combat human smuggling and trafficking operations in Mexico and such countries, including through the following: (1) The establishment or expansion of cross-border transnational criminal investigative units to identify, disrupt, and support the prosecution of human smuggling and trafficking operations. (2) Enhanced participation in the Bilateral Human Trafficking Enforcement Initiative or successor initiative. (3) Advanced training for certain investigators and prosecutors from Mexico and such countries. (b) Investigation and Prosecution of Human Smuggling and Trafficking The Secretary of Homeland Security shall seek to expand collaborative programs involving Homeland Security Investigations that are aimed at supporting the investigation and prosecution of human smugglers and traffickers targeting children and families that pose border security threats and operate at the southern land border of the United States, including the continuation and expansion of anti-trafficking coordination teams. (c) Information Campaign to Deter Migration (1) In general The Secretary of Homeland Security shall carry out targeted public information campaigns to inform targeted migrant populations within Mexico, Central America, South America, and certain other countries with high migration rates regarding the dangers of travel across Mexico to the United States. Such campaigns shall combat misinformation and disinformation by transnational criminal organizations and other nefarious actors regarding United States laws or policies. (2) Specifications The information campaigns implemented pursuant to paragraph (1) shall, to the greatest extent possible— (A) be targeted at populations and localities with high migration rates; (B) employ a variety of communications media; and (C) be developed in consultation with appropriate program officials of the Department of State and, as appropriate, Mexican, Central American, South American, and other appropriate foreign governments, nonprofit or academic entities, and representatives acting on behalf of targeted migrant populations, including repatriated migrants.
2,563
[ "Homeland Security Committee", "Judiciary Committee", "Foreign Affairs Committee" ]
118hr2746ih
118
hr
2,746
ih
To provide for the closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado.
[ { "text": "1. Short title \nThis Act may be cited as the Pueblo Jobs Act.", "id": "HD165D64656A64E45B581BCA212740063", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado \n(a) In general \nThe Secretary of the Army shall close Pueblo Chemical Depot in Pueblo County, Colorado (in this section referred to as the Depot ), not later than one year after the completion of the chemical demilitarization mission in such location in accordance with the Chemical Weapons Convention Treaty. (b) Procedures \nThe Secretary of the Army shall carry out the closure and subsequent related property management and disposal of the Depot, including the land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property that comprise the Chemical Agent-Destruction Pilot Plant, in accordance with the procedures and authorities for the closure, management, and disposal of property under the Defense Base Closure and Realignment Act of 1990, as amended (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note). (c) Office of local defense community cooperation activities \nThe Office of Local Defense Community Cooperation of the Department of Defense may make grants and supplement other Federal funds pursuant to section 2391 of title 10, United States Code, to support closure and reuse activities of the Depot. (d) Treatment of existing permits \nNothing in this section shall be construed to prevent the removal or demolition by the Program Executive Office, Assembled Chemical Weapons Alternatives of the Department of the Army of existing buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property of the Chemical Agent-Destruction Pilot Plant at the Depot in accordance with the existing Hazardous Waste Permit Number CO–20–09–02–01 under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) (commonly known as the Resource Conservation and Recovery Act of 1976) issued by the State of Colorado, or any associated or follow-on permits under such Act. (e) Homeless use \nGiven the nature of activities undertaken at the Chemical Agent-Destruction Pilot Plant at the Depot, such land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property comprising the Chemical Agent-Destruction Pilot Plant is deemed unsuitable for homeless use, and in carrying out any closure, management, or disposal of property under this section, need not be screened for homeless use purposes pursuant to Section 2905(b)(7) of the Defense Base Closure and Realignment Act of 1990, as amended (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note).", "id": "HD82A57C2DCD1440F896B5B13286958E1", "header": "Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado", "nested": [ { "text": "(a) In general \nThe Secretary of the Army shall close Pueblo Chemical Depot in Pueblo County, Colorado (in this section referred to as the Depot ), not later than one year after the completion of the chemical demilitarization mission in such location in accordance with the Chemical Weapons Convention Treaty.", "id": "HB7D7835D4B8449C3A7A8C6947A6B984F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Procedures \nThe Secretary of the Army shall carry out the closure and subsequent related property management and disposal of the Depot, including the land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property that comprise the Chemical Agent-Destruction Pilot Plant, in accordance with the procedures and authorities for the closure, management, and disposal of property under the Defense Base Closure and Realignment Act of 1990, as amended (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note).", "id": "HDFAA9F67B94B4BF48A227C020C09BBA5", "header": "Procedures", "nested": [], "links": [ { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" } ] }, { "text": "(c) Office of local defense community cooperation activities \nThe Office of Local Defense Community Cooperation of the Department of Defense may make grants and supplement other Federal funds pursuant to section 2391 of title 10, United States Code, to support closure and reuse activities of the Depot.", "id": "HD200851DBB314B3E88DCD6F18045014A", "header": "Office of local defense community cooperation activities", "nested": [], "links": [] }, { "text": "(d) Treatment of existing permits \nNothing in this section shall be construed to prevent the removal or demolition by the Program Executive Office, Assembled Chemical Weapons Alternatives of the Department of the Army of existing buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property of the Chemical Agent-Destruction Pilot Plant at the Depot in accordance with the existing Hazardous Waste Permit Number CO–20–09–02–01 under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) (commonly known as the Resource Conservation and Recovery Act of 1976) issued by the State of Colorado, or any associated or follow-on permits under such Act.", "id": "H2E2A124F72F04BD9A9407364BB04FED9", "header": "Treatment of existing permits", "nested": [], "links": [ { "text": "42 U.S.C. 6901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6901" } ] }, { "text": "(e) Homeless use \nGiven the nature of activities undertaken at the Chemical Agent-Destruction Pilot Plant at the Depot, such land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property comprising the Chemical Agent-Destruction Pilot Plant is deemed unsuitable for homeless use, and in carrying out any closure, management, or disposal of property under this section, need not be screened for homeless use purposes pursuant to Section 2905(b)(7) of the Defense Base Closure and Realignment Act of 1990, as amended (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note).", "id": "HF69A992B591C41EDB6176B40DFC77729", "header": "Homeless use", "nested": [], "links": [ { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" } ] } ], "links": [ { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" }, { "text": "42 U.S.C. 6901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6901" }, { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" } ] } ]
2
1. Short title This Act may be cited as the Pueblo Jobs Act. 2. Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado (a) In general The Secretary of the Army shall close Pueblo Chemical Depot in Pueblo County, Colorado (in this section referred to as the Depot ), not later than one year after the completion of the chemical demilitarization mission in such location in accordance with the Chemical Weapons Convention Treaty. (b) Procedures The Secretary of the Army shall carry out the closure and subsequent related property management and disposal of the Depot, including the land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property that comprise the Chemical Agent-Destruction Pilot Plant, in accordance with the procedures and authorities for the closure, management, and disposal of property under the Defense Base Closure and Realignment Act of 1990, as amended (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note). (c) Office of local defense community cooperation activities The Office of Local Defense Community Cooperation of the Department of Defense may make grants and supplement other Federal funds pursuant to section 2391 of title 10, United States Code, to support closure and reuse activities of the Depot. (d) Treatment of existing permits Nothing in this section shall be construed to prevent the removal or demolition by the Program Executive Office, Assembled Chemical Weapons Alternatives of the Department of the Army of existing buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property of the Chemical Agent-Destruction Pilot Plant at the Depot in accordance with the existing Hazardous Waste Permit Number CO–20–09–02–01 under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) (commonly known as the Resource Conservation and Recovery Act of 1976) issued by the State of Colorado, or any associated or follow-on permits under such Act. (e) Homeless use Given the nature of activities undertaken at the Chemical Agent-Destruction Pilot Plant at the Depot, such land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property comprising the Chemical Agent-Destruction Pilot Plant is deemed unsuitable for homeless use, and in carrying out any closure, management, or disposal of property under this section, need not be screened for homeless use purposes pursuant to Section 2905(b)(7) of the Defense Base Closure and Realignment Act of 1990, as amended (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note).
2,683
[ "Armed Services Committee" ]
118hr965ih
118
hr
965
ih
To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to provide research and extension grants to combat plant pests and noxious weeds that impact coffee plants, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Coffee Plant Health Initiative Amendments Act.", "id": "H731CC8792C204B82888027B2C684E0F2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Coffee 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 striking paragraph (9) and inserting the following: (9) Coffee plant health initiative \n(A) In general \nResearch and extension grants may be made under this section for the purposes of— (i) developing and disseminating science-based tools and treatments to combat plant pests and noxious weeds that impact coffee plants; (ii) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, plant pests or noxious weeds that impact coffee plants; (iii) surveying and collecting data on coffee plant production and health; (iv) investigating coffee plant biology, immunology, ecology, genomics, and bioinformatics; and (v) conducting research on— (I) factors that may contribute to or be associated with coffee plant immune systems; (II) other serious threats to coffee plants, including the sublethal effects of insecticides, herbicides, and fungicides on insects and plants beneficial to coffee plant growth; and (III) the development of mitigating and preventative measures to improve habitat conservation and best management practices in coffee-growing regions. (B) Definition of noxious weed; plant pest \nIn this paragraph, the terms noxious weed and plant pest have the meanings given those terms in section 403 of the Plant Protection Act ( 7 U.S.C. 7702 ).. (b) Authorization of appropriations \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 2035.", "id": "H2DFE41705D5F4FA9994B8E11CBCAC69C", "header": "Coffee 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 striking paragraph (9) and inserting the following: (9) Coffee plant health initiative \n(A) In general \nResearch and extension grants may be made under this section for the purposes of— (i) developing and disseminating science-based tools and treatments to combat plant pests and noxious weeds that impact coffee plants; (ii) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, plant pests or noxious weeds that impact coffee plants; (iii) surveying and collecting data on coffee plant production and health; (iv) investigating coffee plant biology, immunology, ecology, genomics, and bioinformatics; and (v) conducting research on— (I) factors that may contribute to or be associated with coffee plant immune systems; (II) other serious threats to coffee plants, including the sublethal effects of insecticides, herbicides, and fungicides on insects and plants beneficial to coffee plant growth; and (III) the development of mitigating and preventative measures to improve habitat conservation and best management practices in coffee-growing regions. (B) Definition of noxious weed; plant pest \nIn this paragraph, the terms noxious weed and plant pest have the meanings given those terms in section 403 of the Plant Protection Act ( 7 U.S.C. 7702 )..", "id": "H42220F3BA7F24174BFB95DF2FABEF909", "header": "In general", "nested": [], "links": [ { "text": "7 U.S.C. 5925(d)", "legal-doc": "usc", "parsable-cite": "usc/7/5925" }, { "text": "7 U.S.C. 7702", "legal-doc": "usc", "parsable-cite": "usc/7/7702" } ] }, { "text": "(b) Authorization of appropriations \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 2035.", "id": "HD1932272F7EF4F7D93E693B63FA1896C", "header": "Authorization of appropriations", "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. 7702", "legal-doc": "usc", "parsable-cite": "usc/7/7702" }, { "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 Coffee Plant Health Initiative Amendments Act. 2. Coffee 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 striking paragraph (9) and inserting the following: (9) Coffee plant health initiative (A) In general Research and extension grants may be made under this section for the purposes of— (i) developing and disseminating science-based tools and treatments to combat plant pests and noxious weeds that impact coffee plants; (ii) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, plant pests or noxious weeds that impact coffee plants; (iii) surveying and collecting data on coffee plant production and health; (iv) investigating coffee plant biology, immunology, ecology, genomics, and bioinformatics; and (v) conducting research on— (I) factors that may contribute to or be associated with coffee plant immune systems; (II) other serious threats to coffee plants, including the sublethal effects of insecticides, herbicides, and fungicides on insects and plants beneficial to coffee plant growth; and (III) the development of mitigating and preventative measures to improve habitat conservation and best management practices in coffee-growing regions. (B) Definition of noxious weed; plant pest In this paragraph, the terms noxious weed and plant pest have the meanings given those terms in section 403 of the Plant Protection Act ( 7 U.S.C. 7702 ).. (b) Authorization of appropriations 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 2035.
1,760
[ "Agriculture Committee" ]
118hr723ih
118
hr
723
ih
To amend the Food and Nutrition Act of 2008 to require States to include a photograph on electronic benefit cards issued to provide supplemental nutrition assistance program benefits.
[ { "text": "1. Short title \nThis Act may be cited as the ID for EBT Act of 2023.", "id": "H1B99896BFA86452DADC0E34FE699D4BE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments \nSection 7(h)(9) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(9) ) is amended— (1) in the heading by striking Optional and inserting Mandatory ; (2) in subparagraph (A) by striking may and inserting shall ; and (3) in subparagraph (B) by striking If and all that follows through (A), the and inserting The.", "id": "H2219202A38A74A61BFA641EA7BD7F991", "header": "Amendments", "nested": [], "links": [ { "text": "7 U.S.C. 2016(h)(9)", "legal-doc": "usc", "parsable-cite": "usc/7/2016" } ] }, { "text": "3. Effective date \nThis Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.", "id": "HDA92E71D8E5F4BE981EDD1FF633E6432", "header": "Effective date", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the ID for EBT Act of 2023. 2. Amendments Section 7(h)(9) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(9) ) is amended— (1) in the heading by striking Optional and inserting Mandatory ; (2) in subparagraph (A) by striking may and inserting shall ; and (3) in subparagraph (B) by striking If and all that follows through (A), the and inserting The. 3. Effective date This Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.
537
[ "Agriculture Committee" ]
118hr7688ih
118
hr
7,688
ih
To amend the Public Health Service Act to reauthorize the Project ECHO Grant Program, to establish grants under such program to disseminate knowledge and build capacity to address Alzheimer’s disease and other dementias, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Accelerating Access to Dementia and Alzheimer’s Provider Training Act or the AADAPT Act.", "id": "H2343D32155664A4A947131D7560F575F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reauthorization of Project ECHO Grant Program; Project ECHO grants for Alzheimer’s disease and related dementia care \n(a) Definitions \nSection 330N(a)(1) of the Public Health Service Act ( 42 U.S.C. 254c–20(a)(1) ) is amended to read as follows: (1) Eligible entity \nThe term eligible entity means— (A) in the case of a grant under subsection (b)(1), an entity that provides, or supports the provision of, health care services in rural areas, frontier areas, health professional shortage areas, or medically underserved areas, or to medically underserved populations or Native Americans, including Indian Tribes, Tribal organizations, and urban Indian organizations, and which may include entities leading, or capable of leading, a technology-enabled collaborative learning and capacity building model or engaging in technology-enabled collaborative training of participants in such model; and (B) in the case of a grant under subsection (b)(2), a public or nonprofit private entity that is leading, or is capable of leading, a model described in subsection (b)(2)(A) for Alzheimer’s disease and related dementias.. (b) Grants \nSection 330N(b) of the Public Health Service Act ( 42 U.S.C. 254c–20(b) ) is amended— (1) by striking Established.—The Secretary and inserting Established.— (1) In general \nThe Secretary ; and (2) by adding at the end the following: (2) Project ECHO grants for Alzheimer’s disease and related dementia care \n(A) In general \nNot later than 1 year after the date of enactment of this paragraph, the Secretary shall award 1 or more grants to eligible entities to evaluate, develop, and, as appropriate, expand the use of technology-enabled collaborative learning and capacity building models for eligible health care professionals to improve retention of health care providers and to increase access to early and accurate diagnosis of Alzheimer’s disease and related dementias and quality dementia care. (B) Eligible health care professional defined \nIn this paragraph, the term eligible health care professional means a health care professional who— (i) provides primary care services, including such services provided— (I) in rural areas, frontier areas, health professional shortage areas, or medically underserved areas; or (II) to medically underserved populations or Native Americans; and (ii) is licensed, registered, or certified in accordance with applicable law regarding the provision of such services.. (c) Supplement not supplant \nSection 330N(f) of the Public Health Service Act ( 42 U.S.C. 254c–20(f) ) is amended to read as follows: (f) Application \nAn eligible entity that seeks to receive a grant under subsection (b) shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. Such application shall include— (1) plans to assess the effect of technology-enabled collaborative learning and capacity building models on patient outcomes and health care providers; and (2) in the case of an application submitted for a grant under subsection (b)(2), assurances that funds received under such grant shall supplement and not supplant funds received from any other source.. (d) Reports \n(1) By eligible entities \nSection 330N(e) of the Public Health Service Act ( 42 U.S.C. 254c–20(e) ) is amended— (A) in the first sentence— (i) by striking this section and inserting subsection (b)(1), and shall require entities awarded a grant under subsection (b)(2), ; and (ii) by striking subsection (b). and inserting subsection (b)(1). ; and (B) by inserting after the first sentence the following: Each entity awarded a grant under subsection (b)(2) shall submit to the Advisory Council on Alzheimer’s Research, Care, and Services a report containing such collected information.. (2) By Secretary \nSection 330N(j) of the Public Health Service Act ( 42 U.S.C. 254c–20(j) ) is amended— (A) in paragraph (2), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and adjusting the margins accordingly; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly; (C) by striking Not later than 4 years after and inserting the following: (1) In general \nNot later than 4 years after ; and (D) by adding at the end the following: (2) Update to report \nNot later than 4 years after the date of enactment of subsection (b)(2), the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and post on the internet website of the Department of Health and Human Services, an updated version of the report described in paragraph (1).. (e) Authorization of appropriations \nSection 330N(k) of the Public Health Service Act ( 42 U.S.C. 254c–20(k) ) is amended to read as follows: (k) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) other than with respect to grants under subsection (b)(2), $10,000,000 for each of fiscal years 2022 through 2031; and (2) with respect to grants under subsection (b)(2), $1,000,000 for each of fiscal years 2026 through 2031..", "id": "H3585CD22961243E5B09861A0EE013EDF", "header": "Reauthorization of Project ECHO Grant Program; Project ECHO grants for Alzheimer’s disease and related dementia care", "nested": [ { "text": "(a) Definitions \nSection 330N(a)(1) of the Public Health Service Act ( 42 U.S.C. 254c–20(a)(1) ) is amended to read as follows: (1) Eligible entity \nThe term eligible entity means— (A) in the case of a grant under subsection (b)(1), an entity that provides, or supports the provision of, health care services in rural areas, frontier areas, health professional shortage areas, or medically underserved areas, or to medically underserved populations or Native Americans, including Indian Tribes, Tribal organizations, and urban Indian organizations, and which may include entities leading, or capable of leading, a technology-enabled collaborative learning and capacity building model or engaging in technology-enabled collaborative training of participants in such model; and (B) in the case of a grant under subsection (b)(2), a public or nonprofit private entity that is leading, or is capable of leading, a model described in subsection (b)(2)(A) for Alzheimer’s disease and related dementias..", "id": "H1EC07A40991549BD9385A4DFCD1B2DCF", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 254c–20(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-20" } ] }, { "text": "(b) Grants \nSection 330N(b) of the Public Health Service Act ( 42 U.S.C. 254c–20(b) ) is amended— (1) by striking Established.—The Secretary and inserting Established.— (1) In general \nThe Secretary ; and (2) by adding at the end the following: (2) Project ECHO grants for Alzheimer’s disease and related dementia care \n(A) In general \nNot later than 1 year after the date of enactment of this paragraph, the Secretary shall award 1 or more grants to eligible entities to evaluate, develop, and, as appropriate, expand the use of technology-enabled collaborative learning and capacity building models for eligible health care professionals to improve retention of health care providers and to increase access to early and accurate diagnosis of Alzheimer’s disease and related dementias and quality dementia care. (B) Eligible health care professional defined \nIn this paragraph, the term eligible health care professional means a health care professional who— (i) provides primary care services, including such services provided— (I) in rural areas, frontier areas, health professional shortage areas, or medically underserved areas; or (II) to medically underserved populations or Native Americans; and (ii) is licensed, registered, or certified in accordance with applicable law regarding the provision of such services..", "id": "H6536FCE9497B4B9A894CED608BC851A8", "header": "Grants", "nested": [], "links": [ { "text": "42 U.S.C. 254c–20(b)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-20" } ] }, { "text": "(c) Supplement not supplant \nSection 330N(f) of the Public Health Service Act ( 42 U.S.C. 254c–20(f) ) is amended to read as follows: (f) Application \nAn eligible entity that seeks to receive a grant under subsection (b) shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. Such application shall include— (1) plans to assess the effect of technology-enabled collaborative learning and capacity building models on patient outcomes and health care providers; and (2) in the case of an application submitted for a grant under subsection (b)(2), assurances that funds received under such grant shall supplement and not supplant funds received from any other source..", "id": "HAF678140E4E047C6B9131DDC5C30CD1E", "header": "Supplement not supplant", "nested": [], "links": [ { "text": "42 U.S.C. 254c–20(f)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-20" } ] }, { "text": "(d) Reports \n(1) By eligible entities \nSection 330N(e) of the Public Health Service Act ( 42 U.S.C. 254c–20(e) ) is amended— (A) in the first sentence— (i) by striking this section and inserting subsection (b)(1), and shall require entities awarded a grant under subsection (b)(2), ; and (ii) by striking subsection (b). and inserting subsection (b)(1). ; and (B) by inserting after the first sentence the following: Each entity awarded a grant under subsection (b)(2) shall submit to the Advisory Council on Alzheimer’s Research, Care, and Services a report containing such collected information.. (2) By Secretary \nSection 330N(j) of the Public Health Service Act ( 42 U.S.C. 254c–20(j) ) is amended— (A) in paragraph (2), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and adjusting the margins accordingly; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly; (C) by striking Not later than 4 years after and inserting the following: (1) In general \nNot later than 4 years after ; and (D) by adding at the end the following: (2) Update to report \nNot later than 4 years after the date of enactment of subsection (b)(2), the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and post on the internet website of the Department of Health and Human Services, an updated version of the report described in paragraph (1)..", "id": "H19B042B59A0249B6904BE358C1B6DDAC", "header": "Reports", "nested": [], "links": [ { "text": "42 U.S.C. 254c–20(e)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-20" }, { "text": "42 U.S.C. 254c–20(j)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-20" } ] }, { "text": "(e) Authorization of appropriations \nSection 330N(k) of the Public Health Service Act ( 42 U.S.C. 254c–20(k) ) is amended to read as follows: (k) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) other than with respect to grants under subsection (b)(2), $10,000,000 for each of fiscal years 2022 through 2031; and (2) with respect to grants under subsection (b)(2), $1,000,000 for each of fiscal years 2026 through 2031..", "id": "H1D2682849857444A8BFB221365E8978D", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "42 U.S.C. 254c–20(k)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-20" } ] } ], "links": [ { "text": "42 U.S.C. 254c–20(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-20" }, { "text": "42 U.S.C. 254c–20(b)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-20" }, { "text": "42 U.S.C. 254c–20(f)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-20" }, { "text": "42 U.S.C. 254c–20(e)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-20" }, { "text": "42 U.S.C. 254c–20(j)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-20" }, { "text": "42 U.S.C. 254c–20(k)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-20" } ] } ]
2
1. Short title This Act may be cited as the Accelerating Access to Dementia and Alzheimer’s Provider Training Act or the AADAPT Act. 2. Reauthorization of Project ECHO Grant Program; Project ECHO grants for Alzheimer’s disease and related dementia care (a) Definitions Section 330N(a)(1) of the Public Health Service Act ( 42 U.S.C. 254c–20(a)(1) ) is amended to read as follows: (1) Eligible entity The term eligible entity means— (A) in the case of a grant under subsection (b)(1), an entity that provides, or supports the provision of, health care services in rural areas, frontier areas, health professional shortage areas, or medically underserved areas, or to medically underserved populations or Native Americans, including Indian Tribes, Tribal organizations, and urban Indian organizations, and which may include entities leading, or capable of leading, a technology-enabled collaborative learning and capacity building model or engaging in technology-enabled collaborative training of participants in such model; and (B) in the case of a grant under subsection (b)(2), a public or nonprofit private entity that is leading, or is capable of leading, a model described in subsection (b)(2)(A) for Alzheimer’s disease and related dementias.. (b) Grants Section 330N(b) of the Public Health Service Act ( 42 U.S.C. 254c–20(b) ) is amended— (1) by striking Established.—The Secretary and inserting Established.— (1) In general The Secretary ; and (2) by adding at the end the following: (2) Project ECHO grants for Alzheimer’s disease and related dementia care (A) In general Not later than 1 year after the date of enactment of this paragraph, the Secretary shall award 1 or more grants to eligible entities to evaluate, develop, and, as appropriate, expand the use of technology-enabled collaborative learning and capacity building models for eligible health care professionals to improve retention of health care providers and to increase access to early and accurate diagnosis of Alzheimer’s disease and related dementias and quality dementia care. (B) Eligible health care professional defined In this paragraph, the term eligible health care professional means a health care professional who— (i) provides primary care services, including such services provided— (I) in rural areas, frontier areas, health professional shortage areas, or medically underserved areas; or (II) to medically underserved populations or Native Americans; and (ii) is licensed, registered, or certified in accordance with applicable law regarding the provision of such services.. (c) Supplement not supplant Section 330N(f) of the Public Health Service Act ( 42 U.S.C. 254c–20(f) ) is amended to read as follows: (f) Application An eligible entity that seeks to receive a grant under subsection (b) shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. Such application shall include— (1) plans to assess the effect of technology-enabled collaborative learning and capacity building models on patient outcomes and health care providers; and (2) in the case of an application submitted for a grant under subsection (b)(2), assurances that funds received under such grant shall supplement and not supplant funds received from any other source.. (d) Reports (1) By eligible entities Section 330N(e) of the Public Health Service Act ( 42 U.S.C. 254c–20(e) ) is amended— (A) in the first sentence— (i) by striking this section and inserting subsection (b)(1), and shall require entities awarded a grant under subsection (b)(2), ; and (ii) by striking subsection (b). and inserting subsection (b)(1). ; and (B) by inserting after the first sentence the following: Each entity awarded a grant under subsection (b)(2) shall submit to the Advisory Council on Alzheimer’s Research, Care, and Services a report containing such collected information.. (2) By Secretary Section 330N(j) of the Public Health Service Act ( 42 U.S.C. 254c–20(j) ) is amended— (A) in paragraph (2), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and adjusting the margins accordingly; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly; (C) by striking Not later than 4 years after and inserting the following: (1) In general Not later than 4 years after ; and (D) by adding at the end the following: (2) Update to report Not later than 4 years after the date of enactment of subsection (b)(2), the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and post on the internet website of the Department of Health and Human Services, an updated version of the report described in paragraph (1).. (e) Authorization of appropriations Section 330N(k) of the Public Health Service Act ( 42 U.S.C. 254c–20(k) ) is amended to read as follows: (k) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) other than with respect to grants under subsection (b)(2), $10,000,000 for each of fiscal years 2022 through 2031; and (2) with respect to grants under subsection (b)(2), $1,000,000 for each of fiscal years 2026 through 2031..
5,381
[ "Energy and Commerce Committee" ]
118hr7661ih
118
hr
7,661
ih
To provide expanded cooperation by the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration with Taiwan, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Taiwan and American Space Assistance Act of 2024.", "id": "H76A11CFD14C14B9FADF04CCBC4C2F382", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Space cooperation with Taiwan \n(a) Requirement \nNot later than 90 days after the date of the enactment of this Act, the Administrator of the National Aeronautics and Space Administration, in coordination with the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of State, shall seek to engage Taiwan relating to expanding cooperation regarding civilian space activities. (b) Cooperation efforts \nIn seeking to expand the cooperation regarding civilian space activities between the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, and Taiwan under subsection (a), the Administrator of the National Aeronautics and Space Administration and the Administrator of the National Oceanic and Atmospheric Administration, may carry out efforts to identify and pursue space exploration, space applications, and science initiatives in areas of mutual benefit, consistent with the Taiwan Relations Act of 1979 and applicable export regulations, and taking all appropriate measures to protect sensitive information, intellectual property, trade secrets, and economic interests of the United States, in the following areas: (1) Satellite programs, space exploration programs, and atmospheric and weather programs. (2) Personnel exchanges of employees of the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration with the Taiwan Space Agency. (3) Activities of mutual benefit related to commercial space and atmospheric and weather technology and services. (c) Report \n(1) Requirement \nNot later than 270 days after the date of the enactment of this Act and annually thereafter for five years, the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of State, shall submit to the appropriate congressional committees a report on the implementation of this section. (2) Contents \nThe report under paragraph (1) shall include the following: (A) A description of the activities conducted between the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration with Taiwan. (B) An identification of any challenges and resources that need to be addressed to expand such cooperation. (C) An overview of efforts undertaken pursuant to this section. (D) Any other matter the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of State consider relevant. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate.", "id": "H9E151054978A4B3EB63194C7F4654E1C", "header": "Space cooperation with Taiwan", "nested": [ { "text": "(a) Requirement \nNot later than 90 days after the date of the enactment of this Act, the Administrator of the National Aeronautics and Space Administration, in coordination with the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of State, shall seek to engage Taiwan relating to expanding cooperation regarding civilian space activities.", "id": "H183867C7DF2A4085BF8CC63C5917A2CB", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Cooperation efforts \nIn seeking to expand the cooperation regarding civilian space activities between the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, and Taiwan under subsection (a), the Administrator of the National Aeronautics and Space Administration and the Administrator of the National Oceanic and Atmospheric Administration, may carry out efforts to identify and pursue space exploration, space applications, and science initiatives in areas of mutual benefit, consistent with the Taiwan Relations Act of 1979 and applicable export regulations, and taking all appropriate measures to protect sensitive information, intellectual property, trade secrets, and economic interests of the United States, in the following areas: (1) Satellite programs, space exploration programs, and atmospheric and weather programs. (2) Personnel exchanges of employees of the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration with the Taiwan Space Agency. (3) Activities of mutual benefit related to commercial space and atmospheric and weather technology and services.", "id": "HE866597A6AB9444283855F33596B4A38", "header": "Cooperation efforts", "nested": [], "links": [] }, { "text": "(c) Report \n(1) Requirement \nNot later than 270 days after the date of the enactment of this Act and annually thereafter for five years, the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of State, shall submit to the appropriate congressional committees a report on the implementation of this section. (2) Contents \nThe report under paragraph (1) shall include the following: (A) A description of the activities conducted between the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration with Taiwan. (B) An identification of any challenges and resources that need to be addressed to expand such cooperation. (C) An overview of efforts undertaken pursuant to this section. (D) Any other matter the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of State consider relevant.", "id": "HF17E21FCBB5245E8BB2D6A2934ECC8EC", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate.", "id": "HF23D072D38BE4A6EB55DCAF6B108D487", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Taiwan and American Space Assistance Act of 2024. 2. Space cooperation with Taiwan (a) Requirement Not later than 90 days after the date of the enactment of this Act, the Administrator of the National Aeronautics and Space Administration, in coordination with the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of State, shall seek to engage Taiwan relating to expanding cooperation regarding civilian space activities. (b) Cooperation efforts In seeking to expand the cooperation regarding civilian space activities between the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, and Taiwan under subsection (a), the Administrator of the National Aeronautics and Space Administration and the Administrator of the National Oceanic and Atmospheric Administration, may carry out efforts to identify and pursue space exploration, space applications, and science initiatives in areas of mutual benefit, consistent with the Taiwan Relations Act of 1979 and applicable export regulations, and taking all appropriate measures to protect sensitive information, intellectual property, trade secrets, and economic interests of the United States, in the following areas: (1) Satellite programs, space exploration programs, and atmospheric and weather programs. (2) Personnel exchanges of employees of the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration with the Taiwan Space Agency. (3) Activities of mutual benefit related to commercial space and atmospheric and weather technology and services. (c) Report (1) Requirement Not later than 270 days after the date of the enactment of this Act and annually thereafter for five years, the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of State, shall submit to the appropriate congressional committees a report on the implementation of this section. (2) Contents The report under paragraph (1) shall include the following: (A) A description of the activities conducted between the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration with Taiwan. (B) An identification of any challenges and resources that need to be addressed to expand such cooperation. (C) An overview of efforts undertaken pursuant to this section. (D) Any other matter the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of State consider relevant. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate.
3,125
[ "Foreign Affairs Committee", "Science, Space, and Technology Committee" ]
118hr5143ih
118
hr
5,143
ih
To amend the Internal Revenue Code of 1986 to provide authority to add additional vaccines to the list of taxable vaccines.
[ { "text": "1. Short title \nThis Act may be cited as the Vaccine Access Improvement Act of 2023.", "id": "H0098B3436B6445C4884A46EB7CF9D151", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Addition of new vaccines to list of taxable vaccines \n(a) In general \nSection 4132(a)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (Q) Any vaccine which is not described in any other subparagraph of this paragraph and which is included on the Vaccine Injury Table under section 2114 of the Public Health Service Act.. (b) Notification \nNot later than 30 days after the Secretary of Health and Human Services adds a vaccine to the Vaccine Injury Table pursuant of section 2114 of the Public Health Service Act ( 42 U.S.C. 300aa–14 ), the Secretary shall notify the Secretary of the Treasury, the Committee on Health, Education, Labor, and Pensions of the Senate , the Committee on Finance of the Senate , the Committee on Energy and Commerce of the House of Representatives , and the Committee on Ways and Means of the House of Representatives of such designation. (c) Effective date \n(1) Sales, etc \nThe amendment made by subsection (a) shall apply to sales and uses on or after the date on which the Secretary of Health and Human Services lists any new vaccine pursuant to section 2114 of the Public Health Service Act ( 42 U.S.C. 300aa–14 ) for purposes of compensation for any vaccine-related injury or death through the Vaccine Injury Compensation Trust Fund. (2) Deliveries \nFor purposes of paragraph (1) and section 4131 of the Internal Revenue Code of 1986, in the case of sales on or before the effective date described in such paragraph for which delivery is made after such date, the delivery date shall be considered the sale date.", "id": "H477D447967E14A2CA5DB0734BC39F472", "header": "Addition of new vaccines to list of taxable vaccines", "nested": [ { "text": "(a) In general \nSection 4132(a)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (Q) Any vaccine which is not described in any other subparagraph of this paragraph and which is included on the Vaccine Injury Table under section 2114 of the Public Health Service Act..", "id": "H69F11EB694234005BEBD51C349F611F0", "header": "In general", "nested": [], "links": [ { "text": "Section 4132(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/4132" } ] }, { "text": "(b) Notification \nNot later than 30 days after the Secretary of Health and Human Services adds a vaccine to the Vaccine Injury Table pursuant of section 2114 of the Public Health Service Act ( 42 U.S.C. 300aa–14 ), the Secretary shall notify the Secretary of the Treasury, the Committee on Health, Education, Labor, and Pensions of the Senate , the Committee on Finance of the Senate , the Committee on Energy and Commerce of the House of Representatives , and the Committee on Ways and Means of the House of Representatives of such designation.", "id": "H5EBDD45F68644D0FA0E041824C8DAAE0", "header": "Notification", "nested": [], "links": [ { "text": "42 U.S.C. 300aa–14", "legal-doc": "usc", "parsable-cite": "usc/42/300aa-14" } ] }, { "text": "(c) Effective date \n(1) Sales, etc \nThe amendment made by subsection (a) shall apply to sales and uses on or after the date on which the Secretary of Health and Human Services lists any new vaccine pursuant to section 2114 of the Public Health Service Act ( 42 U.S.C. 300aa–14 ) for purposes of compensation for any vaccine-related injury or death through the Vaccine Injury Compensation Trust Fund. (2) Deliveries \nFor purposes of paragraph (1) and section 4131 of the Internal Revenue Code of 1986, in the case of sales on or before the effective date described in such paragraph for which delivery is made after such date, the delivery date shall be considered the sale date.", "id": "H4A9F89B0E4214B4D8BE3856AC536B182", "header": "Effective date", "nested": [], "links": [ { "text": "42 U.S.C. 300aa–14", "legal-doc": "usc", "parsable-cite": "usc/42/300aa-14" }, { "text": "section 4131", "legal-doc": "usc", "parsable-cite": "usc/26/4131" } ] } ], "links": [ { "text": "Section 4132(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/4132" }, { "text": "42 U.S.C. 300aa–14", "legal-doc": "usc", "parsable-cite": "usc/42/300aa-14" }, { "text": "42 U.S.C. 300aa–14", "legal-doc": "usc", "parsable-cite": "usc/42/300aa-14" }, { "text": "section 4131", "legal-doc": "usc", "parsable-cite": "usc/26/4131" } ] } ]
2
1. Short title This Act may be cited as the Vaccine Access Improvement Act of 2023. 2. Addition of new vaccines to list of taxable vaccines (a) In general Section 4132(a)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (Q) Any vaccine which is not described in any other subparagraph of this paragraph and which is included on the Vaccine Injury Table under section 2114 of the Public Health Service Act.. (b) Notification Not later than 30 days after the Secretary of Health and Human Services adds a vaccine to the Vaccine Injury Table pursuant of section 2114 of the Public Health Service Act ( 42 U.S.C. 300aa–14 ), the Secretary shall notify the Secretary of the Treasury, the Committee on Health, Education, Labor, and Pensions of the Senate , the Committee on Finance of the Senate , the Committee on Energy and Commerce of the House of Representatives , and the Committee on Ways and Means of the House of Representatives of such designation. (c) Effective date (1) Sales, etc The amendment made by subsection (a) shall apply to sales and uses on or after the date on which the Secretary of Health and Human Services lists any new vaccine pursuant to section 2114 of the Public Health Service Act ( 42 U.S.C. 300aa–14 ) for purposes of compensation for any vaccine-related injury or death through the Vaccine Injury Compensation Trust Fund. (2) Deliveries For purposes of paragraph (1) and section 4131 of the Internal Revenue Code of 1986, in the case of sales on or before the effective date described in such paragraph for which delivery is made after such date, the delivery date shall be considered the sale date.
1,689
[ "Ways and Means Committee" ]
118hr1664ih
118
hr
1,664
ih
To require the Board of Governors of the Federal Reserve System and the Federal Open Market Committee to consider inflation, employment, and financial stability when setting interest rates.
[ { "text": "1. Short title \nThis Act may be cited as the Financial Stability Mandate Act.", "id": "H5ECB32D9E29F4946AB3E48645967D00A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Interest rate considerations \nSection 2A of the Federal Reserve Act is amended— (1) by striking The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall and inserting the following: (a) In general \nThe Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall ; and (2) by adding at the end the following: (b) Considerations \nThe Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall, when setting interest rates, consider inflation, employment, and financial stability..", "id": "H3BBEA76B55FE4B8980020E7C47ED3B73", "header": "Interest rate considerations", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Financial Stability Mandate Act. 2. Interest rate considerations Section 2A of the Federal Reserve Act is amended— (1) by striking The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall and inserting the following: (a) In general The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall ; and (2) by adding at the end the following: (b) Considerations The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall, when setting interest rates, consider inflation, employment, and financial stability..
666
[ "Financial Services Committee" ]
118hr4698ih
118
hr
4,698
ih
To provide for a study on food animal microbiomes, and for other purposes.
[ { "text": "1. Study on food animal microbiomes \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall enter into an agreement with the National Academies to conduct a study on a Federal research agenda to advance the understanding of food animal microbiomes. The study shall— (1) evaluate the gaps in the current and past research at Federal agencies on food animal microbiomes that include cattle, small ruminants, poultry, and aquaculture species; (2) assess the needs of government, research, and private industry to have a fuller understanding of the functional components of the microbiome; and (3) estimate the impact on animal health, food safety, and agricultural production of a fuller understanding of the animal microbiome. (b) Report \nThe agreement entered into under subsection (a) shall require the National Academies to submit to Congress, not later than 18 months after the date on which the agreement is entered into, a report containing the findings of the study and the recommendations to advance the Federal research agenda on food animal microbiomes. (c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $1,000,000 to remain available until expended.", "id": "HDEA6CF9A33E94C8A81DF37B260225B75", "header": "Study on food animal microbiomes", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall enter into an agreement with the National Academies to conduct a study on a Federal research agenda to advance the understanding of food animal microbiomes. The study shall— (1) evaluate the gaps in the current and past research at Federal agencies on food animal microbiomes that include cattle, small ruminants, poultry, and aquaculture species; (2) assess the needs of government, research, and private industry to have a fuller understanding of the functional components of the microbiome; and (3) estimate the impact on animal health, food safety, and agricultural production of a fuller understanding of the animal microbiome.", "id": "H3CDBF497AC634DC6BEA410088185E79E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nThe agreement entered into under subsection (a) shall require the National Academies to submit to Congress, not later than 18 months after the date on which the agreement is entered into, a report containing the findings of the study and the recommendations to advance the Federal research agenda on food animal microbiomes.", "id": "H8A9D67095AA74C41AAE17F6BDC529BFD", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $1,000,000 to remain available until expended.", "id": "H218DA5B6E6524C32873441BE4EEB640D", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]
1
1. Study on food animal microbiomes (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall enter into an agreement with the National Academies to conduct a study on a Federal research agenda to advance the understanding of food animal microbiomes. The study shall— (1) evaluate the gaps in the current and past research at Federal agencies on food animal microbiomes that include cattle, small ruminants, poultry, and aquaculture species; (2) assess the needs of government, research, and private industry to have a fuller understanding of the functional components of the microbiome; and (3) estimate the impact on animal health, food safety, and agricultural production of a fuller understanding of the animal microbiome. (b) Report The agreement entered into under subsection (a) shall require the National Academies to submit to Congress, not later than 18 months after the date on which the agreement is entered into, a report containing the findings of the study and the recommendations to advance the Federal research agenda on food animal microbiomes. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 to remain available until expended.
1,271
[ "Agriculture Committee" ]
118hr7633ih
118
hr
7,633
ih
To provide authority to enhance security assistance with countries that are engaged in regional security cooperation efforts in the Middle East and North Africa, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the “Enhance Cooperation Against Terrorism Act ”.", "id": "H71147A58F27C48448C7D97C39D3972C6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Authority to enhance security assistance with countries that are engaged in regional security cooperation efforts in the Middle East and North Africa \n(a) Statement of policy \nIt is the policy of the United States to work with allies and partners to safeguard freedom of navigation, protect critical infrastructure, uphold basic principles of international law, and protect United States citizens from threats posed by Iran and Iran-aligned entities in the Middle East and North Africa. (b) Authority \nThe Secretary of State shall— (1) identify countries that— (A) have normalized diplomatic relations with the State of Israel; and (B) are engaged in regional security cooperation efforts in the Middle East and North Africa to combat threats posed by Iran and Iran-aligned entities; and (2) in order to meet the policy described in subsection (a), provide approval for the sale or lease, a license or other approval for the export, or the transfer of defense articles or defense services to countries identified by the Secretary under paragraph (1) in accordance with the expedited approval provisions of subsection (c). (c) Expedited approval provisions \nIn the case of a sale or lease of defense articles or defense services under section 3, 21, or 36 of the Arms Export Control Act ( 22 U.S.C. 2753 , 2761, or 2776) to a country identified by the Secretary of State under subsection (b)(1), a license or other approval under section 38 of such Act ( 22 U.S.C. 2778 ) for the export of defense articles or defense services to such a country (or of a commercial agreement that involves the manufacture in such a country of any item of significant combat equipment on the United States Munitions List in accordance with section 36(d) of such Act ( 22 U.S.C. 2776(d) )), or a transfer of excess defense articles under section 516(c)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(c)(2) ) to such a country, the President shall— (1) notwithstanding the time limitations described in any of such sections, submit to Congress a certification described in such sections, at least 15 calendar days before sale, lease, license or other approval, or transfer of the defense articles or defense services is approved; and (2) include in the certification— (A) information on why the provision of such defense articles or services is related to or in furtherance of the policy described in subsection (a); and (B) a summary of steps taken by the United States Government to ensure that any sensitive United States technology, information, or capabilities that may be provided to such a country by reason of the provision of such defense articles or services are not acquired by— (i) the People’s Republic of China or any entity owned or controlled by the People’s Republic of China; or (ii) the Russian Federation or any entity owned or controlled by the Russian Federation. (d) Strategy \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, and every 60 days thereafter, the Secretary of State shall submit to the appropriate congressional committees, in writing, a strategy on the implementation of this section. (2) Matters to be included \nThe strategy required by this subsection shall include the following: (A) An overview of the security threats from Iran and Iran-aligned entities to both the United States and the countries identified by the Secretary of State under subsection (b)(1). (B) A description and assessment of the metrics and evaluation procedures used for implementing the policy described in subsection (a), including recommendations to improve multilateral cooperation between the United States and such countries and among such countries. (C) A description of the challenges to achieving full interoperability between the United States and such countries and the impact on progress to address the policy described in subsection (a), including efforts to address shared threats posed by Iran and Iran-aligned entities. (D) A description of measures to provide such countries interim capabilities until the cases described in clauses (i) and (ii) are delivered. (E) A description and assessment of— (i) the status of all pending sales of defense articles or defense services over $25,000,000, including Letters of Request and where applicable Letters of Offer and Acceptance, beginning 5 years prior to the date of the enactment of this Act, to such countries pursuant to the provisions of law specified in subsection (c); (ii) a description of the delivery time-frames for all pending sales of defense articles or defense services over $25,000,000 to such countries pursuant to the provisions of law specified in subsection (c) and any measures that could be taken to expedite their delivery; and (iii) recommendations to improve the process for authorizing the transfer of defense articles and services authorized under sections 36 and 38 of the Arms Export Control Act to such countries, including as it relates to delivery timeline. (3) Form \nThe report required by this subsection shall be submitted in unclassified form but may contain a classified annex. (4) Definitions \nIn this subsection— (A) the term “appropriate congressional committees” means— (i) the Committee on Foreign Affairs of the House of Representatives; and (ii) the Committee on Foreign Relations of the Senate; and (B) the term “Iran-aligned entity”— (i) includes an entity that— (I) is controlled or significantly influenced by the Government of Iran; and (II) knowingly receives material or financial support from the Government of Iran; and (ii) includes— (I) Hezbollah; (II) the Houthis; or (III) any other proxy group that furthers Iran’s national security objectives.", "id": "H799103ADE9824F90B65659C0E29B99F8", "header": "Authority to enhance security assistance with countries that are engaged in regional security cooperation efforts in the Middle East and North Africa", "nested": [ { "text": "(a) Statement of policy \nIt is the policy of the United States to work with allies and partners to safeguard freedom of navigation, protect critical infrastructure, uphold basic principles of international law, and protect United States citizens from threats posed by Iran and Iran-aligned entities in the Middle East and North Africa.", "id": "H94A2B28F2B1144129D4CC346939F1F9E", "header": "Statement of policy", "nested": [], "links": [] }, { "text": "(b) Authority \nThe Secretary of State shall— (1) identify countries that— (A) have normalized diplomatic relations with the State of Israel; and (B) are engaged in regional security cooperation efforts in the Middle East and North Africa to combat threats posed by Iran and Iran-aligned entities; and (2) in order to meet the policy described in subsection (a), provide approval for the sale or lease, a license or other approval for the export, or the transfer of defense articles or defense services to countries identified by the Secretary under paragraph (1) in accordance with the expedited approval provisions of subsection (c).", "id": "H48AD9914570E490EBAA2C49165232839", "header": "Authority", "nested": [], "links": [] }, { "text": "(c) Expedited approval provisions \nIn the case of a sale or lease of defense articles or defense services under section 3, 21, or 36 of the Arms Export Control Act ( 22 U.S.C. 2753 , 2761, or 2776) to a country identified by the Secretary of State under subsection (b)(1), a license or other approval under section 38 of such Act ( 22 U.S.C. 2778 ) for the export of defense articles or defense services to such a country (or of a commercial agreement that involves the manufacture in such a country of any item of significant combat equipment on the United States Munitions List in accordance with section 36(d) of such Act ( 22 U.S.C. 2776(d) )), or a transfer of excess defense articles under section 516(c)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(c)(2) ) to such a country, the President shall— (1) notwithstanding the time limitations described in any of such sections, submit to Congress a certification described in such sections, at least 15 calendar days before sale, lease, license or other approval, or transfer of the defense articles or defense services is approved; and (2) include in the certification— (A) information on why the provision of such defense articles or services is related to or in furtherance of the policy described in subsection (a); and (B) a summary of steps taken by the United States Government to ensure that any sensitive United States technology, information, or capabilities that may be provided to such a country by reason of the provision of such defense articles or services are not acquired by— (i) the People’s Republic of China or any entity owned or controlled by the People’s Republic of China; or (ii) the Russian Federation or any entity owned or controlled by the Russian Federation.", "id": "H76EB568AE9AD4C8199CE26EE12CCABC0", "header": "Expedited approval provisions", "nested": [], "links": [ { "text": "22 U.S.C. 2753", "legal-doc": "usc", "parsable-cite": "usc/22/2753" }, { "text": "22 U.S.C. 2778", "legal-doc": "usc", "parsable-cite": "usc/22/2778" }, { "text": "22 U.S.C. 2776(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2776" }, { "text": "22 U.S.C. 2321j(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/22/2321j" } ] }, { "text": "(d) Strategy \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, and every 60 days thereafter, the Secretary of State shall submit to the appropriate congressional committees, in writing, a strategy on the implementation of this section. (2) Matters to be included \nThe strategy required by this subsection shall include the following: (A) An overview of the security threats from Iran and Iran-aligned entities to both the United States and the countries identified by the Secretary of State under subsection (b)(1). (B) A description and assessment of the metrics and evaluation procedures used for implementing the policy described in subsection (a), including recommendations to improve multilateral cooperation between the United States and such countries and among such countries. (C) A description of the challenges to achieving full interoperability between the United States and such countries and the impact on progress to address the policy described in subsection (a), including efforts to address shared threats posed by Iran and Iran-aligned entities. (D) A description of measures to provide such countries interim capabilities until the cases described in clauses (i) and (ii) are delivered. (E) A description and assessment of— (i) the status of all pending sales of defense articles or defense services over $25,000,000, including Letters of Request and where applicable Letters of Offer and Acceptance, beginning 5 years prior to the date of the enactment of this Act, to such countries pursuant to the provisions of law specified in subsection (c); (ii) a description of the delivery time-frames for all pending sales of defense articles or defense services over $25,000,000 to such countries pursuant to the provisions of law specified in subsection (c) and any measures that could be taken to expedite their delivery; and (iii) recommendations to improve the process for authorizing the transfer of defense articles and services authorized under sections 36 and 38 of the Arms Export Control Act to such countries, including as it relates to delivery timeline. (3) Form \nThe report required by this subsection shall be submitted in unclassified form but may contain a classified annex. (4) Definitions \nIn this subsection— (A) the term “appropriate congressional committees” means— (i) the Committee on Foreign Affairs of the House of Representatives; and (ii) the Committee on Foreign Relations of the Senate; and (B) the term “Iran-aligned entity”— (i) includes an entity that— (I) is controlled or significantly influenced by the Government of Iran; and (II) knowingly receives material or financial support from the Government of Iran; and (ii) includes— (I) Hezbollah; (II) the Houthis; or (III) any other proxy group that furthers Iran’s national security objectives.", "id": "HCF4BE603E5B1462293E0FF9B1D3DEACC", "header": "Strategy", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2753", "legal-doc": "usc", "parsable-cite": "usc/22/2753" }, { "text": "22 U.S.C. 2778", "legal-doc": "usc", "parsable-cite": "usc/22/2778" }, { "text": "22 U.S.C. 2776(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2776" }, { "text": "22 U.S.C. 2321j(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/22/2321j" } ] } ]
2
1. Short title This Act may be cited as the “Enhance Cooperation Against Terrorism Act ”. 2. Authority to enhance security assistance with countries that are engaged in regional security cooperation efforts in the Middle East and North Africa (a) Statement of policy It is the policy of the United States to work with allies and partners to safeguard freedom of navigation, protect critical infrastructure, uphold basic principles of international law, and protect United States citizens from threats posed by Iran and Iran-aligned entities in the Middle East and North Africa. (b) Authority The Secretary of State shall— (1) identify countries that— (A) have normalized diplomatic relations with the State of Israel; and (B) are engaged in regional security cooperation efforts in the Middle East and North Africa to combat threats posed by Iran and Iran-aligned entities; and (2) in order to meet the policy described in subsection (a), provide approval for the sale or lease, a license or other approval for the export, or the transfer of defense articles or defense services to countries identified by the Secretary under paragraph (1) in accordance with the expedited approval provisions of subsection (c). (c) Expedited approval provisions In the case of a sale or lease of defense articles or defense services under section 3, 21, or 36 of the Arms Export Control Act ( 22 U.S.C. 2753 , 2761, or 2776) to a country identified by the Secretary of State under subsection (b)(1), a license or other approval under section 38 of such Act ( 22 U.S.C. 2778 ) for the export of defense articles or defense services to such a country (or of a commercial agreement that involves the manufacture in such a country of any item of significant combat equipment on the United States Munitions List in accordance with section 36(d) of such Act ( 22 U.S.C. 2776(d) )), or a transfer of excess defense articles under section 516(c)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(c)(2) ) to such a country, the President shall— (1) notwithstanding the time limitations described in any of such sections, submit to Congress a certification described in such sections, at least 15 calendar days before sale, lease, license or other approval, or transfer of the defense articles or defense services is approved; and (2) include in the certification— (A) information on why the provision of such defense articles or services is related to or in furtherance of the policy described in subsection (a); and (B) a summary of steps taken by the United States Government to ensure that any sensitive United States technology, information, or capabilities that may be provided to such a country by reason of the provision of such defense articles or services are not acquired by— (i) the People’s Republic of China or any entity owned or controlled by the People’s Republic of China; or (ii) the Russian Federation or any entity owned or controlled by the Russian Federation. (d) Strategy (1) In general Not later than 60 days after the date of the enactment of this Act, and every 60 days thereafter, the Secretary of State shall submit to the appropriate congressional committees, in writing, a strategy on the implementation of this section. (2) Matters to be included The strategy required by this subsection shall include the following: (A) An overview of the security threats from Iran and Iran-aligned entities to both the United States and the countries identified by the Secretary of State under subsection (b)(1). (B) A description and assessment of the metrics and evaluation procedures used for implementing the policy described in subsection (a), including recommendations to improve multilateral cooperation between the United States and such countries and among such countries. (C) A description of the challenges to achieving full interoperability between the United States and such countries and the impact on progress to address the policy described in subsection (a), including efforts to address shared threats posed by Iran and Iran-aligned entities. (D) A description of measures to provide such countries interim capabilities until the cases described in clauses (i) and (ii) are delivered. (E) A description and assessment of— (i) the status of all pending sales of defense articles or defense services over $25,000,000, including Letters of Request and where applicable Letters of Offer and Acceptance, beginning 5 years prior to the date of the enactment of this Act, to such countries pursuant to the provisions of law specified in subsection (c); (ii) a description of the delivery time-frames for all pending sales of defense articles or defense services over $25,000,000 to such countries pursuant to the provisions of law specified in subsection (c) and any measures that could be taken to expedite their delivery; and (iii) recommendations to improve the process for authorizing the transfer of defense articles and services authorized under sections 36 and 38 of the Arms Export Control Act to such countries, including as it relates to delivery timeline. (3) Form The report required by this subsection shall be submitted in unclassified form but may contain a classified annex. (4) Definitions In this subsection— (A) the term “appropriate congressional committees” means— (i) the Committee on Foreign Affairs of the House of Representatives; and (ii) the Committee on Foreign Relations of the Senate; and (B) the term “Iran-aligned entity”— (i) includes an entity that— (I) is controlled or significantly influenced by the Government of Iran; and (II) knowingly receives material or financial support from the Government of Iran; and (ii) includes— (I) Hezbollah; (II) the Houthis; or (III) any other proxy group that furthers Iran’s national security objectives.
5,799
[ "Foreign Affairs Committee" ]
118hr4761ih
118
hr
4,761
ih
To amend title 49, United States Code, to provide additional safety measures for motor vehicles, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Securing American Future from Exploitative Communist Autonomous Research Act or the SAFE CAR Act.", "id": "HC0AD1E7C7F8340078099E0C70F060971", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Additional safety measures for motor vehicles \n(a) Definitions \nSection 30102(a) of title 49, United States Code, is amended by adding at the end the following: (14) Control \nThe term control means the power, direct or indirect, whether exercised or not exercised, to determine, direct, or decide important matters affecting a manufacturer. (15) Foreign adversary \nThe term foreign adversary has the meaning given that term in part 7.4 of title 15, Code of Federal Regulations.. (b) Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment \nSection 30112 of title 49, United States Code, is amended— (1) in subsection (a), by adding at the end the following: (4) A person who is domiciled in the People’s Republic of China, or a manufacturer who is under the control of the Chinese Communist Party or the Government of the People’s Republic of China, may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States any motor vehicle or motor vehicle equipment if the Secretary, in coordination with the Secretary of Commerce, determines that such vehicle or equipment poses a risk to United States security. ; and (2) by adding at the end the following: (c) Determination regarding security \nFor purposes of this section, the Secretary, in coordination with the Secretary of Commerce, shall determine whether any motor vehicle or motor vehicle equipment poses a risk to United States security.. (c) General exemptions \nSection 30113 of title 49, United States Code, is amended— (1) in subsection (b)(3)— (A) in subparagraph (A), by striking and at the end; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting before subparagraph (C) (as so redesignated) the following: (B) an exemption applied for by a manufacturer who is domiciled in the People’s Republic of China or who is under the control of the Chinese Communist Party or the Government of the People’s Republic of China would not pose a risk to United States security; and ; and (2) by adding at the end the following: (i) Prohibition on harmful motor vehicles testing in the United States \nA motor vehicle may not be granted an exemption under this section if the manufacturer of such vehicle— (1) is under the control of the Chinese Communist Party or the Government of the People’s Republic of China; or (2) shares information with the Chinese Communist Party or the Government of the People’s Republic of China. (j) Determination regarding security \nFor purposes of this section, the Secretary, in coordination with the Secretary of Commerce, shall determine whether any motor vehicle or motor vehicle equipment poses a risk to United States security.. (d) Special exemptions \nSection 30114 of title 49, United States Code, is amended— (1) in subsection (b)(5), by striking significant safety risk. and inserting significant safety risk or that such registration has been filed by a manufacturer that is domiciled in a country that is a foreign adversary, owned wholly or partially by a foreign adversary, or located in a country that is a foreign adversary, and such manufacturer poses a risk to United States security. For purposes of this paragraph, the Secretary shall coordinate with the Secretary of Commerce to determine whether such a manufacturer poses a risk to United States security. ; and (2) by adding at the end the following: (c) Prohibition on harmful motor vehicles testing in the United States \nA motor vehicle may not be granted an exemption under this section if the manufacturer of such vehicle— (1) is under the control of the Chinese Communist Party or the Government of the People’s Republic of China; or (2) shares information with the Chinese Communist Party or the Government of the People’s Republic of China.. (e) Certification of compliance \nSection 30115(b) of title 49, United States Code, is amended to read as follows: (b) Certification label \nIn the case of the certification label affixed by an intermediate or final stage manufacturer of a motor vehicle built in more than 1 stage, each intermediate or final stage manufacturer shall certify with respect to each applicable Federal motor vehicle safety standard— (1) that it— (A) has complied with the specifications set forth in the compliance documentation provided by the incomplete motor vehicle manufacturer in accordance with regulations prescribed by the Secretary; or (B) has elected to assume responsibility for compliance with that standard; (2) that the Secretary has determined it is not a threat to security; (3) that it is not under the control of the Chinese Communist Party or the Government of the People’s Republic of China; and (4) that it does not share information with the Chinese Communist Party or the Government of the People’s Republic of China..", "id": "H9867FFBCA9EF493899EA5957192F381D", "header": "Additional safety measures for motor vehicles", "nested": [ { "text": "(a) Definitions \nSection 30102(a) of title 49, United States Code, is amended by adding at the end the following: (14) Control \nThe term control means the power, direct or indirect, whether exercised or not exercised, to determine, direct, or decide important matters affecting a manufacturer. (15) Foreign adversary \nThe term foreign adversary has the meaning given that term in part 7.4 of title 15, Code of Federal Regulations..", "id": "H05039BD98F404DC39CCD2BA8BE569395", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment \nSection 30112 of title 49, United States Code, is amended— (1) in subsection (a), by adding at the end the following: (4) A person who is domiciled in the People’s Republic of China, or a manufacturer who is under the control of the Chinese Communist Party or the Government of the People’s Republic of China, may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States any motor vehicle or motor vehicle equipment if the Secretary, in coordination with the Secretary of Commerce, determines that such vehicle or equipment poses a risk to United States security. ; and (2) by adding at the end the following: (c) Determination regarding security \nFor purposes of this section, the Secretary, in coordination with the Secretary of Commerce, shall determine whether any motor vehicle or motor vehicle equipment poses a risk to United States security..", "id": "HFCD9029AC620495080822CA566EA336E", "header": "Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment", "nested": [], "links": [] }, { "text": "(c) General exemptions \nSection 30113 of title 49, United States Code, is amended— (1) in subsection (b)(3)— (A) in subparagraph (A), by striking and at the end; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting before subparagraph (C) (as so redesignated) the following: (B) an exemption applied for by a manufacturer who is domiciled in the People’s Republic of China or who is under the control of the Chinese Communist Party or the Government of the People’s Republic of China would not pose a risk to United States security; and ; and (2) by adding at the end the following: (i) Prohibition on harmful motor vehicles testing in the United States \nA motor vehicle may not be granted an exemption under this section if the manufacturer of such vehicle— (1) is under the control of the Chinese Communist Party or the Government of the People’s Republic of China; or (2) shares information with the Chinese Communist Party or the Government of the People’s Republic of China. (j) Determination regarding security \nFor purposes of this section, the Secretary, in coordination with the Secretary of Commerce, shall determine whether any motor vehicle or motor vehicle equipment poses a risk to United States security..", "id": "H2B885EB45FF94A5B8DFF47A9229A5CED", "header": "General exemptions", "nested": [], "links": [] }, { "text": "(d) Special exemptions \nSection 30114 of title 49, United States Code, is amended— (1) in subsection (b)(5), by striking significant safety risk. and inserting significant safety risk or that such registration has been filed by a manufacturer that is domiciled in a country that is a foreign adversary, owned wholly or partially by a foreign adversary, or located in a country that is a foreign adversary, and such manufacturer poses a risk to United States security. For purposes of this paragraph, the Secretary shall coordinate with the Secretary of Commerce to determine whether such a manufacturer poses a risk to United States security. ; and (2) by adding at the end the following: (c) Prohibition on harmful motor vehicles testing in the United States \nA motor vehicle may not be granted an exemption under this section if the manufacturer of such vehicle— (1) is under the control of the Chinese Communist Party or the Government of the People’s Republic of China; or (2) shares information with the Chinese Communist Party or the Government of the People’s Republic of China..", "id": "H5B5A4D7CE9AA4B898FF7797700F5B47D", "header": "Special exemptions", "nested": [], "links": [] }, { "text": "(e) Certification of compliance \nSection 30115(b) of title 49, United States Code, is amended to read as follows: (b) Certification label \nIn the case of the certification label affixed by an intermediate or final stage manufacturer of a motor vehicle built in more than 1 stage, each intermediate or final stage manufacturer shall certify with respect to each applicable Federal motor vehicle safety standard— (1) that it— (A) has complied with the specifications set forth in the compliance documentation provided by the incomplete motor vehicle manufacturer in accordance with regulations prescribed by the Secretary; or (B) has elected to assume responsibility for compliance with that standard; (2) that the Secretary has determined it is not a threat to security; (3) that it is not under the control of the Chinese Communist Party or the Government of the People’s Republic of China; and (4) that it does not share information with the Chinese Communist Party or the Government of the People’s Republic of China..", "id": "H79648D4FD34D447D91DE0D7EF468DF8B", "header": "Certification of compliance", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Securing American Future from Exploitative Communist Autonomous Research Act or the SAFE CAR Act. 2. Additional safety measures for motor vehicles (a) Definitions Section 30102(a) of title 49, United States Code, is amended by adding at the end the following: (14) Control The term control means the power, direct or indirect, whether exercised or not exercised, to determine, direct, or decide important matters affecting a manufacturer. (15) Foreign adversary The term foreign adversary has the meaning given that term in part 7.4 of title 15, Code of Federal Regulations.. (b) Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment Section 30112 of title 49, United States Code, is amended— (1) in subsection (a), by adding at the end the following: (4) A person who is domiciled in the People’s Republic of China, or a manufacturer who is under the control of the Chinese Communist Party or the Government of the People’s Republic of China, may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States any motor vehicle or motor vehicle equipment if the Secretary, in coordination with the Secretary of Commerce, determines that such vehicle or equipment poses a risk to United States security. ; and (2) by adding at the end the following: (c) Determination regarding security For purposes of this section, the Secretary, in coordination with the Secretary of Commerce, shall determine whether any motor vehicle or motor vehicle equipment poses a risk to United States security.. (c) General exemptions Section 30113 of title 49, United States Code, is amended— (1) in subsection (b)(3)— (A) in subparagraph (A), by striking and at the end; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting before subparagraph (C) (as so redesignated) the following: (B) an exemption applied for by a manufacturer who is domiciled in the People’s Republic of China or who is under the control of the Chinese Communist Party or the Government of the People’s Republic of China would not pose a risk to United States security; and ; and (2) by adding at the end the following: (i) Prohibition on harmful motor vehicles testing in the United States A motor vehicle may not be granted an exemption under this section if the manufacturer of such vehicle— (1) is under the control of the Chinese Communist Party or the Government of the People’s Republic of China; or (2) shares information with the Chinese Communist Party or the Government of the People’s Republic of China. (j) Determination regarding security For purposes of this section, the Secretary, in coordination with the Secretary of Commerce, shall determine whether any motor vehicle or motor vehicle equipment poses a risk to United States security.. (d) Special exemptions Section 30114 of title 49, United States Code, is amended— (1) in subsection (b)(5), by striking significant safety risk. and inserting significant safety risk or that such registration has been filed by a manufacturer that is domiciled in a country that is a foreign adversary, owned wholly or partially by a foreign adversary, or located in a country that is a foreign adversary, and such manufacturer poses a risk to United States security. For purposes of this paragraph, the Secretary shall coordinate with the Secretary of Commerce to determine whether such a manufacturer poses a risk to United States security. ; and (2) by adding at the end the following: (c) Prohibition on harmful motor vehicles testing in the United States A motor vehicle may not be granted an exemption under this section if the manufacturer of such vehicle— (1) is under the control of the Chinese Communist Party or the Government of the People’s Republic of China; or (2) shares information with the Chinese Communist Party or the Government of the People’s Republic of China.. (e) Certification of compliance Section 30115(b) of title 49, United States Code, is amended to read as follows: (b) Certification label In the case of the certification label affixed by an intermediate or final stage manufacturer of a motor vehicle built in more than 1 stage, each intermediate or final stage manufacturer shall certify with respect to each applicable Federal motor vehicle safety standard— (1) that it— (A) has complied with the specifications set forth in the compliance documentation provided by the incomplete motor vehicle manufacturer in accordance with regulations prescribed by the Secretary; or (B) has elected to assume responsibility for compliance with that standard; (2) that the Secretary has determined it is not a threat to security; (3) that it is not under the control of the Chinese Communist Party or the Government of the People’s Republic of China; and (4) that it does not share information with the Chinese Communist Party or the Government of the People’s Republic of China..
5,018
[ "Energy and Commerce Committee" ]
118hr1826ih
118
hr
1,826
ih
To amend title XXVII of the Public Health Service Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for prostate cancer screenings without the imposition of cost-sharing requirements, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Prostate-Specific Antigen Screening for High-risk Insured Men Act or the PSA Screening for HIM Act.", "id": "H6585B176420142AF913CF83FC6C98843", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Prostate cancer is the second leading cause of cancer death in men in the United States with 1 in 41 men dying from prostate cancer and more than 34,700 men estimated to die from prostate cancer in 2023. (2) Prostate cancer is the second most commonly diagnosed cancer in the Nation with 1 in 8 men being diagnosed in their lifetimes, 3.1 million men in the United States living with a diagnosis, and over 288,000 men estimated to be diagnosed in 2023. (3) The survival rate for prostate cancer diagnosed in early stage is near 100 percent but prostate cancer diagnosed in late stage has only a 30-percent survival rate. (4) There are few, if any, symptoms of prostate cancer before it reaches late stage. (5) African-American men have a disproportionately higher rate of prostate cancer and are 70 percent more likely to be diagnosed with prostate cancer than White men, with 1 in 6 African-American men developing prostate cancer in their lifetimes. (6) African-American men are 2.1 times more likely to die from prostate cancer than White men. (7) Men with a father or brother with prostate cancer are more than twice as likely to be diagnosed with prostate cancer than men without a family history. (8) The common clinical definition for men at high-risk of prostate cancer includes African-American men and men with a family history. (9) Most of the major cancer and urological societies recommend beginning screening discussions earlier for African-American men and those with a family history of prostate cancer. (10) The United States Preventive Services Task Force has encouraged research on screening African-American men, including whether to screen African-American men at younger ages, and has identified this research as a high-priority cancer research gap. (11) Barriers to screening should be minimized for high-risk men in order to catch asymptomatic prostate cancer before it metastasizes and the survival rate is dramatically reduced. (12) The cost of treating metastatic prostate cancer in the United States health care system is hundreds of millions of dollars more annually than the cost of treating localized, early-stage cancer.", "id": "H9C3E2220DEC94546A5D1EEF9544712A4", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Requirement for group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for prostate cancer screenings without imposition of cost-sharing requirements \n(a) In general \nSubsection (a) of section 2713 of the Public Health Service Act ( 42 U.S.C. 300gg–13 ) is amended to read as follows: (a) Coverage of preventive health services \n(1) In general \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall, at a minimum, provide coverage for and shall not impose any cost-sharing requirements for— (A) evidence-based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force; (B) immunizations that have in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved; (C) with respect to infants, children, and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the Health Resources and Services Administration; (D) with respect to women, such additional preventive care and screenings not described in subparagraph (A) as provided for in comprehensive guidelines supported by the Health Resources and Services Administration for purposes of this subparagraph; and (E) with respect to men who are age 40 and over and are at high risk of developing prostate cancer (including African-American men and men with a family history of prostate cancer (as defined in paragraph (2))), such additional evidence-based preventive care and screenings not described in subparagraph (A) for prostate cancer. (2) Men with a family history of prostate cancer defined \nFor purposes of paragraph (1)(E), the term men with a family history of prostate cancer means men who have a first-degree relative— (A) who was diagnosed with prostate cancer; (B) who developed prostate cancer; (C) whose death was a result of prostate cancer; (D) who have been diagnosed with a cancer known to be associated with increased risk of prostate cancer; or (E) who has a genetic alteration known to be associated with increased risk of prostate cancer. (3) Clarification regarding breast cancer screening, mammography, and prevention recommendations \nFor the purposes of this Act, and for the purposes of any other provision of law, the current recommendations of the United States Preventive Service Task Force regarding breast cancer screening, mammography, and prevention shall be considered the most current other than those issued in or around November 2009. (4) Rule of construction \nNothing in this subsection shall be construed to prohibit a plan or issuer from providing coverage for services in addition to those recommended by the United States Preventive Services Task Force or to deny coverage for services that are not recommended by such Task Force.. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to plan years beginning on or after January 1, 2024.", "id": "HA4EA0F2CB4434823A333F43CB37865D8", "header": "Requirement for group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for prostate cancer screenings without imposition of cost-sharing requirements", "nested": [ { "text": "(a) In general \nSubsection (a) of section 2713 of the Public Health Service Act ( 42 U.S.C. 300gg–13 ) is amended to read as follows: (a) Coverage of preventive health services \n(1) In general \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall, at a minimum, provide coverage for and shall not impose any cost-sharing requirements for— (A) evidence-based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force; (B) immunizations that have in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved; (C) with respect to infants, children, and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the Health Resources and Services Administration; (D) with respect to women, such additional preventive care and screenings not described in subparagraph (A) as provided for in comprehensive guidelines supported by the Health Resources and Services Administration for purposes of this subparagraph; and (E) with respect to men who are age 40 and over and are at high risk of developing prostate cancer (including African-American men and men with a family history of prostate cancer (as defined in paragraph (2))), such additional evidence-based preventive care and screenings not described in subparagraph (A) for prostate cancer. (2) Men with a family history of prostate cancer defined \nFor purposes of paragraph (1)(E), the term men with a family history of prostate cancer means men who have a first-degree relative— (A) who was diagnosed with prostate cancer; (B) who developed prostate cancer; (C) whose death was a result of prostate cancer; (D) who have been diagnosed with a cancer known to be associated with increased risk of prostate cancer; or (E) who has a genetic alteration known to be associated with increased risk of prostate cancer. (3) Clarification regarding breast cancer screening, mammography, and prevention recommendations \nFor the purposes of this Act, and for the purposes of any other provision of law, the current recommendations of the United States Preventive Service Task Force regarding breast cancer screening, mammography, and prevention shall be considered the most current other than those issued in or around November 2009. (4) Rule of construction \nNothing in this subsection shall be construed to prohibit a plan or issuer from providing coverage for services in addition to those recommended by the United States Preventive Services Task Force or to deny coverage for services that are not recommended by such Task Force..", "id": "HA46AAC3CE5B845C3BCD9542B27075A20", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–13", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-13" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to plan years beginning on or after January 1, 2024.", "id": "HA680E691C14D4A948C0C90AA64D9D9D2", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 300gg–13", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-13" } ] } ]
3
1. Short title This Act may be cited as the Prostate-Specific Antigen Screening for High-risk Insured Men Act or the PSA Screening for HIM Act. 2. Findings Congress finds the following: (1) Prostate cancer is the second leading cause of cancer death in men in the United States with 1 in 41 men dying from prostate cancer and more than 34,700 men estimated to die from prostate cancer in 2023. (2) Prostate cancer is the second most commonly diagnosed cancer in the Nation with 1 in 8 men being diagnosed in their lifetimes, 3.1 million men in the United States living with a diagnosis, and over 288,000 men estimated to be diagnosed in 2023. (3) The survival rate for prostate cancer diagnosed in early stage is near 100 percent but prostate cancer diagnosed in late stage has only a 30-percent survival rate. (4) There are few, if any, symptoms of prostate cancer before it reaches late stage. (5) African-American men have a disproportionately higher rate of prostate cancer and are 70 percent more likely to be diagnosed with prostate cancer than White men, with 1 in 6 African-American men developing prostate cancer in their lifetimes. (6) African-American men are 2.1 times more likely to die from prostate cancer than White men. (7) Men with a father or brother with prostate cancer are more than twice as likely to be diagnosed with prostate cancer than men without a family history. (8) The common clinical definition for men at high-risk of prostate cancer includes African-American men and men with a family history. (9) Most of the major cancer and urological societies recommend beginning screening discussions earlier for African-American men and those with a family history of prostate cancer. (10) The United States Preventive Services Task Force has encouraged research on screening African-American men, including whether to screen African-American men at younger ages, and has identified this research as a high-priority cancer research gap. (11) Barriers to screening should be minimized for high-risk men in order to catch asymptomatic prostate cancer before it metastasizes and the survival rate is dramatically reduced. (12) The cost of treating metastatic prostate cancer in the United States health care system is hundreds of millions of dollars more annually than the cost of treating localized, early-stage cancer. 3. Requirement for group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for prostate cancer screenings without imposition of cost-sharing requirements (a) In general Subsection (a) of section 2713 of the Public Health Service Act ( 42 U.S.C. 300gg–13 ) is amended to read as follows: (a) Coverage of preventive health services (1) In general A group health plan and a health insurance issuer offering group or individual health insurance coverage shall, at a minimum, provide coverage for and shall not impose any cost-sharing requirements for— (A) evidence-based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force; (B) immunizations that have in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved; (C) with respect to infants, children, and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the Health Resources and Services Administration; (D) with respect to women, such additional preventive care and screenings not described in subparagraph (A) as provided for in comprehensive guidelines supported by the Health Resources and Services Administration for purposes of this subparagraph; and (E) with respect to men who are age 40 and over and are at high risk of developing prostate cancer (including African-American men and men with a family history of prostate cancer (as defined in paragraph (2))), such additional evidence-based preventive care and screenings not described in subparagraph (A) for prostate cancer. (2) Men with a family history of prostate cancer defined For purposes of paragraph (1)(E), the term men with a family history of prostate cancer means men who have a first-degree relative— (A) who was diagnosed with prostate cancer; (B) who developed prostate cancer; (C) whose death was a result of prostate cancer; (D) who have been diagnosed with a cancer known to be associated with increased risk of prostate cancer; or (E) who has a genetic alteration known to be associated with increased risk of prostate cancer. (3) Clarification regarding breast cancer screening, mammography, and prevention recommendations For the purposes of this Act, and for the purposes of any other provision of law, the current recommendations of the United States Preventive Service Task Force regarding breast cancer screening, mammography, and prevention shall be considered the most current other than those issued in or around November 2009. (4) Rule of construction Nothing in this subsection shall be construed to prohibit a plan or issuer from providing coverage for services in addition to those recommended by the United States Preventive Services Task Force or to deny coverage for services that are not recommended by such Task Force.. (b) Effective date The amendment made by subsection (a) shall apply with respect to plan years beginning on or after January 1, 2024.
5,488
[ "Energy and Commerce Committee" ]
118hr220ih
118
hr
220
ih
To establish the Office of Advanced Aviation within the Administration of the Federal Aviation Administration, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Advanced Aviation Act.", "id": "H82C4B8B0A7C540AC8A7AF0D2FC08EE74", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Office of Advanced Aviation; Associate Administrator for Advanced Aviation \n(a) Establishment \nNot later than 1 year after the date of enactment of this Act, the Secretary shall redesignate the Office of NextGen as the Office of Advanced Aviation. (b) Appointment \nNot later than 1 year after the date of enactment of this Act, the Secretary shall appoint an Associate Administrator for Advanced Aviation to head the Office of Advanced Aviation designated under subsection (a). (c) Responsibilities \nThe responsibilities of the Associate Administrator for Advanced Aviation shall include the following: (1) Coordinate rulemaking and approval processes on matters relating to the standardization and certification of advanced aviation systems for use in the national airspace system. (2) Coordinate rulemaking and approval processes on matters relating to the safe operation and integration of advanced aviation systems in the national airspace system. (3) Coordinate activities and establish policies related to the integration of aeronautical radio frequency spectrum designated by the National Telecommunications and Information Administration of the Department of Commerce for use in the national airspace system. (4) Coordinate workforce planning across relevant offices of the Administration to— (A) hire and recruit personnel to— (i) research, develop, test, and evaluate advanced aviation systems; and (ii) process applications related to advanced aviation systems in a timely manner; (B) develop and submit a quarterly report to the Secretary and the Administrator, including— (i) core workforce requirements related to the research, development, testing and evaluation of advanced aviation systems by the Administration; (ii) core workforce requirements related to the safety, certification, and operational approval of advanced aviation systems by the Administration; and (iii) recommendations on staffing and budgetary resources needed to address areas of concern. (5) Coordinate rulemaking related to the international standardization and environmental effects of advanced aviation systems. (6) Advise the Administrator during internal and interagency coordination and rulemaking on counter-UAS systems and other matters related to advanced aviation systems. (7) Advise the Chief Technology Officer of the Administration on the development of enterprise architecture. (8) Validate supporting system requirements proposed by the Chief Technology Officer. (9) Consult with the Director of the William J. Hughes Technical Center for Advanced Aviation, as redesignated under section 5, to— (A) evaluate technologies related to advanced aviation systems; (B) inform processes and rulemaking related to advanced aviation systems; (C) identify new technologies that qualify as viable advanced aviation systems; and (D) coordinate referral of all technologies to the relevant office of the Administration. (10) Lead aviation rulemaking committees relevant to advanced aviation systems. (11) Consult with and assign tasks to the Advanced Aviation Advisory Committee. (12) Develop and implement a secure password-protected online portal that allows stakeholders with a new or pending certification or approval application to review the status of such application, receive notice of deadlines and major certification milestones, and identify the Administration office reviewing such application. (13) Implement pilot programs in partnership with advanced aviation stakeholders to provide data to support rulemaking and approval processes. (14) Serve as a representative of the Administration during interagency coordination of policies related to advanced aviation systems. (15) Promote the safe and responsible integration of advanced aviation systems into the national airspace system. (d) Notice of objection \n(1) In general \nIn carrying out the responsibilities described in subsection (c), the Associate Administrator for Advanced Aviation may submit to the Administrator a notice of objection with respect to— (A) a final rule of the Administration related to advanced aviation systems; (B) a determination by the Chief Technology Officer related to the establishment of enterprise architecture or supporting system requirements; (C) an airworthiness or type certification determination that relates to an advanced aviation system issued in accordance with section 44701 or 44704 of title 49, United States Code, or a modification or reversal of such determination; and (D) an waiver determination that relates to the operation of an advanced aviation system in the national airspace system issued in accordance with section 44701 or 44807 of title 49, United States Code, or a modification or reversal of such determination. (2) Contents of notice \nIn each notice of objection submitted under this subsection, the Associate Administrator shall include an explanation for the basis of each such objection. (3) Determination by Administrator \nNot later than 30 days after receiving a notice of objection under this subsection, the Administrator shall— (A) determine whether to agree with or overrule such objection; and (B) if the Administrator determines that such objection should be overruled, submit to the Secretary a report explaining the reasons for overruling such objection. (4) Determination by Secretary \nNot later than 30 days after receiving a report submitted under paragraph (3)(B), the Secretary may determine whether to allow the rule, determination, modification, or reversal to which the report relates to proceed. If the Secretary fails to make a determination under this paragraph, the determination made by the Administrator under paragraph (3) shall proceed. (5) Implementation of rule \nAny rule or determination that is the subject of a notice of objection submitted under this subsection shall not take effect during the period beginning on the date on which such notice is submitted and ending on the last day of the 30-day period described in paragraph (4). (6) Submission to Congress \nThe Secretary shall— (A) submit to Congress each notice of objection submitted under paragraph (1); (B) notify Congress of each determination of the Administrator under paragraph (3), and submit to Congress the report required under subparagraph (B) of such paragraph, if applicable; and (C) notify Congress of any determination made by the Secretary pursuant to paragraph (4).", "id": "H7C1AC6981DF74D42872B7EFC8B58B7DA", "header": "Office of Advanced Aviation; Associate Administrator for Advanced Aviation", "nested": [ { "text": "(a) Establishment \nNot later than 1 year after the date of enactment of this Act, the Secretary shall redesignate the Office of NextGen as the Office of Advanced Aviation.", "id": "H443AD156E2E849468D0582AA2E5739E9", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Appointment \nNot later than 1 year after the date of enactment of this Act, the Secretary shall appoint an Associate Administrator for Advanced Aviation to head the Office of Advanced Aviation designated under subsection (a).", "id": "H353D49CB9B8847299534C4C09D1E2E77", "header": "Appointment", "nested": [], "links": [] }, { "text": "(c) Responsibilities \nThe responsibilities of the Associate Administrator for Advanced Aviation shall include the following: (1) Coordinate rulemaking and approval processes on matters relating to the standardization and certification of advanced aviation systems for use in the national airspace system. (2) Coordinate rulemaking and approval processes on matters relating to the safe operation and integration of advanced aviation systems in the national airspace system. (3) Coordinate activities and establish policies related to the integration of aeronautical radio frequency spectrum designated by the National Telecommunications and Information Administration of the Department of Commerce for use in the national airspace system. (4) Coordinate workforce planning across relevant offices of the Administration to— (A) hire and recruit personnel to— (i) research, develop, test, and evaluate advanced aviation systems; and (ii) process applications related to advanced aviation systems in a timely manner; (B) develop and submit a quarterly report to the Secretary and the Administrator, including— (i) core workforce requirements related to the research, development, testing and evaluation of advanced aviation systems by the Administration; (ii) core workforce requirements related to the safety, certification, and operational approval of advanced aviation systems by the Administration; and (iii) recommendations on staffing and budgetary resources needed to address areas of concern. (5) Coordinate rulemaking related to the international standardization and environmental effects of advanced aviation systems. (6) Advise the Administrator during internal and interagency coordination and rulemaking on counter-UAS systems and other matters related to advanced aviation systems. (7) Advise the Chief Technology Officer of the Administration on the development of enterprise architecture. (8) Validate supporting system requirements proposed by the Chief Technology Officer. (9) Consult with the Director of the William J. Hughes Technical Center for Advanced Aviation, as redesignated under section 5, to— (A) evaluate technologies related to advanced aviation systems; (B) inform processes and rulemaking related to advanced aviation systems; (C) identify new technologies that qualify as viable advanced aviation systems; and (D) coordinate referral of all technologies to the relevant office of the Administration. (10) Lead aviation rulemaking committees relevant to advanced aviation systems. (11) Consult with and assign tasks to the Advanced Aviation Advisory Committee. (12) Develop and implement a secure password-protected online portal that allows stakeholders with a new or pending certification or approval application to review the status of such application, receive notice of deadlines and major certification milestones, and identify the Administration office reviewing such application. (13) Implement pilot programs in partnership with advanced aviation stakeholders to provide data to support rulemaking and approval processes. (14) Serve as a representative of the Administration during interagency coordination of policies related to advanced aviation systems. (15) Promote the safe and responsible integration of advanced aviation systems into the national airspace system.", "id": "H461AE723FFC2496C88AC08796615CDF7", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(d) Notice of objection \n(1) In general \nIn carrying out the responsibilities described in subsection (c), the Associate Administrator for Advanced Aviation may submit to the Administrator a notice of objection with respect to— (A) a final rule of the Administration related to advanced aviation systems; (B) a determination by the Chief Technology Officer related to the establishment of enterprise architecture or supporting system requirements; (C) an airworthiness or type certification determination that relates to an advanced aviation system issued in accordance with section 44701 or 44704 of title 49, United States Code, or a modification or reversal of such determination; and (D) an waiver determination that relates to the operation of an advanced aviation system in the national airspace system issued in accordance with section 44701 or 44807 of title 49, United States Code, or a modification or reversal of such determination. (2) Contents of notice \nIn each notice of objection submitted under this subsection, the Associate Administrator shall include an explanation for the basis of each such objection. (3) Determination by Administrator \nNot later than 30 days after receiving a notice of objection under this subsection, the Administrator shall— (A) determine whether to agree with or overrule such objection; and (B) if the Administrator determines that such objection should be overruled, submit to the Secretary a report explaining the reasons for overruling such objection. (4) Determination by Secretary \nNot later than 30 days after receiving a report submitted under paragraph (3)(B), the Secretary may determine whether to allow the rule, determination, modification, or reversal to which the report relates to proceed. If the Secretary fails to make a determination under this paragraph, the determination made by the Administrator under paragraph (3) shall proceed. (5) Implementation of rule \nAny rule or determination that is the subject of a notice of objection submitted under this subsection shall not take effect during the period beginning on the date on which such notice is submitted and ending on the last day of the 30-day period described in paragraph (4). (6) Submission to Congress \nThe Secretary shall— (A) submit to Congress each notice of objection submitted under paragraph (1); (B) notify Congress of each determination of the Administrator under paragraph (3), and submit to Congress the report required under subparagraph (B) of such paragraph, if applicable; and (C) notify Congress of any determination made by the Secretary pursuant to paragraph (4).", "id": "H9E01728BC0404C839D1FEF5F822E5C77", "header": "Notice of objection", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Office of Advanced Integration \n(a) Establishment \nThe Associate Administrator for Advanced Aviation shall establish an Office of Advanced Integration within the Office of Advanced Aviation. (b) Designation \nNot later than 1 year after the date of enactment of this Act, the Associate Administrator, in consultation with the Administrator and Secretary, shall appoint a Director of Advanced Integration to head the Office of Advanced Integration. (c) Responsibilities \nThe Associate Administrator shall delegate to the Director of Advanced Integration the responsibilities described in paragraphs (1) through (5) of section 2(c). (d) Collaboration \nThe Director of Advanced Integration shall collaborate with— (1) the Executive Director of the Aircraft Certification Service of the Administration and the Executive Director of the Flight Standards Service of the Administration to carry out the responsibilities described in section 2(c)(1); (2) the Director for Air Traffic Services Operations Planning and Integration of the Administration to carry out the responsibilities described in section 2(c)(2); (3) the Vice President of Technical Operations of the Air Traffic Organization to carry out the responsibilities described in section 2(c)(3); (4) the Assistant Administrator for Finance and Management of the Administration to carry out the responsibilities described in section 2(c)(4); and (5) the Director of the Office of International Affairs of the Administration and the Director of the Office of Environment and Energy of the Administration to carry out the responsibilities described in section 2(c)(5).", "id": "H3DCE06170C6C41E681F83DCAF596D973", "header": "Office of Advanced Integration", "nested": [ { "text": "(a) Establishment \nThe Associate Administrator for Advanced Aviation shall establish an Office of Advanced Integration within the Office of Advanced Aviation.", "id": "H5F256DD5FB564C12A7EB938F62CDC91B", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Designation \nNot later than 1 year after the date of enactment of this Act, the Associate Administrator, in consultation with the Administrator and Secretary, shall appoint a Director of Advanced Integration to head the Office of Advanced Integration.", "id": "H799379ED267E4DA8948416C47E242C79", "header": "Designation", "nested": [], "links": [] }, { "text": "(c) Responsibilities \nThe Associate Administrator shall delegate to the Director of Advanced Integration the responsibilities described in paragraphs (1) through (5) of section 2(c).", "id": "HCDDA87AA4E96415C9EB7565C60D161C2", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(d) Collaboration \nThe Director of Advanced Integration shall collaborate with— (1) the Executive Director of the Aircraft Certification Service of the Administration and the Executive Director of the Flight Standards Service of the Administration to carry out the responsibilities described in section 2(c)(1); (2) the Director for Air Traffic Services Operations Planning and Integration of the Administration to carry out the responsibilities described in section 2(c)(2); (3) the Vice President of Technical Operations of the Air Traffic Organization to carry out the responsibilities described in section 2(c)(3); (4) the Assistant Administrator for Finance and Management of the Administration to carry out the responsibilities described in section 2(c)(4); and (5) the Director of the Office of International Affairs of the Administration and the Director of the Office of Environment and Energy of the Administration to carry out the responsibilities described in section 2(c)(5).", "id": "HB7C20267661D41259B1C2A6E09EC030E", "header": "Collaboration", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Advanced Aviation Coordination Unit \n(a) Establishment \nThe Secretary shall establish a coordination unit within the Administration to carry out the responsibilities described in subsection (d), to be known as the Advanced Aviation Coordination Unit. (b) Membership \nThe Advanced Aviation Coordination Unit shall consist of the head of each relevant office of the Administration, or an employee representing such office, including— (1) the Office of Advanced Integration established under section 3; (2) the William J. Hughes Technical Center for Advanced Aviation, as redesignated under section 5; (3) the Office of Aviation Safety; (4) the Aircraft Certification Service; (5) the Flight Standards Service; (6) Air Traffic Organization; (7) the Program Management Organization; (8) Technical Operations Services for the Air Traffic Organization; (9) the Office of Airports; (10) the Office of the Chief Counsel; (11) the Office of Commercial Space Transportation; (12) the Office of Environment and Energy; (13) the office headed by the Chief Technology Officer; and (14) the Office of Finance and Management. (c) Chair \n(1) In general \nThe Director of Advanced Integration shall serve as the Chair of the Advanced Aviation Coordination Unit, at the discretion of the Associate Administrator for Advanced Aviation. (2) Authority \nThe Chair may— (A) schedule meetings of the members of the Advanced Aviation Coordination Unit; (B) identify items for the members of the Advanced Aviation Coordination Unit to act on in fulfillment of the responsibilities described in subsection (d); and (C) submit to the Administrator, the Secretary, and Congress a notice of noncompliance indicating that a member of the Advanced Aviation Coordination Unit failed to participate in the Coordination Unit to the extent necessary to fulfill such responsibilities. (3) Consultation \nThe Chair shall consult with the Director of the William J. Hughes Technical Center for Advanced Aviation to identify new aviation-related technologies through the aviation innovation program established under section 5(c). (d) Responsibilities \nThe members of the Advanced Aviation Coordination Unit shall collaborate to— (1) promote the safe and responsible integration of advanced aviation systems into the national airspace system; (2) establish or improve processes related to such integration; (3) establish or improve processes related to the certification of advanced aviation systems; (4) develop clear and consistent standards related to advanced aviation systems; (5) ensure that determinations of the Administration related to advanced aviation systems are made in a timely manner; (6) proactively identify, discuss, and act on challenges related to the application and impact of radio frequency spectrum use in the national airspace system; and (7) identify innovative aviation technologies that may be integrated into the national airspace system. (e) Interagency coordination \nThe Secretary may facilitate coordination between interagency partners and the members of the Advanced Aviation Coordination Unit to fulfill the responsibilities described in subsection (d).", "id": "HC495129DB794499DA79CFC5ED1AFC261", "header": "Advanced Aviation Coordination Unit", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish a coordination unit within the Administration to carry out the responsibilities described in subsection (d), to be known as the Advanced Aviation Coordination Unit.", "id": "HD8E3EBC7253A467C9BD9D2D17A1911AE", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \nThe Advanced Aviation Coordination Unit shall consist of the head of each relevant office of the Administration, or an employee representing such office, including— (1) the Office of Advanced Integration established under section 3; (2) the William J. Hughes Technical Center for Advanced Aviation, as redesignated under section 5; (3) the Office of Aviation Safety; (4) the Aircraft Certification Service; (5) the Flight Standards Service; (6) Air Traffic Organization; (7) the Program Management Organization; (8) Technical Operations Services for the Air Traffic Organization; (9) the Office of Airports; (10) the Office of the Chief Counsel; (11) the Office of Commercial Space Transportation; (12) the Office of Environment and Energy; (13) the office headed by the Chief Technology Officer; and (14) the Office of Finance and Management.", "id": "H268208DC95874DBC8D55C644F92FE718", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Chair \n(1) In general \nThe Director of Advanced Integration shall serve as the Chair of the Advanced Aviation Coordination Unit, at the discretion of the Associate Administrator for Advanced Aviation. (2) Authority \nThe Chair may— (A) schedule meetings of the members of the Advanced Aviation Coordination Unit; (B) identify items for the members of the Advanced Aviation Coordination Unit to act on in fulfillment of the responsibilities described in subsection (d); and (C) submit to the Administrator, the Secretary, and Congress a notice of noncompliance indicating that a member of the Advanced Aviation Coordination Unit failed to participate in the Coordination Unit to the extent necessary to fulfill such responsibilities. (3) Consultation \nThe Chair shall consult with the Director of the William J. Hughes Technical Center for Advanced Aviation to identify new aviation-related technologies through the aviation innovation program established under section 5(c).", "id": "H24819878A4BF4D128D996C8B5CB013ED", "header": "Chair", "nested": [], "links": [] }, { "text": "(d) Responsibilities \nThe members of the Advanced Aviation Coordination Unit shall collaborate to— (1) promote the safe and responsible integration of advanced aviation systems into the national airspace system; (2) establish or improve processes related to such integration; (3) establish or improve processes related to the certification of advanced aviation systems; (4) develop clear and consistent standards related to advanced aviation systems; (5) ensure that determinations of the Administration related to advanced aviation systems are made in a timely manner; (6) proactively identify, discuss, and act on challenges related to the application and impact of radio frequency spectrum use in the national airspace system; and (7) identify innovative aviation technologies that may be integrated into the national airspace system.", "id": "H2A5BE434B74A4EB6862EBAE58ED639CC", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(e) Interagency coordination \nThe Secretary may facilitate coordination between interagency partners and the members of the Advanced Aviation Coordination Unit to fulfill the responsibilities described in subsection (d).", "id": "H43868839CE7E4D1BBC678EEABC28F876", "header": "Interagency coordination", "nested": [], "links": [] } ], "links": [] }, { "text": "5. William J. Hughes Technical Center for Advanced Aviation \n(a) Establishment \n(1) In general \nNot later than 1 year after date of enactment of this Act, the Secretary shall redesignate the William J. Hughes Technical Center as the William J. Hughes Technical Center for Advanced Aviation. (2) Director \nThe Director of the William J. Hughes Technical Center shall be known as Director of the William J. Hughes Technical Center for Advanced Aviation. (b) Responsibilities \nThe Director of the William J. Hughes Technical Center for Advanced Aviation shall be responsible for— (1) assuming all roles and responsibilities previously held by the Director of William J. Hughes Technical Center, including— (A) managing the research and development portfolio of the Administration and the Research and Development Advisory Committee; (B) preparing congressional reports relevant to such research, including the National Aviation Research Plan and Annual Review; (C) developing formal research partnerships with industry, academia, and other government agencies, and promoting the dissemination of federally funded research; (D) managing research grants and Centers of Excellence; (E) conducting aviation research, development, testing, evaluation activities, and sustainment activities, including field support, for new and existing national airspace system applications and technologies related to— (i) aerospace performance and planning, including reducing aviation hazards and aircraft safety assurance; (ii) airports; (iii) digital systems and technologies, including spectrum management and evolving aerospace operations; (iv) safety and health; (v) aircraft, weather, or human factors; (vi) pre-implementation air traffic management, including NextGen; (vii) testing during the development of air traffic control systems to verify performance; and (viii) flight testing; (F) maintaining and upholding test methods, standards, and policies of the Administration and providing independent test and evaluation to confirm products are operationally suitable and effective for use in the national airspace system; (G) developing performance-based standards with industry and domestic or international partners for advanced aviation systems and other global aviation harmonization activities; and (H) facilitating interagency engagement through the research team process; (2) assisting the Associate Administrator for Advanced Aviation in fulfilling the responsibilities described in paragraphs (7) and (8) of section 2(c); (3) managing the campus of the William J. Hughes Technical Center for Advanced Aviation, including— (A) conducting operations and maintenance, engineering design and construction, and operational support services for campus facilities owned by the Administration and Administration personnel residing on properties that are owned by the Administration and located on the campus; (B) operating, maintaining, and enhancing the support infrastructure of the campus, including buildings, roads, utilities, and land; (C) ensuring compliance with environmental laws, policies, directives, and initiatives; (D) managing lease agreements and land permits that support the missions of all Federal, State, and local agencies on the campus; (E) managing, modernizing, and enhancing the activities of the national airspace system laboratories and supporting the physical and virtual laboratories through configuration management, test bed maintenance and enhancement, laboratory scheduling, computer operations, documentation library services, and systems engineering; and (F) providing technical and engineering services for customers of such laboratories in support of research and development system installations and proof-of-concept testing; (4) overseeing all research, development, testing, evaluation, and sustainment activities related to advanced aviation systems; and (5) hosting domestic and international symposia, conferences, or technical interchange meetings with industry, academia, and other government agencies. (c) Aviation Innovation Program \n(1) Establishment \nThe Director of the William J. Hughes Technical Center for Advanced Aviation shall establish and manage a program to evaluate new aviation-related technologies proposed to be used in the national airspace system and facilitate the integration of such technologies into the national airspace system. (2) Components \n(A) In general \nIn carrying out the program established under paragraph (1), the Director shall— (i) encourage aviation industry stakeholders, innovators, and entrepreneurs to present to the Director aviation-related technologies for proposed use in the national airspace system; (ii) examine the effects of each such technology proposed under the program on the national airspace system and the potential benefits and risks of such technology, including the potential safety, social, economic, and workforce effects, and methods to safely integrate such technology into the national airspace system; and (iii) determine whether such technology could feasibly be integrated into the national airspace system. (B) Recommendations \nAfter examining a technology and making the determination required under subparagraph (A), the Director shall submit to the Associate Administrator for Advanced Aviation recommendations on— (i) whether such technology could feasibly and safely be integrated into the national airspace system; (ii) which office or offices should be responsible for designing and implementing policies, processes, and procedures related to such technology; and (iii) whether such technology may be considered an advanced aviation system. (C) Referral \nUpon receipt of a recommendation related to an aviation-related technology under subparagraph (B), the Associate Administrator for Advanced Aviation shall— (i) submit a summary of such recommendation to the Administrator and the Secretary; (ii) refer such technology to the relevant office of the Administration; and (iii) in the case of a recommendation by the Director that a technology be considered an advanced aviation system, refer such technology to the Advanced Aviation Coordination Unit established under section 4. (3) Collaboration \nIn examining each technology proposed under the program established under this subsection, the Director shall collaborate with subject matter experts from relevant offices of the Administration in an expeditious and thorough manner to provide an effective pathway for the development, demonstration, and adoption of such technology. (4) Partnerships \nThe Director may enter into partnerships with stakeholders to participate in the program established under this subsection. (d) Authority \nThe Director may establish cooperative research and development agreements and make grants to carry out this section. (e) Preservation \nThe redesignation of the William J. Hughes Technical Center under this section shall not affect any agreement between the William J. Hughes Technical Center and another entity that was in effect on the day before such redesignation occurs. (f) Conforming amendment \nSection 44507 of title 49, United States Code, is amended— (1) by striking (a) Civil aeromedical institute and all that follows through The Civil Aeromedical Institute established and inserting The Civil Aeromedical Institute established ; and (2) by striking subsection (b).", "id": "HDA8D63E86BA84C7E82BDFB8B650B51F8", "header": "William J. Hughes Technical Center for Advanced Aviation", "nested": [ { "text": "(a) Establishment \n(1) In general \nNot later than 1 year after date of enactment of this Act, the Secretary shall redesignate the William J. Hughes Technical Center as the William J. Hughes Technical Center for Advanced Aviation. (2) Director \nThe Director of the William J. Hughes Technical Center shall be known as Director of the William J. Hughes Technical Center for Advanced Aviation.", "id": "H482A938BCCEF4CE595E0A5FE80CAE7A4", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Responsibilities \nThe Director of the William J. Hughes Technical Center for Advanced Aviation shall be responsible for— (1) assuming all roles and responsibilities previously held by the Director of William J. Hughes Technical Center, including— (A) managing the research and development portfolio of the Administration and the Research and Development Advisory Committee; (B) preparing congressional reports relevant to such research, including the National Aviation Research Plan and Annual Review; (C) developing formal research partnerships with industry, academia, and other government agencies, and promoting the dissemination of federally funded research; (D) managing research grants and Centers of Excellence; (E) conducting aviation research, development, testing, evaluation activities, and sustainment activities, including field support, for new and existing national airspace system applications and technologies related to— (i) aerospace performance and planning, including reducing aviation hazards and aircraft safety assurance; (ii) airports; (iii) digital systems and technologies, including spectrum management and evolving aerospace operations; (iv) safety and health; (v) aircraft, weather, or human factors; (vi) pre-implementation air traffic management, including NextGen; (vii) testing during the development of air traffic control systems to verify performance; and (viii) flight testing; (F) maintaining and upholding test methods, standards, and policies of the Administration and providing independent test and evaluation to confirm products are operationally suitable and effective for use in the national airspace system; (G) developing performance-based standards with industry and domestic or international partners for advanced aviation systems and other global aviation harmonization activities; and (H) facilitating interagency engagement through the research team process; (2) assisting the Associate Administrator for Advanced Aviation in fulfilling the responsibilities described in paragraphs (7) and (8) of section 2(c); (3) managing the campus of the William J. Hughes Technical Center for Advanced Aviation, including— (A) conducting operations and maintenance, engineering design and construction, and operational support services for campus facilities owned by the Administration and Administration personnel residing on properties that are owned by the Administration and located on the campus; (B) operating, maintaining, and enhancing the support infrastructure of the campus, including buildings, roads, utilities, and land; (C) ensuring compliance with environmental laws, policies, directives, and initiatives; (D) managing lease agreements and land permits that support the missions of all Federal, State, and local agencies on the campus; (E) managing, modernizing, and enhancing the activities of the national airspace system laboratories and supporting the physical and virtual laboratories through configuration management, test bed maintenance and enhancement, laboratory scheduling, computer operations, documentation library services, and systems engineering; and (F) providing technical and engineering services for customers of such laboratories in support of research and development system installations and proof-of-concept testing; (4) overseeing all research, development, testing, evaluation, and sustainment activities related to advanced aviation systems; and (5) hosting domestic and international symposia, conferences, or technical interchange meetings with industry, academia, and other government agencies.", "id": "HB375F0DB8CBF448BABBCE7E489ADBAF8", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(c) Aviation Innovation Program \n(1) Establishment \nThe Director of the William J. Hughes Technical Center for Advanced Aviation shall establish and manage a program to evaluate new aviation-related technologies proposed to be used in the national airspace system and facilitate the integration of such technologies into the national airspace system. (2) Components \n(A) In general \nIn carrying out the program established under paragraph (1), the Director shall— (i) encourage aviation industry stakeholders, innovators, and entrepreneurs to present to the Director aviation-related technologies for proposed use in the national airspace system; (ii) examine the effects of each such technology proposed under the program on the national airspace system and the potential benefits and risks of such technology, including the potential safety, social, economic, and workforce effects, and methods to safely integrate such technology into the national airspace system; and (iii) determine whether such technology could feasibly be integrated into the national airspace system. (B) Recommendations \nAfter examining a technology and making the determination required under subparagraph (A), the Director shall submit to the Associate Administrator for Advanced Aviation recommendations on— (i) whether such technology could feasibly and safely be integrated into the national airspace system; (ii) which office or offices should be responsible for designing and implementing policies, processes, and procedures related to such technology; and (iii) whether such technology may be considered an advanced aviation system. (C) Referral \nUpon receipt of a recommendation related to an aviation-related technology under subparagraph (B), the Associate Administrator for Advanced Aviation shall— (i) submit a summary of such recommendation to the Administrator and the Secretary; (ii) refer such technology to the relevant office of the Administration; and (iii) in the case of a recommendation by the Director that a technology be considered an advanced aviation system, refer such technology to the Advanced Aviation Coordination Unit established under section 4. (3) Collaboration \nIn examining each technology proposed under the program established under this subsection, the Director shall collaborate with subject matter experts from relevant offices of the Administration in an expeditious and thorough manner to provide an effective pathway for the development, demonstration, and adoption of such technology. (4) Partnerships \nThe Director may enter into partnerships with stakeholders to participate in the program established under this subsection.", "id": "HF47C0D8D99CA4F7A9434B3A08B34FAEB", "header": "Aviation Innovation Program", "nested": [], "links": [] }, { "text": "(d) Authority \nThe Director may establish cooperative research and development agreements and make grants to carry out this section.", "id": "H5E7D988DABCF43B2BEFA3FACE3F40298", "header": "Authority", "nested": [], "links": [] }, { "text": "(e) Preservation \nThe redesignation of the William J. Hughes Technical Center under this section shall not affect any agreement between the William J. Hughes Technical Center and another entity that was in effect on the day before such redesignation occurs.", "id": "H1A38C5A3366E484A812D12DC82868C4C", "header": "Preservation", "nested": [], "links": [] }, { "text": "(f) Conforming amendment \nSection 44507 of title 49, United States Code, is amended— (1) by striking (a) Civil aeromedical institute and all that follows through The Civil Aeromedical Institute established and inserting The Civil Aeromedical Institute established ; and (2) by striking subsection (b).", "id": "HCBEA1B40A59C40A0842576BEC06D41B5", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the Federal Aviation Administration. (2) Administration \nThe term Administration means the Federal Aviation Administration. (3) Advanced aviation system \nThe term advanced aviation system means— (A) an unmanned aircraft system; (B) a counter-UAS system; (C) a powered lift aircraft; (D) a technology related to— (i) advanced air mobility; (ii) the ability of an aircraft to detect surroundings and avoid impacts; (iii) autonomous functioning of aircraft; (iv) supersonic aircraft capabilities; (v) electric or hydrogen based aircraft propulsion; or (vi) evolving aerospace operations including new aircraft, airport, weather, or digital systems; (E) a technology that— (i) relates to the telecommunication capabilities of aircraft; or (ii) functions in the 5G band, 6G band, or other high-frequency spectrum bands as designated by the National Telecommunications and Information Administration for use as aeronautical radio frequency spectrum; or (F) any other aviation-related technology that the Associate Administrator for Advanced Aviation determines qualifies as an advanced aviation system that could feasibly be integrated into the national airspace system. (4) Counter-uas system; unmanned aircraft system \nThe terms counter-UAS system and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code. (5) Secretary \nThe term Secretary means the Secretary of Transportation.", "id": "HD881343F257B4D0C8996CD0703777A94", "header": "Definitions", "nested": [], "links": [] } ]
6
1. Short title This Act may be cited as the Advanced Aviation Act. 2. Office of Advanced Aviation; Associate Administrator for Advanced Aviation (a) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall redesignate the Office of NextGen as the Office of Advanced Aviation. (b) Appointment Not later than 1 year after the date of enactment of this Act, the Secretary shall appoint an Associate Administrator for Advanced Aviation to head the Office of Advanced Aviation designated under subsection (a). (c) Responsibilities The responsibilities of the Associate Administrator for Advanced Aviation shall include the following: (1) Coordinate rulemaking and approval processes on matters relating to the standardization and certification of advanced aviation systems for use in the national airspace system. (2) Coordinate rulemaking and approval processes on matters relating to the safe operation and integration of advanced aviation systems in the national airspace system. (3) Coordinate activities and establish policies related to the integration of aeronautical radio frequency spectrum designated by the National Telecommunications and Information Administration of the Department of Commerce for use in the national airspace system. (4) Coordinate workforce planning across relevant offices of the Administration to— (A) hire and recruit personnel to— (i) research, develop, test, and evaluate advanced aviation systems; and (ii) process applications related to advanced aviation systems in a timely manner; (B) develop and submit a quarterly report to the Secretary and the Administrator, including— (i) core workforce requirements related to the research, development, testing and evaluation of advanced aviation systems by the Administration; (ii) core workforce requirements related to the safety, certification, and operational approval of advanced aviation systems by the Administration; and (iii) recommendations on staffing and budgetary resources needed to address areas of concern. (5) Coordinate rulemaking related to the international standardization and environmental effects of advanced aviation systems. (6) Advise the Administrator during internal and interagency coordination and rulemaking on counter-UAS systems and other matters related to advanced aviation systems. (7) Advise the Chief Technology Officer of the Administration on the development of enterprise architecture. (8) Validate supporting system requirements proposed by the Chief Technology Officer. (9) Consult with the Director of the William J. Hughes Technical Center for Advanced Aviation, as redesignated under section 5, to— (A) evaluate technologies related to advanced aviation systems; (B) inform processes and rulemaking related to advanced aviation systems; (C) identify new technologies that qualify as viable advanced aviation systems; and (D) coordinate referral of all technologies to the relevant office of the Administration. (10) Lead aviation rulemaking committees relevant to advanced aviation systems. (11) Consult with and assign tasks to the Advanced Aviation Advisory Committee. (12) Develop and implement a secure password-protected online portal that allows stakeholders with a new or pending certification or approval application to review the status of such application, receive notice of deadlines and major certification milestones, and identify the Administration office reviewing such application. (13) Implement pilot programs in partnership with advanced aviation stakeholders to provide data to support rulemaking and approval processes. (14) Serve as a representative of the Administration during interagency coordination of policies related to advanced aviation systems. (15) Promote the safe and responsible integration of advanced aviation systems into the national airspace system. (d) Notice of objection (1) In general In carrying out the responsibilities described in subsection (c), the Associate Administrator for Advanced Aviation may submit to the Administrator a notice of objection with respect to— (A) a final rule of the Administration related to advanced aviation systems; (B) a determination by the Chief Technology Officer related to the establishment of enterprise architecture or supporting system requirements; (C) an airworthiness or type certification determination that relates to an advanced aviation system issued in accordance with section 44701 or 44704 of title 49, United States Code, or a modification or reversal of such determination; and (D) an waiver determination that relates to the operation of an advanced aviation system in the national airspace system issued in accordance with section 44701 or 44807 of title 49, United States Code, or a modification or reversal of such determination. (2) Contents of notice In each notice of objection submitted under this subsection, the Associate Administrator shall include an explanation for the basis of each such objection. (3) Determination by Administrator Not later than 30 days after receiving a notice of objection under this subsection, the Administrator shall— (A) determine whether to agree with or overrule such objection; and (B) if the Administrator determines that such objection should be overruled, submit to the Secretary a report explaining the reasons for overruling such objection. (4) Determination by Secretary Not later than 30 days after receiving a report submitted under paragraph (3)(B), the Secretary may determine whether to allow the rule, determination, modification, or reversal to which the report relates to proceed. If the Secretary fails to make a determination under this paragraph, the determination made by the Administrator under paragraph (3) shall proceed. (5) Implementation of rule Any rule or determination that is the subject of a notice of objection submitted under this subsection shall not take effect during the period beginning on the date on which such notice is submitted and ending on the last day of the 30-day period described in paragraph (4). (6) Submission to Congress The Secretary shall— (A) submit to Congress each notice of objection submitted under paragraph (1); (B) notify Congress of each determination of the Administrator under paragraph (3), and submit to Congress the report required under subparagraph (B) of such paragraph, if applicable; and (C) notify Congress of any determination made by the Secretary pursuant to paragraph (4). 3. Office of Advanced Integration (a) Establishment The Associate Administrator for Advanced Aviation shall establish an Office of Advanced Integration within the Office of Advanced Aviation. (b) Designation Not later than 1 year after the date of enactment of this Act, the Associate Administrator, in consultation with the Administrator and Secretary, shall appoint a Director of Advanced Integration to head the Office of Advanced Integration. (c) Responsibilities The Associate Administrator shall delegate to the Director of Advanced Integration the responsibilities described in paragraphs (1) through (5) of section 2(c). (d) Collaboration The Director of Advanced Integration shall collaborate with— (1) the Executive Director of the Aircraft Certification Service of the Administration and the Executive Director of the Flight Standards Service of the Administration to carry out the responsibilities described in section 2(c)(1); (2) the Director for Air Traffic Services Operations Planning and Integration of the Administration to carry out the responsibilities described in section 2(c)(2); (3) the Vice President of Technical Operations of the Air Traffic Organization to carry out the responsibilities described in section 2(c)(3); (4) the Assistant Administrator for Finance and Management of the Administration to carry out the responsibilities described in section 2(c)(4); and (5) the Director of the Office of International Affairs of the Administration and the Director of the Office of Environment and Energy of the Administration to carry out the responsibilities described in section 2(c)(5). 4. Advanced Aviation Coordination Unit (a) Establishment The Secretary shall establish a coordination unit within the Administration to carry out the responsibilities described in subsection (d), to be known as the Advanced Aviation Coordination Unit. (b) Membership The Advanced Aviation Coordination Unit shall consist of the head of each relevant office of the Administration, or an employee representing such office, including— (1) the Office of Advanced Integration established under section 3; (2) the William J. Hughes Technical Center for Advanced Aviation, as redesignated under section 5; (3) the Office of Aviation Safety; (4) the Aircraft Certification Service; (5) the Flight Standards Service; (6) Air Traffic Organization; (7) the Program Management Organization; (8) Technical Operations Services for the Air Traffic Organization; (9) the Office of Airports; (10) the Office of the Chief Counsel; (11) the Office of Commercial Space Transportation; (12) the Office of Environment and Energy; (13) the office headed by the Chief Technology Officer; and (14) the Office of Finance and Management. (c) Chair (1) In general The Director of Advanced Integration shall serve as the Chair of the Advanced Aviation Coordination Unit, at the discretion of the Associate Administrator for Advanced Aviation. (2) Authority The Chair may— (A) schedule meetings of the members of the Advanced Aviation Coordination Unit; (B) identify items for the members of the Advanced Aviation Coordination Unit to act on in fulfillment of the responsibilities described in subsection (d); and (C) submit to the Administrator, the Secretary, and Congress a notice of noncompliance indicating that a member of the Advanced Aviation Coordination Unit failed to participate in the Coordination Unit to the extent necessary to fulfill such responsibilities. (3) Consultation The Chair shall consult with the Director of the William J. Hughes Technical Center for Advanced Aviation to identify new aviation-related technologies through the aviation innovation program established under section 5(c). (d) Responsibilities The members of the Advanced Aviation Coordination Unit shall collaborate to— (1) promote the safe and responsible integration of advanced aviation systems into the national airspace system; (2) establish or improve processes related to such integration; (3) establish or improve processes related to the certification of advanced aviation systems; (4) develop clear and consistent standards related to advanced aviation systems; (5) ensure that determinations of the Administration related to advanced aviation systems are made in a timely manner; (6) proactively identify, discuss, and act on challenges related to the application and impact of radio frequency spectrum use in the national airspace system; and (7) identify innovative aviation technologies that may be integrated into the national airspace system. (e) Interagency coordination The Secretary may facilitate coordination between interagency partners and the members of the Advanced Aviation Coordination Unit to fulfill the responsibilities described in subsection (d). 5. William J. Hughes Technical Center for Advanced Aviation (a) Establishment (1) In general Not later than 1 year after date of enactment of this Act, the Secretary shall redesignate the William J. Hughes Technical Center as the William J. Hughes Technical Center for Advanced Aviation. (2) Director The Director of the William J. Hughes Technical Center shall be known as Director of the William J. Hughes Technical Center for Advanced Aviation. (b) Responsibilities The Director of the William J. Hughes Technical Center for Advanced Aviation shall be responsible for— (1) assuming all roles and responsibilities previously held by the Director of William J. Hughes Technical Center, including— (A) managing the research and development portfolio of the Administration and the Research and Development Advisory Committee; (B) preparing congressional reports relevant to such research, including the National Aviation Research Plan and Annual Review; (C) developing formal research partnerships with industry, academia, and other government agencies, and promoting the dissemination of federally funded research; (D) managing research grants and Centers of Excellence; (E) conducting aviation research, development, testing, evaluation activities, and sustainment activities, including field support, for new and existing national airspace system applications and technologies related to— (i) aerospace performance and planning, including reducing aviation hazards and aircraft safety assurance; (ii) airports; (iii) digital systems and technologies, including spectrum management and evolving aerospace operations; (iv) safety and health; (v) aircraft, weather, or human factors; (vi) pre-implementation air traffic management, including NextGen; (vii) testing during the development of air traffic control systems to verify performance; and (viii) flight testing; (F) maintaining and upholding test methods, standards, and policies of the Administration and providing independent test and evaluation to confirm products are operationally suitable and effective for use in the national airspace system; (G) developing performance-based standards with industry and domestic or international partners for advanced aviation systems and other global aviation harmonization activities; and (H) facilitating interagency engagement through the research team process; (2) assisting the Associate Administrator for Advanced Aviation in fulfilling the responsibilities described in paragraphs (7) and (8) of section 2(c); (3) managing the campus of the William J. Hughes Technical Center for Advanced Aviation, including— (A) conducting operations and maintenance, engineering design and construction, and operational support services for campus facilities owned by the Administration and Administration personnel residing on properties that are owned by the Administration and located on the campus; (B) operating, maintaining, and enhancing the support infrastructure of the campus, including buildings, roads, utilities, and land; (C) ensuring compliance with environmental laws, policies, directives, and initiatives; (D) managing lease agreements and land permits that support the missions of all Federal, State, and local agencies on the campus; (E) managing, modernizing, and enhancing the activities of the national airspace system laboratories and supporting the physical and virtual laboratories through configuration management, test bed maintenance and enhancement, laboratory scheduling, computer operations, documentation library services, and systems engineering; and (F) providing technical and engineering services for customers of such laboratories in support of research and development system installations and proof-of-concept testing; (4) overseeing all research, development, testing, evaluation, and sustainment activities related to advanced aviation systems; and (5) hosting domestic and international symposia, conferences, or technical interchange meetings with industry, academia, and other government agencies. (c) Aviation Innovation Program (1) Establishment The Director of the William J. Hughes Technical Center for Advanced Aviation shall establish and manage a program to evaluate new aviation-related technologies proposed to be used in the national airspace system and facilitate the integration of such technologies into the national airspace system. (2) Components (A) In general In carrying out the program established under paragraph (1), the Director shall— (i) encourage aviation industry stakeholders, innovators, and entrepreneurs to present to the Director aviation-related technologies for proposed use in the national airspace system; (ii) examine the effects of each such technology proposed under the program on the national airspace system and the potential benefits and risks of such technology, including the potential safety, social, economic, and workforce effects, and methods to safely integrate such technology into the national airspace system; and (iii) determine whether such technology could feasibly be integrated into the national airspace system. (B) Recommendations After examining a technology and making the determination required under subparagraph (A), the Director shall submit to the Associate Administrator for Advanced Aviation recommendations on— (i) whether such technology could feasibly and safely be integrated into the national airspace system; (ii) which office or offices should be responsible for designing and implementing policies, processes, and procedures related to such technology; and (iii) whether such technology may be considered an advanced aviation system. (C) Referral Upon receipt of a recommendation related to an aviation-related technology under subparagraph (B), the Associate Administrator for Advanced Aviation shall— (i) submit a summary of such recommendation to the Administrator and the Secretary; (ii) refer such technology to the relevant office of the Administration; and (iii) in the case of a recommendation by the Director that a technology be considered an advanced aviation system, refer such technology to the Advanced Aviation Coordination Unit established under section 4. (3) Collaboration In examining each technology proposed under the program established under this subsection, the Director shall collaborate with subject matter experts from relevant offices of the Administration in an expeditious and thorough manner to provide an effective pathway for the development, demonstration, and adoption of such technology. (4) Partnerships The Director may enter into partnerships with stakeholders to participate in the program established under this subsection. (d) Authority The Director may establish cooperative research and development agreements and make grants to carry out this section. (e) Preservation The redesignation of the William J. Hughes Technical Center under this section shall not affect any agreement between the William J. Hughes Technical Center and another entity that was in effect on the day before such redesignation occurs. (f) Conforming amendment Section 44507 of title 49, United States Code, is amended— (1) by striking (a) Civil aeromedical institute and all that follows through The Civil Aeromedical Institute established and inserting The Civil Aeromedical Institute established ; and (2) by striking subsection (b). 6. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Federal Aviation Administration. (2) Administration The term Administration means the Federal Aviation Administration. (3) Advanced aviation system The term advanced aviation system means— (A) an unmanned aircraft system; (B) a counter-UAS system; (C) a powered lift aircraft; (D) a technology related to— (i) advanced air mobility; (ii) the ability of an aircraft to detect surroundings and avoid impacts; (iii) autonomous functioning of aircraft; (iv) supersonic aircraft capabilities; (v) electric or hydrogen based aircraft propulsion; or (vi) evolving aerospace operations including new aircraft, airport, weather, or digital systems; (E) a technology that— (i) relates to the telecommunication capabilities of aircraft; or (ii) functions in the 5G band, 6G band, or other high-frequency spectrum bands as designated by the National Telecommunications and Information Administration for use as aeronautical radio frequency spectrum; or (F) any other aviation-related technology that the Associate Administrator for Advanced Aviation determines qualifies as an advanced aviation system that could feasibly be integrated into the national airspace system. (4) Counter-uas system; unmanned aircraft system The terms counter-UAS system and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code. (5) Secretary The term Secretary means the Secretary of Transportation.
20,152
[ "Transportation and Infrastructure Committee", "Science, Space, and Technology Committee" ]
118hr4984rfs
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To direct the Secretary of the Interior to transfer administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus to the District of Columbia so that the District may use the Campus for purposes including residential and commercial development, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the D.C. Robert F. Kennedy Memorial Stadium Campus Revitalization Act.", "id": "H9B6A1C8B525344F3B230E4A9F432F211", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Transfer of administrative jurisdiction over RFK Memorial Stadium Campus to District of Columbia \n(a) Exercise of transfer authority \n(1) Transfer \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Interior (hereafter referred to as the Secretary ), acting under the authority of section 8124 of title 40, United States Code (except as provided under paragraph (2)), shall transfer administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus (hereafter referred to as the Campus ) to the District of Columbia (hereafter referred to as the District ), subject to a Declaration of Covenants with the District which is consistent with the succeeding provisions of this Act and which includes such other terms and conditions as may be agreed to by the Secretary and the District. (2) Waiver of requirement for prior recommendation of national capital planning commission \nThe second sentence of section 8124(a) of title 40, United States Code, shall not apply to the transfer of administrative jurisdiction over the Campus under this section. (3) No effect on status of ownership of campus \nConsistent with section 8124 of title 40, United States Code, the transfer of administrative jurisdiction over the Campus under this section does not change the status of the ownership of the Campus by the United States. (b) Development and uses of campus \nAfter transfer of administrative jurisdiction over the Campus under this section, the District may develop and use, and permit the development and use of, the Campus for any of the following purposes: (1) Stadium purposes, including training facilities, offices, and other structures necessary to support a stadium. (2) Commercial and residential development. (3) Facilities, open space, and public outdoor opportunities, which may include supporting cultural activities, educational activities, and recreational activities, as such terms are defined in section 3306(a) of title 40, United States Code. (4) Such other public purposes for which the Campus was used or approved for use prior to June 1, 1985. (5) Demolition purposes to facilitate development and use of the Campus under subparagraphs (1) through (4). (c) Specific requirements relating to development and use of campus \nThe Declaration of Covenants entered into under subsection (a)(1) shall include provisions to require the District to meet the following requirements as a condition of the development and use of the Campus as set forth under subsection (b) after transfer of administrative jurisdiction over the Campus under this section: (1) The District shall ensure that the development and use does not materially degrade or adversely impact any lands under the jurisdiction of the National Park Service, including the restoration of the wetlands south of Kingman Island. (2) The District shall designate, develop, operate, and maintain at least 30 percent of the Campus (excluding the riparian area of the Campus as defined in subsection (g)(2)) as the Robert F. Kennedy Memorial Park as parks and open space to provide land for passive and active outdoor recreation and shall require that portion to be reserved for such purposes for the duration of the transfer. (3) The District shall ensure that the development and use provides for improved public access to the Anacostia River and shall not interrupt the Anacostia River Trail. (4) The District shall, to the extent necessary, ensure that parking facilities are provided to accommodate the development. (5) The District shall provide for adequate public safety and security measures and resources in the planning and ongoing management of the development. (6) The District shall carry out measures that, to the greatest extent practicable, will reduce the impact of noise and traffic of the development on surrounding residential areas in the District. (7) The District shall operate and maintain the riparian area of the Campus in accordance with subsection (g). (8) The District shall ensure that no Member of Congress, Delegate or Resident Commissioner to the Congress, or any other official of the Government of the United States or the Government of the District of Columbia shall be admitted to any share or part of any lease entered into by the District in the exercise of the administrative jurisdiction over the Campus transferred under this section, or to any benefit that may arise therefrom, including any contract or agreement made, entered into, or accepted by or on behalf of the District as a result of this section. Nothing in the previous sentence may be construed to apply to a person who is a shareholder or other beneficial owner of any publicly held corporation or other entity, if the lease is for the general benefit of such corporation or other entity. (d) Survey \n(1) Requiring survey \nAs soon as practicable after the date of the enactment of this Act, the District shall conduct a survey of the Campus, which shall determine the exact acreage and legal description of the Campus by a boundary survey prepared by a qualified Federally-, State-, or District-licensed surveyor who is approved by the Secretary. (2) Submission to congress \nUpon completion, the survey conducted under paragraph (1) shall be submitted to— (A) the Committee on Oversight and Accountability and the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Energy and Natural Resources of the Senate. (3) Incorporation in declaration of covenants for transfer \nThe survey conducted under paragraph (1) shall be incorporated in the Declaration of Covenants entered into under subsection (a)(1). (4) Availability of survey and map for public inspection \nThe survey conducted under paragraph (1), together with the map of the Campus referred to in subsection (m), shall be kept on file and available for public inspection in the appropriate offices of the Secretary. (e) Memorandum of understanding \nAs a condition of the development and use of the Campus after transfer of administrative jurisdiction over the Campus under this section, the Secretary and the District shall enter into a memorandum of understanding to determine an allocation of the costs of carrying out all responsibilities of the United States and the District with respect to the Campus under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ), including any costs of any response action with respect to any contamination present on the Campus. (f) Costs \n(1) Costs of transfer \nThe District shall be responsible for payment of any costs of carrying out the transfer of administrative jurisdiction over the Campus under this section, including— (A) any costs of carrying out the survey under subsection (d); and (B) any costs of carrying out any environmental analysis required under Federal law. (2) Costs after transfer \nExcept as provided under the memorandum of understanding entered into under subsection (e), the Secretary shall not be responsible for payment of any costs or expenses that are incurred by the District or any other party (other than the United States) associated with the Campus after the transfer of administrative jurisdiction under this section. (g) Special rules for riparian area \n(1) Restriction on development and use \nThe Declaration of Covenants entered into under subsection (a)(1) shall include provisions to ensure that the riparian area of the Campus may not be developed or used for any purposes other than the continuing maintenance of any development, use, or infrastructure (including roads and pathways) existing at the time of the execution of the transfer of administrative jurisdiction over the Campus under this section. (2) Riparian area of the campus defined \nIn this subsection, the term riparian area of the Campus means the area designated in the map referred to in subsection (m) as Riparian Area (Area F). (h) Prohibiting use of federal funds for stadium \nThe Declaration of Covenants entered into under subsection (a)(1) shall include provisions to ensure that the District may not use Federal funds for stadium purposes on the Campus, including training facilities, offices, and other structures necessary to support a stadium. (i) Term \nThe transfer of administrative jurisdiction over the Campus under this section shall be in effect for a term of not less than 99 years, and may be renewed for subsequent periods agreed to by the Secretary and the District. (j) Reversion of administrative jurisdiction \n(1) Grounds for reversion \nThe Declaration of Covenants entered into under subsection (a)(1) shall include provisions stating that administrative jurisdiction over the Campus transferred under this section shall revert to the Secretary if each of the following occurs: (A) The terms and conditions of the Declaration of Covenants have not been complied with, as reasonably determined by the Secretary. (B) Such noncompliance has not been corrected within 90 days after written notice of such noncompliance has been received by the District. Such noncompliance shall be treated as corrected if the District and the Secretary enter into an agreement that the Secretary finds adequate to ensure that the Campus will be developed and used in a manner consistent with the purposes referred to in subsection (b). (2) Timing \nThe Secretary may not seek the reversion of administrative jurisdiction over the Campus under this subsection before the expiration of 90 days after the date on which written notice of the alleged violation is received by the District. The notice shall include notice of the Secretary’s intention for administrative jurisdiction over the Campus to revert to the Secretary. (3) Cost of rehabilitating property \nThe Declaration of Covenants entered into under subsection (a)(1) shall include provisions requiring the District to bear the actual cost of removing structures from or rehabilitating the Campus if administrative jurisdiction over the Campus reverts to the Secretary under this subsection. (k) Rule of construction related to the applicability to the administrative jurisdiction transfer \nNothing in this section may be construed to affect or limit the application of or obligation to comply with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ). (l) Conforming amendment; termination of existing lease \nEffective on the date of the transfer of administrative jurisdiction over the Campus under this section— (1) the District of Columbia Stadium Act of 1957 (sec. 3–321 et seq., D.C. Official Code) is repealed; and (2) the lease dated January 14, 1988, between the United States and the District for the use of the Campus, as authorized by section 7(b)(1)(B) of such Act (sec. 3–326(b)(1)(B), D.C. Official Code), is terminated. (m) Definition \nIn this Act, the term Robert F. Kennedy Memorial Stadium Campus means the approximately 174 acres of Federal land as generally depicted on the map entitled Anacostia Park, Robert F. Kennedy Memorial Stadium Campus – Transfer of Administrative Jurisdiction , numbered 831/189,767, and dated January 2024.", "id": "H54A40A3330744E6BA24A3C4C7D5C1004", "header": "Transfer of administrative jurisdiction over RFK Memorial Stadium Campus to District of Columbia", "nested": [ { "text": "(a) Exercise of transfer authority \n(1) Transfer \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Interior (hereafter referred to as the Secretary ), acting under the authority of section 8124 of title 40, United States Code (except as provided under paragraph (2)), shall transfer administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus (hereafter referred to as the Campus ) to the District of Columbia (hereafter referred to as the District ), subject to a Declaration of Covenants with the District which is consistent with the succeeding provisions of this Act and which includes such other terms and conditions as may be agreed to by the Secretary and the District. (2) Waiver of requirement for prior recommendation of national capital planning commission \nThe second sentence of section 8124(a) of title 40, United States Code, shall not apply to the transfer of administrative jurisdiction over the Campus under this section. (3) No effect on status of ownership of campus \nConsistent with section 8124 of title 40, United States Code, the transfer of administrative jurisdiction over the Campus under this section does not change the status of the ownership of the Campus by the United States.", "id": "H6989FFD584D34658A2678521E101615F", "header": "Exercise of transfer authority", "nested": [], "links": [] }, { "text": "(b) Development and uses of campus \nAfter transfer of administrative jurisdiction over the Campus under this section, the District may develop and use, and permit the development and use of, the Campus for any of the following purposes: (1) Stadium purposes, including training facilities, offices, and other structures necessary to support a stadium. (2) Commercial and residential development. (3) Facilities, open space, and public outdoor opportunities, which may include supporting cultural activities, educational activities, and recreational activities, as such terms are defined in section 3306(a) of title 40, United States Code. (4) Such other public purposes for which the Campus was used or approved for use prior to June 1, 1985. (5) Demolition purposes to facilitate development and use of the Campus under subparagraphs (1) through (4).", "id": "H030C98CC0FC14906B52C553BBA1F73A4", "header": "Development and uses of campus", "nested": [], "links": [] }, { "text": "(c) Specific requirements relating to development and use of campus \nThe Declaration of Covenants entered into under subsection (a)(1) shall include provisions to require the District to meet the following requirements as a condition of the development and use of the Campus as set forth under subsection (b) after transfer of administrative jurisdiction over the Campus under this section: (1) The District shall ensure that the development and use does not materially degrade or adversely impact any lands under the jurisdiction of the National Park Service, including the restoration of the wetlands south of Kingman Island. (2) The District shall designate, develop, operate, and maintain at least 30 percent of the Campus (excluding the riparian area of the Campus as defined in subsection (g)(2)) as the Robert F. Kennedy Memorial Park as parks and open space to provide land for passive and active outdoor recreation and shall require that portion to be reserved for such purposes for the duration of the transfer. (3) The District shall ensure that the development and use provides for improved public access to the Anacostia River and shall not interrupt the Anacostia River Trail. (4) The District shall, to the extent necessary, ensure that parking facilities are provided to accommodate the development. (5) The District shall provide for adequate public safety and security measures and resources in the planning and ongoing management of the development. (6) The District shall carry out measures that, to the greatest extent practicable, will reduce the impact of noise and traffic of the development on surrounding residential areas in the District. (7) The District shall operate and maintain the riparian area of the Campus in accordance with subsection (g). (8) The District shall ensure that no Member of Congress, Delegate or Resident Commissioner to the Congress, or any other official of the Government of the United States or the Government of the District of Columbia shall be admitted to any share or part of any lease entered into by the District in the exercise of the administrative jurisdiction over the Campus transferred under this section, or to any benefit that may arise therefrom, including any contract or agreement made, entered into, or accepted by or on behalf of the District as a result of this section. Nothing in the previous sentence may be construed to apply to a person who is a shareholder or other beneficial owner of any publicly held corporation or other entity, if the lease is for the general benefit of such corporation or other entity.", "id": "H6013CA9356F94DE4B0250D0DAF2ED62F", "header": "Specific requirements relating to development and use of campus", "nested": [], "links": [] }, { "text": "(d) Survey \n(1) Requiring survey \nAs soon as practicable after the date of the enactment of this Act, the District shall conduct a survey of the Campus, which shall determine the exact acreage and legal description of the Campus by a boundary survey prepared by a qualified Federally-, State-, or District-licensed surveyor who is approved by the Secretary. (2) Submission to congress \nUpon completion, the survey conducted under paragraph (1) shall be submitted to— (A) the Committee on Oversight and Accountability and the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Energy and Natural Resources of the Senate. (3) Incorporation in declaration of covenants for transfer \nThe survey conducted under paragraph (1) shall be incorporated in the Declaration of Covenants entered into under subsection (a)(1). (4) Availability of survey and map for public inspection \nThe survey conducted under paragraph (1), together with the map of the Campus referred to in subsection (m), shall be kept on file and available for public inspection in the appropriate offices of the Secretary.", "id": "H31BE34A58C8E41F4870BA08DC46EDCFC", "header": "Survey", "nested": [], "links": [] }, { "text": "(e) Memorandum of understanding \nAs a condition of the development and use of the Campus after transfer of administrative jurisdiction over the Campus under this section, the Secretary and the District shall enter into a memorandum of understanding to determine an allocation of the costs of carrying out all responsibilities of the United States and the District with respect to the Campus under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ), including any costs of any response action with respect to any contamination present on the Campus.", "id": "HD9FA5975A4C1426EAFAD0C0CF3417A26", "header": "Memorandum of understanding", "nested": [], "links": [ { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 6901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6901" } ] }, { "text": "(f) Costs \n(1) Costs of transfer \nThe District shall be responsible for payment of any costs of carrying out the transfer of administrative jurisdiction over the Campus under this section, including— (A) any costs of carrying out the survey under subsection (d); and (B) any costs of carrying out any environmental analysis required under Federal law. (2) Costs after transfer \nExcept as provided under the memorandum of understanding entered into under subsection (e), the Secretary shall not be responsible for payment of any costs or expenses that are incurred by the District or any other party (other than the United States) associated with the Campus after the transfer of administrative jurisdiction under this section.", "id": "H171CD5BEC61747378D57A024BA518380", "header": "Costs", "nested": [], "links": [] }, { "text": "(g) Special rules for riparian area \n(1) Restriction on development and use \nThe Declaration of Covenants entered into under subsection (a)(1) shall include provisions to ensure that the riparian area of the Campus may not be developed or used for any purposes other than the continuing maintenance of any development, use, or infrastructure (including roads and pathways) existing at the time of the execution of the transfer of administrative jurisdiction over the Campus under this section. (2) Riparian area of the campus defined \nIn this subsection, the term riparian area of the Campus means the area designated in the map referred to in subsection (m) as Riparian Area (Area F).", "id": "H3A6325B36F67495A9C5F7AD3A5B9754C", "header": "Special rules for riparian area", "nested": [], "links": [] }, { "text": "(h) Prohibiting use of federal funds for stadium \nThe Declaration of Covenants entered into under subsection (a)(1) shall include provisions to ensure that the District may not use Federal funds for stadium purposes on the Campus, including training facilities, offices, and other structures necessary to support a stadium.", "id": "H6336A6276DE1432E994F4CEACDE8CCB2", "header": "Prohibiting use of federal funds for stadium", "nested": [], "links": [] }, { "text": "(i) Term \nThe transfer of administrative jurisdiction over the Campus under this section shall be in effect for a term of not less than 99 years, and may be renewed for subsequent periods agreed to by the Secretary and the District.", "id": "H90CDB16111C74EB8B0518F7C24DF75FC", "header": "Term", "nested": [], "links": [] }, { "text": "(j) Reversion of administrative jurisdiction \n(1) Grounds for reversion \nThe Declaration of Covenants entered into under subsection (a)(1) shall include provisions stating that administrative jurisdiction over the Campus transferred under this section shall revert to the Secretary if each of the following occurs: (A) The terms and conditions of the Declaration of Covenants have not been complied with, as reasonably determined by the Secretary. (B) Such noncompliance has not been corrected within 90 days after written notice of such noncompliance has been received by the District. Such noncompliance shall be treated as corrected if the District and the Secretary enter into an agreement that the Secretary finds adequate to ensure that the Campus will be developed and used in a manner consistent with the purposes referred to in subsection (b). (2) Timing \nThe Secretary may not seek the reversion of administrative jurisdiction over the Campus under this subsection before the expiration of 90 days after the date on which written notice of the alleged violation is received by the District. The notice shall include notice of the Secretary’s intention for administrative jurisdiction over the Campus to revert to the Secretary. (3) Cost of rehabilitating property \nThe Declaration of Covenants entered into under subsection (a)(1) shall include provisions requiring the District to bear the actual cost of removing structures from or rehabilitating the Campus if administrative jurisdiction over the Campus reverts to the Secretary under this subsection.", "id": "HFB832ED4F82F415DB6914871C4BD505C", "header": "Reversion of administrative jurisdiction", "nested": [], "links": [] }, { "text": "(k) Rule of construction related to the applicability to the administrative jurisdiction transfer \nNothing in this section may be construed to affect or limit the application of or obligation to comply with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ).", "id": "H1B475AFF0F5743B39293FFF67B24485E", "header": "Rule of construction related to the applicability to the administrative jurisdiction transfer", "nested": [], "links": [ { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 6901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6901" } ] }, { "text": "(l) Conforming amendment; termination of existing lease \nEffective on the date of the transfer of administrative jurisdiction over the Campus under this section— (1) the District of Columbia Stadium Act of 1957 (sec. 3–321 et seq., D.C. Official Code) is repealed; and (2) the lease dated January 14, 1988, between the United States and the District for the use of the Campus, as authorized by section 7(b)(1)(B) of such Act (sec. 3–326(b)(1)(B), D.C. Official Code), is terminated.", "id": "HA640A4F6418A408D8F3087DEFDD4439E", "header": "Conforming amendment; termination of existing lease", "nested": [], "links": [] }, { "text": "(m) Definition \nIn this Act, the term Robert F. Kennedy Memorial Stadium Campus means the approximately 174 acres of Federal land as generally depicted on the map entitled Anacostia Park, Robert F. Kennedy Memorial Stadium Campus – Transfer of Administrative Jurisdiction , numbered 831/189,767, and dated January 2024.", "id": "H5A36F027B6784FACB05525C29D647352", "header": "Definition", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 6901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6901" }, { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 6901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6901" } ] } ]
2
1. Short title This Act may be cited as the D.C. Robert F. Kennedy Memorial Stadium Campus Revitalization Act. 2. Transfer of administrative jurisdiction over RFK Memorial Stadium Campus to District of Columbia (a) Exercise of transfer authority (1) Transfer Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior (hereafter referred to as the Secretary ), acting under the authority of section 8124 of title 40, United States Code (except as provided under paragraph (2)), shall transfer administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus (hereafter referred to as the Campus ) to the District of Columbia (hereafter referred to as the District ), subject to a Declaration of Covenants with the District which is consistent with the succeeding provisions of this Act and which includes such other terms and conditions as may be agreed to by the Secretary and the District. (2) Waiver of requirement for prior recommendation of national capital planning commission The second sentence of section 8124(a) of title 40, United States Code, shall not apply to the transfer of administrative jurisdiction over the Campus under this section. (3) No effect on status of ownership of campus Consistent with section 8124 of title 40, United States Code, the transfer of administrative jurisdiction over the Campus under this section does not change the status of the ownership of the Campus by the United States. (b) Development and uses of campus After transfer of administrative jurisdiction over the Campus under this section, the District may develop and use, and permit the development and use of, the Campus for any of the following purposes: (1) Stadium purposes, including training facilities, offices, and other structures necessary to support a stadium. (2) Commercial and residential development. (3) Facilities, open space, and public outdoor opportunities, which may include supporting cultural activities, educational activities, and recreational activities, as such terms are defined in section 3306(a) of title 40, United States Code. (4) Such other public purposes for which the Campus was used or approved for use prior to June 1, 1985. (5) Demolition purposes to facilitate development and use of the Campus under subparagraphs (1) through (4). (c) Specific requirements relating to development and use of campus The Declaration of Covenants entered into under subsection (a)(1) shall include provisions to require the District to meet the following requirements as a condition of the development and use of the Campus as set forth under subsection (b) after transfer of administrative jurisdiction over the Campus under this section: (1) The District shall ensure that the development and use does not materially degrade or adversely impact any lands under the jurisdiction of the National Park Service, including the restoration of the wetlands south of Kingman Island. (2) The District shall designate, develop, operate, and maintain at least 30 percent of the Campus (excluding the riparian area of the Campus as defined in subsection (g)(2)) as the Robert F. Kennedy Memorial Park as parks and open space to provide land for passive and active outdoor recreation and shall require that portion to be reserved for such purposes for the duration of the transfer. (3) The District shall ensure that the development and use provides for improved public access to the Anacostia River and shall not interrupt the Anacostia River Trail. (4) The District shall, to the extent necessary, ensure that parking facilities are provided to accommodate the development. (5) The District shall provide for adequate public safety and security measures and resources in the planning and ongoing management of the development. (6) The District shall carry out measures that, to the greatest extent practicable, will reduce the impact of noise and traffic of the development on surrounding residential areas in the District. (7) The District shall operate and maintain the riparian area of the Campus in accordance with subsection (g). (8) The District shall ensure that no Member of Congress, Delegate or Resident Commissioner to the Congress, or any other official of the Government of the United States or the Government of the District of Columbia shall be admitted to any share or part of any lease entered into by the District in the exercise of the administrative jurisdiction over the Campus transferred under this section, or to any benefit that may arise therefrom, including any contract or agreement made, entered into, or accepted by or on behalf of the District as a result of this section. Nothing in the previous sentence may be construed to apply to a person who is a shareholder or other beneficial owner of any publicly held corporation or other entity, if the lease is for the general benefit of such corporation or other entity. (d) Survey (1) Requiring survey As soon as practicable after the date of the enactment of this Act, the District shall conduct a survey of the Campus, which shall determine the exact acreage and legal description of the Campus by a boundary survey prepared by a qualified Federally-, State-, or District-licensed surveyor who is approved by the Secretary. (2) Submission to congress Upon completion, the survey conducted under paragraph (1) shall be submitted to— (A) the Committee on Oversight and Accountability and the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Energy and Natural Resources of the Senate. (3) Incorporation in declaration of covenants for transfer The survey conducted under paragraph (1) shall be incorporated in the Declaration of Covenants entered into under subsection (a)(1). (4) Availability of survey and map for public inspection The survey conducted under paragraph (1), together with the map of the Campus referred to in subsection (m), shall be kept on file and available for public inspection in the appropriate offices of the Secretary. (e) Memorandum of understanding As a condition of the development and use of the Campus after transfer of administrative jurisdiction over the Campus under this section, the Secretary and the District shall enter into a memorandum of understanding to determine an allocation of the costs of carrying out all responsibilities of the United States and the District with respect to the Campus under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ), including any costs of any response action with respect to any contamination present on the Campus. (f) Costs (1) Costs of transfer The District shall be responsible for payment of any costs of carrying out the transfer of administrative jurisdiction over the Campus under this section, including— (A) any costs of carrying out the survey under subsection (d); and (B) any costs of carrying out any environmental analysis required under Federal law. (2) Costs after transfer Except as provided under the memorandum of understanding entered into under subsection (e), the Secretary shall not be responsible for payment of any costs or expenses that are incurred by the District or any other party (other than the United States) associated with the Campus after the transfer of administrative jurisdiction under this section. (g) Special rules for riparian area (1) Restriction on development and use The Declaration of Covenants entered into under subsection (a)(1) shall include provisions to ensure that the riparian area of the Campus may not be developed or used for any purposes other than the continuing maintenance of any development, use, or infrastructure (including roads and pathways) existing at the time of the execution of the transfer of administrative jurisdiction over the Campus under this section. (2) Riparian area of the campus defined In this subsection, the term riparian area of the Campus means the area designated in the map referred to in subsection (m) as Riparian Area (Area F). (h) Prohibiting use of federal funds for stadium The Declaration of Covenants entered into under subsection (a)(1) shall include provisions to ensure that the District may not use Federal funds for stadium purposes on the Campus, including training facilities, offices, and other structures necessary to support a stadium. (i) Term The transfer of administrative jurisdiction over the Campus under this section shall be in effect for a term of not less than 99 years, and may be renewed for subsequent periods agreed to by the Secretary and the District. (j) Reversion of administrative jurisdiction (1) Grounds for reversion The Declaration of Covenants entered into under subsection (a)(1) shall include provisions stating that administrative jurisdiction over the Campus transferred under this section shall revert to the Secretary if each of the following occurs: (A) The terms and conditions of the Declaration of Covenants have not been complied with, as reasonably determined by the Secretary. (B) Such noncompliance has not been corrected within 90 days after written notice of such noncompliance has been received by the District. Such noncompliance shall be treated as corrected if the District and the Secretary enter into an agreement that the Secretary finds adequate to ensure that the Campus will be developed and used in a manner consistent with the purposes referred to in subsection (b). (2) Timing The Secretary may not seek the reversion of administrative jurisdiction over the Campus under this subsection before the expiration of 90 days after the date on which written notice of the alleged violation is received by the District. The notice shall include notice of the Secretary’s intention for administrative jurisdiction over the Campus to revert to the Secretary. (3) Cost of rehabilitating property The Declaration of Covenants entered into under subsection (a)(1) shall include provisions requiring the District to bear the actual cost of removing structures from or rehabilitating the Campus if administrative jurisdiction over the Campus reverts to the Secretary under this subsection. (k) Rule of construction related to the applicability to the administrative jurisdiction transfer Nothing in this section may be construed to affect or limit the application of or obligation to comply with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ). (l) Conforming amendment; termination of existing lease Effective on the date of the transfer of administrative jurisdiction over the Campus under this section— (1) the District of Columbia Stadium Act of 1957 (sec. 3–321 et seq., D.C. Official Code) is repealed; and (2) the lease dated January 14, 1988, between the United States and the District for the use of the Campus, as authorized by section 7(b)(1)(B) of such Act (sec. 3–326(b)(1)(B), D.C. Official Code), is terminated. (m) Definition In this Act, the term Robert F. Kennedy Memorial Stadium Campus means the approximately 174 acres of Federal land as generally depicted on the map entitled Anacostia Park, Robert F. Kennedy Memorial Stadium Campus – Transfer of Administrative Jurisdiction , numbered 831/189,767, and dated January 2024.
11,491
[ "Energy and Natural Resources Committee", "Transportation and Infrastructure Committee", "Oversight and Accountability Committee", "Natural Resources Committee" ]
118hr3729ih
118
hr
3,729
ih
To amend title II of the Social Security Act to credit individuals serving as caregivers of dependent relatives with deemed wages for up to five years of such service.
[ { "text": "1. Short title \nThis Act may be cited as the Social Security Caregiver Credit Act of 2023.", "id": "H4F82AB77B27140A4878454CBCF026774", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and sense of Congress \n(a) Findings \nCongress finds that: (1) Caregiving is an essential element of family life and a vital service for children, the ill, the disabled, and the elderly. (2) The establishment of a caregiver credit would bolster the economic prospects of unpaid caregivers and would provide them with vital retirement security. (3) The 2022 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds concluded that the combined Trust Funds will be able to pay scheduled benefits in full until 2034. (b) Sense of congress \nIt is the sense of Congress that Congress should address the unfair exclusion of professional and hardworking home care providers who are not eligible to receive Social Security or Medicare because they provide paid care to a family member with a disability under programs operated at the State and local level for general health and welfare protection.", "id": "H2B2228B9C0BD4CD2A18A3E4B4BE251B2", "header": "Findings and sense of Congress", "nested": [ { "text": "(a) Findings \nCongress finds that: (1) Caregiving is an essential element of family life and a vital service for children, the ill, the disabled, and the elderly. (2) The establishment of a caregiver credit would bolster the economic prospects of unpaid caregivers and would provide them with vital retirement security. (3) The 2022 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds concluded that the combined Trust Funds will be able to pay scheduled benefits in full until 2034.", "id": "HA7F8333A485D4EEBA18CBA3A9F4A9477", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of congress \nIt is the sense of Congress that Congress should address the unfair exclusion of professional and hardworking home care providers who are not eligible to receive Social Security or Medicare because they provide paid care to a family member with a disability under programs operated at the State and local level for general health and welfare protection.", "id": "HAB0687CDF1A740E9B4A7383BFC56BA4A", "header": "Sense of congress", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Deemed wages for caregivers of dependent relatives \n(a) In general \nTitle II of the Social Security Act is amended by adding after section 234 ( 42 U.S.C. 434 ) the following new section: 235. Deemed wages for caregivers of dependent relatives \n(a) Definitions \nFor purposes of this section— (1) (A) Subject to subparagraph (B), the term qualifying month means, in connection with an individual, any month during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. (B) The term qualifying month does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). (C) For purposes of subparagraph (A), assistance provided to a family caregiver of an eligible veteran under section 1720G of title 38, United States Code, shall not be considered monetary compensation for providing care to such eligible veteran. (2) The term dependent relative means, in connection with an individual— (A) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), or a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, who is under the age of 12; or (B) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, a parent, grandparent, sibling, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual’s spouse or domestic partner, if such child, grandchild, niece, nephew, parent, grandparent, sibling, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. (3) (A) The term chronically dependent individual means an individual who— (i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)) or instrumental activities of daily living (described in subparagraph (C)); and (ii) without the assistance described in clause (i), could not perform such activities of daily living or instrumental activities of daily living. (B) The activities of daily living referred to in subparagraph (A) means basic personal everyday activities, including— (i) eating; (ii) bathing; (iii) dressing; (iv) toileting; and (v) transferring in and out of a bed or in and out of a chair. (C) The instrumental activities of daily living referred to in subparagraph (A) means activities related to living independently in the community, including— (i) meal planning and preparation; (ii) managing finances; (iii) shopping for food, clothing, or other essential items; (iv) performing essential household chores; (v) communicating by phone or other form of media; and (vi) traveling around and participating in the community. (b) Deemed Wages of Caregiver \n(1) (A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2023, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to— (i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and (ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over 1/2 of the wages or self-employment income actually paid to or derived by such individual during such month. (B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. (2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. (c) Rules and regulations \n(1) Not later than 1 year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section and to prevent fraud and abuse with respect to the benefits under this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). (2) A qualifying month shall not be taken into account under this section with respect to an individual unless— (A) the individual submits to the Commissioner of Social Security an application for benefits under this section that includes— (i) the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month; (ii) if the dependent relative is not a child under the age of 12, documentation from the physician of the dependent relative explaining why the dependent relative is a chronically dependent individual; and (iii) such other information as the Commissioner may require to verify the status of the dependent relative; and (B) for every qualifying month or period of up to 12 consecutive qualifying months that occurs after the first period of 12 consecutive qualifying months, the individual certifies, in such form and manner as the Commissioner shall require, that the information provided in the individual’s application for benefits under this section has not changed.. (b) Conforming amendment \nSection 209(k)(1) of such Act ( 42 U.S.C. 409(k)(1) ) is amended— (1) by striking and before 230(b)(2) the first time it appears; and (2) by inserting and 235(b)(1)(A)(i), after 1977),.", "id": "HCC51623EC68441A291302380592A6591", "header": "Deemed wages for caregivers of dependent relatives", "nested": [ { "text": "(a) In general \nTitle II of the Social Security Act is amended by adding after section 234 ( 42 U.S.C. 434 ) the following new section: 235. Deemed wages for caregivers of dependent relatives \n(a) Definitions \nFor purposes of this section— (1) (A) Subject to subparagraph (B), the term qualifying month means, in connection with an individual, any month during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. (B) The term qualifying month does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). (C) For purposes of subparagraph (A), assistance provided to a family caregiver of an eligible veteran under section 1720G of title 38, United States Code, shall not be considered monetary compensation for providing care to such eligible veteran. (2) The term dependent relative means, in connection with an individual— (A) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), or a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, who is under the age of 12; or (B) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, a parent, grandparent, sibling, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual’s spouse or domestic partner, if such child, grandchild, niece, nephew, parent, grandparent, sibling, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. (3) (A) The term chronically dependent individual means an individual who— (i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)) or instrumental activities of daily living (described in subparagraph (C)); and (ii) without the assistance described in clause (i), could not perform such activities of daily living or instrumental activities of daily living. (B) The activities of daily living referred to in subparagraph (A) means basic personal everyday activities, including— (i) eating; (ii) bathing; (iii) dressing; (iv) toileting; and (v) transferring in and out of a bed or in and out of a chair. (C) The instrumental activities of daily living referred to in subparagraph (A) means activities related to living independently in the community, including— (i) meal planning and preparation; (ii) managing finances; (iii) shopping for food, clothing, or other essential items; (iv) performing essential household chores; (v) communicating by phone or other form of media; and (vi) traveling around and participating in the community. (b) Deemed Wages of Caregiver \n(1) (A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2023, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to— (i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and (ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over 1/2 of the wages or self-employment income actually paid to or derived by such individual during such month. (B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. (2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. (c) Rules and regulations \n(1) Not later than 1 year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section and to prevent fraud and abuse with respect to the benefits under this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). (2) A qualifying month shall not be taken into account under this section with respect to an individual unless— (A) the individual submits to the Commissioner of Social Security an application for benefits under this section that includes— (i) the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month; (ii) if the dependent relative is not a child under the age of 12, documentation from the physician of the dependent relative explaining why the dependent relative is a chronically dependent individual; and (iii) such other information as the Commissioner may require to verify the status of the dependent relative; and (B) for every qualifying month or period of up to 12 consecutive qualifying months that occurs after the first period of 12 consecutive qualifying months, the individual certifies, in such form and manner as the Commissioner shall require, that the information provided in the individual’s application for benefits under this section has not changed..", "id": "H7A5487D0DEC34105BF3D33DCA7A714C6", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 434", "legal-doc": "usc", "parsable-cite": "usc/42/434" } ] }, { "text": "(b) Conforming amendment \nSection 209(k)(1) of such Act ( 42 U.S.C. 409(k)(1) ) is amended— (1) by striking and before 230(b)(2) the first time it appears; and (2) by inserting and 235(b)(1)(A)(i), after 1977),.", "id": "HADC5970704F94A70BDD2D2857763601F", "header": "Conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 409(k)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/409" } ] } ], "links": [ { "text": "42 U.S.C. 434", "legal-doc": "usc", "parsable-cite": "usc/42/434" }, { "text": "42 U.S.C. 409(k)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/409" } ] }, { "text": "235. Deemed wages for caregivers of dependent relatives \n(a) Definitions \nFor purposes of this section— (1) (A) Subject to subparagraph (B), the term qualifying month means, in connection with an individual, any month during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. (B) The term qualifying month does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). (C) For purposes of subparagraph (A), assistance provided to a family caregiver of an eligible veteran under section 1720G of title 38, United States Code, shall not be considered monetary compensation for providing care to such eligible veteran. (2) The term dependent relative means, in connection with an individual— (A) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), or a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, who is under the age of 12; or (B) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, a parent, grandparent, sibling, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual’s spouse or domestic partner, if such child, grandchild, niece, nephew, parent, grandparent, sibling, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. (3) (A) The term chronically dependent individual means an individual who— (i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)) or instrumental activities of daily living (described in subparagraph (C)); and (ii) without the assistance described in clause (i), could not perform such activities of daily living or instrumental activities of daily living. (B) The activities of daily living referred to in subparagraph (A) means basic personal everyday activities, including— (i) eating; (ii) bathing; (iii) dressing; (iv) toileting; and (v) transferring in and out of a bed or in and out of a chair. (C) The instrumental activities of daily living referred to in subparagraph (A) means activities related to living independently in the community, including— (i) meal planning and preparation; (ii) managing finances; (iii) shopping for food, clothing, or other essential items; (iv) performing essential household chores; (v) communicating by phone or other form of media; and (vi) traveling around and participating in the community. (b) Deemed Wages of Caregiver \n(1) (A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2023, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to— (i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and (ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over 1/2 of the wages or self-employment income actually paid to or derived by such individual during such month. (B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. (2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. (c) Rules and regulations \n(1) Not later than 1 year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section and to prevent fraud and abuse with respect to the benefits under this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). (2) A qualifying month shall not be taken into account under this section with respect to an individual unless— (A) the individual submits to the Commissioner of Social Security an application for benefits under this section that includes— (i) the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month; (ii) if the dependent relative is not a child under the age of 12, documentation from the physician of the dependent relative explaining why the dependent relative is a chronically dependent individual; and (iii) such other information as the Commissioner may require to verify the status of the dependent relative; and (B) for every qualifying month or period of up to 12 consecutive qualifying months that occurs after the first period of 12 consecutive qualifying months, the individual certifies, in such form and manner as the Commissioner shall require, that the information provided in the individual’s application for benefits under this section has not changed.", "id": "H035B3DD5855D4C55BC06952F5BF92214", "header": "Deemed wages for caregivers of dependent relatives", "nested": [ { "text": "(a) Definitions \nFor purposes of this section— (1) (A) Subject to subparagraph (B), the term qualifying month means, in connection with an individual, any month during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. (B) The term qualifying month does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). (C) For purposes of subparagraph (A), assistance provided to a family caregiver of an eligible veteran under section 1720G of title 38, United States Code, shall not be considered monetary compensation for providing care to such eligible veteran. (2) The term dependent relative means, in connection with an individual— (A) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), or a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, who is under the age of 12; or (B) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, a parent, grandparent, sibling, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual’s spouse or domestic partner, if such child, grandchild, niece, nephew, parent, grandparent, sibling, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. (3) (A) The term chronically dependent individual means an individual who— (i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)) or instrumental activities of daily living (described in subparagraph (C)); and (ii) without the assistance described in clause (i), could not perform such activities of daily living or instrumental activities of daily living. (B) The activities of daily living referred to in subparagraph (A) means basic personal everyday activities, including— (i) eating; (ii) bathing; (iii) dressing; (iv) toileting; and (v) transferring in and out of a bed or in and out of a chair. (C) The instrumental activities of daily living referred to in subparagraph (A) means activities related to living independently in the community, including— (i) meal planning and preparation; (ii) managing finances; (iii) shopping for food, clothing, or other essential items; (iv) performing essential household chores; (v) communicating by phone or other form of media; and (vi) traveling around and participating in the community.", "id": "H9DA9BC93DE4D4500BCBA3C98B5AB9D68", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Deemed Wages of Caregiver \n(1) (A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2023, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to— (i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and (ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over 1/2 of the wages or self-employment income actually paid to or derived by such individual during such month. (B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. (2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application.", "id": "HB881C72758784DE4AF4A1EE048FD2268", "header": "Deemed Wages of Caregiver", "nested": [], "links": [] }, { "text": "(c) Rules and regulations \n(1) Not later than 1 year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section and to prevent fraud and abuse with respect to the benefits under this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). (2) A qualifying month shall not be taken into account under this section with respect to an individual unless— (A) the individual submits to the Commissioner of Social Security an application for benefits under this section that includes— (i) the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month; (ii) if the dependent relative is not a child under the age of 12, documentation from the physician of the dependent relative explaining why the dependent relative is a chronically dependent individual; and (iii) such other information as the Commissioner may require to verify the status of the dependent relative; and (B) for every qualifying month or period of up to 12 consecutive qualifying months that occurs after the first period of 12 consecutive qualifying months, the individual certifies, in such form and manner as the Commissioner shall require, that the information provided in the individual’s application for benefits under this section has not changed.", "id": "H6180E339E9464207812C0D846A8264B9", "header": "Rules and regulations", "nested": [], "links": [] } ], "links": [] } ]
4
1. Short title This Act may be cited as the Social Security Caregiver Credit Act of 2023. 2. Findings and sense of Congress (a) Findings Congress finds that: (1) Caregiving is an essential element of family life and a vital service for children, the ill, the disabled, and the elderly. (2) The establishment of a caregiver credit would bolster the economic prospects of unpaid caregivers and would provide them with vital retirement security. (3) The 2022 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds concluded that the combined Trust Funds will be able to pay scheduled benefits in full until 2034. (b) Sense of congress It is the sense of Congress that Congress should address the unfair exclusion of professional and hardworking home care providers who are not eligible to receive Social Security or Medicare because they provide paid care to a family member with a disability under programs operated at the State and local level for general health and welfare protection. 3. Deemed wages for caregivers of dependent relatives (a) In general Title II of the Social Security Act is amended by adding after section 234 ( 42 U.S.C. 434 ) the following new section: 235. Deemed wages for caregivers of dependent relatives (a) Definitions For purposes of this section— (1) (A) Subject to subparagraph (B), the term qualifying month means, in connection with an individual, any month during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. (B) The term qualifying month does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). (C) For purposes of subparagraph (A), assistance provided to a family caregiver of an eligible veteran under section 1720G of title 38, United States Code, shall not be considered monetary compensation for providing care to such eligible veteran. (2) The term dependent relative means, in connection with an individual— (A) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), or a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, who is under the age of 12; or (B) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, a parent, grandparent, sibling, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual’s spouse or domestic partner, if such child, grandchild, niece, nephew, parent, grandparent, sibling, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. (3) (A) The term chronically dependent individual means an individual who— (i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)) or instrumental activities of daily living (described in subparagraph (C)); and (ii) without the assistance described in clause (i), could not perform such activities of daily living or instrumental activities of daily living. (B) The activities of daily living referred to in subparagraph (A) means basic personal everyday activities, including— (i) eating; (ii) bathing; (iii) dressing; (iv) toileting; and (v) transferring in and out of a bed or in and out of a chair. (C) The instrumental activities of daily living referred to in subparagraph (A) means activities related to living independently in the community, including— (i) meal planning and preparation; (ii) managing finances; (iii) shopping for food, clothing, or other essential items; (iv) performing essential household chores; (v) communicating by phone or other form of media; and (vi) traveling around and participating in the community. (b) Deemed Wages of Caregiver (1) (A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2023, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to— (i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and (ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over 1/2 of the wages or self-employment income actually paid to or derived by such individual during such month. (B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. (2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. (c) Rules and regulations (1) Not later than 1 year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section and to prevent fraud and abuse with respect to the benefits under this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). (2) A qualifying month shall not be taken into account under this section with respect to an individual unless— (A) the individual submits to the Commissioner of Social Security an application for benefits under this section that includes— (i) the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month; (ii) if the dependent relative is not a child under the age of 12, documentation from the physician of the dependent relative explaining why the dependent relative is a chronically dependent individual; and (iii) such other information as the Commissioner may require to verify the status of the dependent relative; and (B) for every qualifying month or period of up to 12 consecutive qualifying months that occurs after the first period of 12 consecutive qualifying months, the individual certifies, in such form and manner as the Commissioner shall require, that the information provided in the individual’s application for benefits under this section has not changed.. (b) Conforming amendment Section 209(k)(1) of such Act ( 42 U.S.C. 409(k)(1) ) is amended— (1) by striking and before 230(b)(2) the first time it appears; and (2) by inserting and 235(b)(1)(A)(i), after 1977),. 235. Deemed wages for caregivers of dependent relatives (a) Definitions For purposes of this section— (1) (A) Subject to subparagraph (B), the term qualifying month means, in connection with an individual, any month during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. (B) The term qualifying month does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). (C) For purposes of subparagraph (A), assistance provided to a family caregiver of an eligible veteran under section 1720G of title 38, United States Code, shall not be considered monetary compensation for providing care to such eligible veteran. (2) The term dependent relative means, in connection with an individual— (A) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), or a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, who is under the age of 12; or (B) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, a parent, grandparent, sibling, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual’s spouse or domestic partner, if such child, grandchild, niece, nephew, parent, grandparent, sibling, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. (3) (A) The term chronically dependent individual means an individual who— (i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)) or instrumental activities of daily living (described in subparagraph (C)); and (ii) without the assistance described in clause (i), could not perform such activities of daily living or instrumental activities of daily living. (B) The activities of daily living referred to in subparagraph (A) means basic personal everyday activities, including— (i) eating; (ii) bathing; (iii) dressing; (iv) toileting; and (v) transferring in and out of a bed or in and out of a chair. (C) The instrumental activities of daily living referred to in subparagraph (A) means activities related to living independently in the community, including— (i) meal planning and preparation; (ii) managing finances; (iii) shopping for food, clothing, or other essential items; (iv) performing essential household chores; (v) communicating by phone or other form of media; and (vi) traveling around and participating in the community. (b) Deemed Wages of Caregiver (1) (A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2023, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to— (i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and (ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over 1/2 of the wages or self-employment income actually paid to or derived by such individual during such month. (B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. (2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. (c) Rules and regulations (1) Not later than 1 year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section and to prevent fraud and abuse with respect to the benefits under this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). (2) A qualifying month shall not be taken into account under this section with respect to an individual unless— (A) the individual submits to the Commissioner of Social Security an application for benefits under this section that includes— (i) the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month; (ii) if the dependent relative is not a child under the age of 12, documentation from the physician of the dependent relative explaining why the dependent relative is a chronically dependent individual; and (iii) such other information as the Commissioner may require to verify the status of the dependent relative; and (B) for every qualifying month or period of up to 12 consecutive qualifying months that occurs after the first period of 12 consecutive qualifying months, the individual certifies, in such form and manner as the Commissioner shall require, that the information provided in the individual’s application for benefits under this section has not changed.
13,193
[ "Ways and Means Committee" ]
118hr300pcs
118
hr
300
pcs
To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Settlement Agreement Information Database Act of 2023.", "id": "H14CE476DEF824D0C897FB6BD0DE54ED2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Information regarding settlement agreements entered into by Federal agencies \n(a) Requirements for settlement agreements \nChapter 3 of title 5, United States Code, is amended by adding at the end the following new section: 307. Information regarding settlement agreements \n(a) Definitions \nIn this section: (1) Local government \nThe term local government has the meaning given that term in section 6501 of title 31. (2) Order type \nThe term order type means the type of action or instrument used to settle a civil or criminal judicial action. (3) Settlement agreement \nThe term settlement agreement means a settlement agreement (including a consent decree) that— (A) is entered into by an Executive agency; and (B) relates to an alleged violation of Federal civil or criminal law. (4) State \nThe term State means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. (b) Settlement Agreement Information Database \n(1) Executive agency requirement \n(A) In general \nSubject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): (i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement— (I) the order type of the settlement agreement; (II) the date on which the parties entered into the settlement agreement; (III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; (IV) the amount of attorneys’ fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; (V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; (VI) the total amount the settling parties are obligated to pay under the settlement agreement; (VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; (VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; (IX) the projected duration of the settlement agreement, if available; (X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; (XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; (XII) any modifications to the settlement agreement, when applicable; (XIII) notice and comments, when applicable; and (XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. (ii) A copy of each— (I) settlement agreement entered into by the Executive agency; and (II) statement issued under paragraph (4). (B) Nondisclosure \nThe requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)— (i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and (ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. (C) Clarification of responsible agency \nIn a case in which an Executive agency is acting at the request or on behalf of another Executive agency (referred to as the originating agency), the originating agency is responsible for submitting information under subparagraph (A). (2) Guidance \nThe Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1). Such guidance shall include the following: (A) Specific dates by which submissions must be made, not less than twice a year. (B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. (C) A requirement that the information and documents required under paragraph (1) are publicly available for a period starting on the date of the settlement through not less than 5 years after the termination of the settlement agreement. (3) Establishment of database \nThe Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. (4) Statement of confidentiality \nIf the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain— (A) what interests confidentiality protects; and (B) why the interests protected by confidentiality outweigh the public’s interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.. (b) Technical and conforming amendment \nThe table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following new item: 307. Information regarding settlement agreements.. (c) Deadline To establish database \nNot later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance required by section 307(b)(2) of title 5, United States Code, as added by subsection (a), and establish the settlement agreement information database required by section 307(b)(3) of title 5, United States Code, as added by subsection (a). (d) Deadline for first submission \nNot later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307.", "id": "HF8C2C76F6F9B455281FCE64CF0B2E72B", "header": "Information regarding settlement agreements entered into by Federal agencies", "nested": [ { "text": "(a) Requirements for settlement agreements \nChapter 3 of title 5, United States Code, is amended by adding at the end the following new section: 307. Information regarding settlement agreements \n(a) Definitions \nIn this section: (1) Local government \nThe term local government has the meaning given that term in section 6501 of title 31. (2) Order type \nThe term order type means the type of action or instrument used to settle a civil or criminal judicial action. (3) Settlement agreement \nThe term settlement agreement means a settlement agreement (including a consent decree) that— (A) is entered into by an Executive agency; and (B) relates to an alleged violation of Federal civil or criminal law. (4) State \nThe term State means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. (b) Settlement Agreement Information Database \n(1) Executive agency requirement \n(A) In general \nSubject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): (i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement— (I) the order type of the settlement agreement; (II) the date on which the parties entered into the settlement agreement; (III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; (IV) the amount of attorneys’ fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; (V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; (VI) the total amount the settling parties are obligated to pay under the settlement agreement; (VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; (VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; (IX) the projected duration of the settlement agreement, if available; (X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; (XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; (XII) any modifications to the settlement agreement, when applicable; (XIII) notice and comments, when applicable; and (XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. (ii) A copy of each— (I) settlement agreement entered into by the Executive agency; and (II) statement issued under paragraph (4). (B) Nondisclosure \nThe requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)— (i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and (ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. (C) Clarification of responsible agency \nIn a case in which an Executive agency is acting at the request or on behalf of another Executive agency (referred to as the originating agency), the originating agency is responsible for submitting information under subparagraph (A). (2) Guidance \nThe Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1). Such guidance shall include the following: (A) Specific dates by which submissions must be made, not less than twice a year. (B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. (C) A requirement that the information and documents required under paragraph (1) are publicly available for a period starting on the date of the settlement through not less than 5 years after the termination of the settlement agreement. (3) Establishment of database \nThe Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. (4) Statement of confidentiality \nIf the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain— (A) what interests confidentiality protects; and (B) why the interests protected by confidentiality outweigh the public’s interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources..", "id": "H7C8F1D42C0D94774A4C985B5D1BA64FC", "header": "Requirements for settlement agreements", "nested": [], "links": [ { "text": "Chapter 3", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/3" } ] }, { "text": "(b) Technical and conforming amendment \nThe table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following new item: 307. Information regarding settlement agreements..", "id": "HFE81368C4C5C4701ADFE20C2951544FF", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "chapter 3", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/3" } ] }, { "text": "(c) Deadline To establish database \nNot later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance required by section 307(b)(2) of title 5, United States Code, as added by subsection (a), and establish the settlement agreement information database required by section 307(b)(3) of title 5, United States Code, as added by subsection (a).", "id": "H4774D2DE96854BE393960D6E12480678", "header": "Deadline To establish database", "nested": [], "links": [] }, { "text": "(d) Deadline for first submission \nNot later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307.", "id": "H28F6C4B74E41441EBEF39440942A3E3A", "header": "Deadline for first submission", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 3", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/3" }, { "text": "chapter 3", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/3" } ] }, { "text": "307. Information regarding settlement agreements \n(a) Definitions \nIn this section: (1) Local government \nThe term local government has the meaning given that term in section 6501 of title 31. (2) Order type \nThe term order type means the type of action or instrument used to settle a civil or criminal judicial action. (3) Settlement agreement \nThe term settlement agreement means a settlement agreement (including a consent decree) that— (A) is entered into by an Executive agency; and (B) relates to an alleged violation of Federal civil or criminal law. (4) State \nThe term State means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. (b) Settlement Agreement Information Database \n(1) Executive agency requirement \n(A) In general \nSubject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): (i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement— (I) the order type of the settlement agreement; (II) the date on which the parties entered into the settlement agreement; (III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; (IV) the amount of attorneys’ fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; (V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; (VI) the total amount the settling parties are obligated to pay under the settlement agreement; (VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; (VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; (IX) the projected duration of the settlement agreement, if available; (X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; (XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; (XII) any modifications to the settlement agreement, when applicable; (XIII) notice and comments, when applicable; and (XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. (ii) A copy of each— (I) settlement agreement entered into by the Executive agency; and (II) statement issued under paragraph (4). (B) Nondisclosure \nThe requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)— (i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and (ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. (C) Clarification of responsible agency \nIn a case in which an Executive agency is acting at the request or on behalf of another Executive agency (referred to as the originating agency), the originating agency is responsible for submitting information under subparagraph (A). (2) Guidance \nThe Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1). Such guidance shall include the following: (A) Specific dates by which submissions must be made, not less than twice a year. (B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. (C) A requirement that the information and documents required under paragraph (1) are publicly available for a period starting on the date of the settlement through not less than 5 years after the termination of the settlement agreement. (3) Establishment of database \nThe Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. (4) Statement of confidentiality \nIf the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain— (A) what interests confidentiality protects; and (B) why the interests protected by confidentiality outweigh the public’s interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.", "id": "H9F71230BE6D4431CA7570BFD008EC2D0", "header": "Information regarding settlement agreements", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Local government \nThe term local government has the meaning given that term in section 6501 of title 31. (2) Order type \nThe term order type means the type of action or instrument used to settle a civil or criminal judicial action. (3) Settlement agreement \nThe term settlement agreement means a settlement agreement (including a consent decree) that— (A) is entered into by an Executive agency; and (B) relates to an alleged violation of Federal civil or criminal law. (4) State \nThe term State means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe.", "id": "H43C9193A75A44FDA992C78CD86497A55", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Settlement Agreement Information Database \n(1) Executive agency requirement \n(A) In general \nSubject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): (i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement— (I) the order type of the settlement agreement; (II) the date on which the parties entered into the settlement agreement; (III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; (IV) the amount of attorneys’ fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; (V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; (VI) the total amount the settling parties are obligated to pay under the settlement agreement; (VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; (VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; (IX) the projected duration of the settlement agreement, if available; (X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; (XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; (XII) any modifications to the settlement agreement, when applicable; (XIII) notice and comments, when applicable; and (XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. (ii) A copy of each— (I) settlement agreement entered into by the Executive agency; and (II) statement issued under paragraph (4). (B) Nondisclosure \nThe requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)— (i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and (ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. (C) Clarification of responsible agency \nIn a case in which an Executive agency is acting at the request or on behalf of another Executive agency (referred to as the originating agency), the originating agency is responsible for submitting information under subparagraph (A). (2) Guidance \nThe Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1). Such guidance shall include the following: (A) Specific dates by which submissions must be made, not less than twice a year. (B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. (C) A requirement that the information and documents required under paragraph (1) are publicly available for a period starting on the date of the settlement through not less than 5 years after the termination of the settlement agreement. (3) Establishment of database \nThe Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. (4) Statement of confidentiality \nIf the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain— (A) what interests confidentiality protects; and (B) why the interests protected by confidentiality outweigh the public’s interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.", "id": "H5797371692AA4E8D8220FE34D6A1C991", "header": "Settlement Agreement Information Database", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Amendments to the Freedom of Information Act \nSection 552(a)(2) of title 5, United States Code, is amended— (1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: (B) each settlement agreement (as defined in section 307) entered into by an Executive agency, with redactions for information that the agency may withhold under paragraph (8) and subsections (b) and (c) of this section;.", "id": "HD22A6B1C247840FC8B482154274DCAED", "header": "Amendments to the Freedom of Information Act", "nested": [], "links": [] }, { "text": "4. Rule of construction \nNothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that any agency may properly withhold from public disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ).", "id": "H79C52ADC85B44E16A05E3E5C47D23374", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "5. Effective date; applicability \nThis Act shall be effective 180 days after the date of the enactment of this Act and shall apply— (1) with respect to any settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2), entered into on or after the date of the enactment of this Act; and (2) to the extent practicable, any such settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2) that remains in effect on or after the date of the enactment of this Act.", "id": "H8C97C6A8C3A94B87895632DDCB004782", "header": "Effective date; applicability", "nested": [], "links": [] } ]
6
1. Short title This Act may be cited as the Settlement Agreement Information Database Act of 2023. 2. Information regarding settlement agreements entered into by Federal agencies (a) Requirements for settlement agreements Chapter 3 of title 5, United States Code, is amended by adding at the end the following new section: 307. Information regarding settlement agreements (a) Definitions In this section: (1) Local government The term local government has the meaning given that term in section 6501 of title 31. (2) Order type The term order type means the type of action or instrument used to settle a civil or criminal judicial action. (3) Settlement agreement The term settlement agreement means a settlement agreement (including a consent decree) that— (A) is entered into by an Executive agency; and (B) relates to an alleged violation of Federal civil or criminal law. (4) State The term State means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. (b) Settlement Agreement Information Database (1) Executive agency requirement (A) In general Subject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): (i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement— (I) the order type of the settlement agreement; (II) the date on which the parties entered into the settlement agreement; (III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; (IV) the amount of attorneys’ fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; (V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; (VI) the total amount the settling parties are obligated to pay under the settlement agreement; (VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; (VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; (IX) the projected duration of the settlement agreement, if available; (X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; (XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; (XII) any modifications to the settlement agreement, when applicable; (XIII) notice and comments, when applicable; and (XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. (ii) A copy of each— (I) settlement agreement entered into by the Executive agency; and (II) statement issued under paragraph (4). (B) Nondisclosure The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)— (i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and (ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. (C) Clarification of responsible agency In a case in which an Executive agency is acting at the request or on behalf of another Executive agency (referred to as the originating agency), the originating agency is responsible for submitting information under subparagraph (A). (2) Guidance The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1). Such guidance shall include the following: (A) Specific dates by which submissions must be made, not less than twice a year. (B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. (C) A requirement that the information and documents required under paragraph (1) are publicly available for a period starting on the date of the settlement through not less than 5 years after the termination of the settlement agreement. (3) Establishment of database The Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. (4) Statement of confidentiality If the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain— (A) what interests confidentiality protects; and (B) why the interests protected by confidentiality outweigh the public’s interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.. (b) Technical and conforming amendment The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following new item: 307. Information regarding settlement agreements.. (c) Deadline To establish database Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance required by section 307(b)(2) of title 5, United States Code, as added by subsection (a), and establish the settlement agreement information database required by section 307(b)(3) of title 5, United States Code, as added by subsection (a). (d) Deadline for first submission Not later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. 307. Information regarding settlement agreements (a) Definitions In this section: (1) Local government The term local government has the meaning given that term in section 6501 of title 31. (2) Order type The term order type means the type of action or instrument used to settle a civil or criminal judicial action. (3) Settlement agreement The term settlement agreement means a settlement agreement (including a consent decree) that— (A) is entered into by an Executive agency; and (B) relates to an alleged violation of Federal civil or criminal law. (4) State The term State means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. (b) Settlement Agreement Information Database (1) Executive agency requirement (A) In general Subject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): (i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement— (I) the order type of the settlement agreement; (II) the date on which the parties entered into the settlement agreement; (III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; (IV) the amount of attorneys’ fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; (V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; (VI) the total amount the settling parties are obligated to pay under the settlement agreement; (VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; (VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; (IX) the projected duration of the settlement agreement, if available; (X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; (XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; (XII) any modifications to the settlement agreement, when applicable; (XIII) notice and comments, when applicable; and (XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. (ii) A copy of each— (I) settlement agreement entered into by the Executive agency; and (II) statement issued under paragraph (4). (B) Nondisclosure The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)— (i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and (ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. (C) Clarification of responsible agency In a case in which an Executive agency is acting at the request or on behalf of another Executive agency (referred to as the originating agency), the originating agency is responsible for submitting information under subparagraph (A). (2) Guidance The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1). Such guidance shall include the following: (A) Specific dates by which submissions must be made, not less than twice a year. (B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. (C) A requirement that the information and documents required under paragraph (1) are publicly available for a period starting on the date of the settlement through not less than 5 years after the termination of the settlement agreement. (3) Establishment of database The Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. (4) Statement of confidentiality If the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain— (A) what interests confidentiality protects; and (B) why the interests protected by confidentiality outweigh the public’s interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources. 3. Amendments to the Freedom of Information Act Section 552(a)(2) of title 5, United States Code, is amended— (1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: (B) each settlement agreement (as defined in section 307) entered into by an Executive agency, with redactions for information that the agency may withhold under paragraph (8) and subsections (b) and (c) of this section;. 4. Rule of construction Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that any agency may properly withhold from public disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). 5. Effective date; applicability This Act shall be effective 180 days after the date of the enactment of this Act and shall apply— (1) with respect to any settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2), entered into on or after the date of the enactment of this Act; and (2) to the extent practicable, any such settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2) that remains in effect on or after the date of the enactment of this Act.
13,419
[ "Budget Committee", "Oversight and Accountability Committee" ]
118hr4233ih
118
hr
4,233
ih
To facilitate the development of fair and affordable housing, decrease housing costs, and for other purposes.
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Housing Crisis Response Act of 2023. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Creating and Preserving Affordable, Equitable, and Accessible Housing for the 21st Century Sec. 101. Public housing investments. Sec. 102. Investments in affordable and accessible housing production. Sec. 103. Housing investment fund. Sec. 104. Section 811 supportive housing for people with disabilities. Sec. 105. Section 202 supportive housing for the elderly program. Sec. 106. Improving energy efficiency or water efficiency or climate resilience of affordable housing. Sec. 107. Revitalization of distressed multifamily properties. Sec. 108. Investments in rural rental housing. Sec. 109. Housing vouchers. Sec. 110. Project-based rental assistance. Sec. 111. Investments in Native American Communities. Sec. 112. Increased affordable housing program investment. Sec. 113. Promoting housing accessibility and visitability. Title II—21st Century Sustainable and Equitable Communities Sec. 201. Community development block grant funding for affordable housing and infrastructure. Sec. 202. Lead-based paint hazard control and housing-related health and safety hazard mitigation in housing of families with lower incomes. Sec. 203. Unlocking possibilities program. Sec. 204. Strengthening resilience under national flood insurance program. Sec. 205. Community Restoration and Revitalization Fund. Sec. 206. Fair housing activities and investigations. Sec. 207. Intergovernmental fair housing activities and investigations. Title III—Homeownership Investments Sec. 301. First-Generation Downpayment Assistance. Sec. 302. Home loan program. Sec. 303. HUD-insured small dollar mortgage demonstration program. Sec. 304. Investments in rural homeownership. Title IV—HUD Administration, Capacity Building, Technical Assistance, and Agency Oversight Sec. 401. Program administration, training, technical assistance, capacity building, and oversight. Sec. 402. Community-led capacity building.", "id": "H9CFC99B6B51A4BCA86F47D7861A9C1BB", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Housing Crisis Response Act of 2023.", "id": "H6C77F941164C44F1B6BA968D2CEDEB25", "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. Title I—Creating and Preserving Affordable, Equitable, and Accessible Housing for the 21st Century Sec. 101. Public housing investments. Sec. 102. Investments in affordable and accessible housing production. Sec. 103. Housing investment fund. Sec. 104. Section 811 supportive housing for people with disabilities. Sec. 105. Section 202 supportive housing for the elderly program. Sec. 106. Improving energy efficiency or water efficiency or climate resilience of affordable housing. Sec. 107. Revitalization of distressed multifamily properties. Sec. 108. Investments in rural rental housing. Sec. 109. Housing vouchers. Sec. 110. Project-based rental assistance. Sec. 111. Investments in Native American Communities. Sec. 112. Increased affordable housing program investment. Sec. 113. Promoting housing accessibility and visitability. Title II—21st Century Sustainable and Equitable Communities Sec. 201. Community development block grant funding for affordable housing and infrastructure. Sec. 202. Lead-based paint hazard control and housing-related health and safety hazard mitigation in housing of families with lower incomes. Sec. 203. Unlocking possibilities program. Sec. 204. Strengthening resilience under national flood insurance program. Sec. 205. Community Restoration and Revitalization Fund. Sec. 206. Fair housing activities and investigations. Sec. 207. Intergovernmental fair housing activities and investigations. Title III—Homeownership Investments Sec. 301. First-Generation Downpayment Assistance. Sec. 302. Home loan program. Sec. 303. HUD-insured small dollar mortgage demonstration program. Sec. 304. Investments in rural homeownership. Title IV—HUD Administration, Capacity Building, Technical Assistance, and Agency Oversight Sec. 401. Program administration, training, technical assistance, capacity building, and oversight. Sec. 402. Community-led capacity building.", "id": "H6711BA9AE15C4BDFA8E08D33B37E2389", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "101. Public housing investments \n(a) Appropriation \nIn addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $10,000,000,000, to remain available until September 30, 2033, for the Capital Fund under section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ) pursuant to the same formula as in fiscal year 2021, to be made available within 60 days of the date of the enactment of this Act; (2) $53,000,000,000, to remain available until September 30, 2028, for eligible activities under section 9(d)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d)(1) ) for priority investments as determined by the Secretary to repair, replace, or construct properties assisted under such section 9; (3) $1,200,000,000, to remain available until September 30, 2028, for competitive grants under section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v ) (in this section referred to as section 24 ), under the terms and conditions in subsection (b), for transformation, rehabilitation, and replacement housing needs of public and assisted housing, and to transform neighborhoods of poverty into functioning, sustainable mixed-income neighborhoods; (4) $750,000,000, to remain available until September 30, 2033, for the costs to the Secretary of administering and overseeing the implementation of this section and the Public Housing Capital Fund and the section 24 grant program generally, including information technology, financial reporting, research and evaluation, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and (5) $50,000,000, to remain available until September 30, 2033, to make new awards or increase prior awards to existing technical assistance providers to provide an increase in capacity building and technical assistance available to entities eligible for funding for activities or projects consistent with this section. (b) Terms and conditions for section 24 grants \nGrants awarded under subsection (a)(3) shall be subject to terms and conditions determined by the Secretary, which shall include the following: (1) Use \nGrant funds may be used for resident and community services, community development and revitalization, and affordable housing needs in the community. (2) Applicants \nEligible recipients of grants shall include lead applicants and joint applicants, as follows: (A) Lead applicants \nA lead applicant shall be a local government, a public housing agency, or an owner of an assisted housing property. (B) Joint applicants \nA nonprofit organization or a for-profit developer may apply jointly as a joint applicant with such public entities specified in subparagraph (A). A local government must be a joint applicant with an owner of an assisted housing property specified in subparagraph (A). (3) Period of affordability \nGrantees shall commit to a period of affordability determined by the Secretary of not fewer than 20 years, but the Secretary may specify a period of affordability that is fewer than 20 years with respect to homeownership units developed with section 24 grants. (4) Environmental review \nFor purposes of environmental review, a grantee shall be treated as a public housing agency under section 26 of the United States Housing Act of 1937 ( 42 U.S.C. 1437x ). (5) Low-income and affordable housing \nAmounts made available under this section shall be used for low-income housing (as such term is defined under section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) )), HUD-assisted housing, and affordable housing, which shall be housing for which the owner of the project shall record an affordability use restriction approved by the Secretary for households earning up to 120 percent of the area median income and is subject to the period of affordability under paragraph (3) of this subsection. (c) Other terms and conditions \nGrants awarded under this section shall be subject to the following terms and conditions: (1) Limitation \nAmounts provided pursuant to this section may not be used for operating costs or rental assistance. (2) Development of new units \nParagraph (3) of section 9(g) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(g)(3) ) shall not apply to new funds made available under this section. (3) Health and safety \nAmounts made available under this section shall be used to address health, safety, and environmental hazards, including lead, fire, carbon monoxide, mold, asbestos, radon, pest infestation, and other hazards as defined by the Secretary. (4) Energy efficiency and resilience \nAmounts made available under this section shall advance improvements to energy and water efficiency or climate and disaster resilience in housing assisted under this section. (5) Recapture \nIf the Secretary recaptures funding allocated by formula from a public housing agency under subsection (a)(1), such recaptured amounts shall be added to the amounts available under subsection (a)(2), and shall be obligated by the Secretary prior to the expiration of such funds. (6) Supplementation of funds \nThe Secretary shall ensure that amounts provided pursuant to this section shall serve to supplement and not supplant other amounts generated by a recipient of such amounts or amounts provided by other Federal, State, or local sources. (d) Implementation \nThe Secretary shall have authority to issue such regulations or 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.", "id": "H405429A5AA614B4284EAADFACA4F1985", "header": "Public housing investments", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $10,000,000,000, to remain available until September 30, 2033, for the Capital Fund under section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ) pursuant to the same formula as in fiscal year 2021, to be made available within 60 days of the date of the enactment of this Act; (2) $53,000,000,000, to remain available until September 30, 2028, for eligible activities under section 9(d)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d)(1) ) for priority investments as determined by the Secretary to repair, replace, or construct properties assisted under such section 9; (3) $1,200,000,000, to remain available until September 30, 2028, for competitive grants under section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v ) (in this section referred to as section 24 ), under the terms and conditions in subsection (b), for transformation, rehabilitation, and replacement housing needs of public and assisted housing, and to transform neighborhoods of poverty into functioning, sustainable mixed-income neighborhoods; (4) $750,000,000, to remain available until September 30, 2033, for the costs to the Secretary of administering and overseeing the implementation of this section and the Public Housing Capital Fund and the section 24 grant program generally, including information technology, financial reporting, research and evaluation, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and (5) $50,000,000, to remain available until September 30, 2033, to make new awards or increase prior awards to existing technical assistance providers to provide an increase in capacity building and technical assistance available to entities eligible for funding for activities or projects consistent with this section.", "id": "H190660E601164EE6A689475AA1AC7852", "header": "Appropriation", "nested": [], "links": [ { "text": "42 U.S.C. 1437g(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1437g" }, { "text": "42 U.S.C. 1437g(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1437g" }, { "text": "42 U.S.C. 1437v", "legal-doc": "usc", "parsable-cite": "usc/42/1437v" } ] }, { "text": "(b) Terms and conditions for section 24 grants \nGrants awarded under subsection (a)(3) shall be subject to terms and conditions determined by the Secretary, which shall include the following: (1) Use \nGrant funds may be used for resident and community services, community development and revitalization, and affordable housing needs in the community. (2) Applicants \nEligible recipients of grants shall include lead applicants and joint applicants, as follows: (A) Lead applicants \nA lead applicant shall be a local government, a public housing agency, or an owner of an assisted housing property. (B) Joint applicants \nA nonprofit organization or a for-profit developer may apply jointly as a joint applicant with such public entities specified in subparagraph (A). A local government must be a joint applicant with an owner of an assisted housing property specified in subparagraph (A). (3) Period of affordability \nGrantees shall commit to a period of affordability determined by the Secretary of not fewer than 20 years, but the Secretary may specify a period of affordability that is fewer than 20 years with respect to homeownership units developed with section 24 grants. (4) Environmental review \nFor purposes of environmental review, a grantee shall be treated as a public housing agency under section 26 of the United States Housing Act of 1937 ( 42 U.S.C. 1437x ). (5) Low-income and affordable housing \nAmounts made available under this section shall be used for low-income housing (as such term is defined under section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) )), HUD-assisted housing, and affordable housing, which shall be housing for which the owner of the project shall record an affordability use restriction approved by the Secretary for households earning up to 120 percent of the area median income and is subject to the period of affordability under paragraph (3) of this subsection.", "id": "H448A5D3FE50E45DAADF6587EC407FD42", "header": "Terms and conditions for section 24 grants", "nested": [], "links": [ { "text": "42 U.S.C. 1437x", "legal-doc": "usc", "parsable-cite": "usc/42/1437x" }, { "text": "42 U.S.C. 1437a(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437a" } ] }, { "text": "(c) Other terms and conditions \nGrants awarded under this section shall be subject to the following terms and conditions: (1) Limitation \nAmounts provided pursuant to this section may not be used for operating costs or rental assistance. (2) Development of new units \nParagraph (3) of section 9(g) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(g)(3) ) shall not apply to new funds made available under this section. (3) Health and safety \nAmounts made available under this section shall be used to address health, safety, and environmental hazards, including lead, fire, carbon monoxide, mold, asbestos, radon, pest infestation, and other hazards as defined by the Secretary. (4) Energy efficiency and resilience \nAmounts made available under this section shall advance improvements to energy and water efficiency or climate and disaster resilience in housing assisted under this section. (5) Recapture \nIf the Secretary recaptures funding allocated by formula from a public housing agency under subsection (a)(1), such recaptured amounts shall be added to the amounts available under subsection (a)(2), and shall be obligated by the Secretary prior to the expiration of such funds. (6) Supplementation of funds \nThe Secretary shall ensure that amounts provided pursuant to this section shall serve to supplement and not supplant other amounts generated by a recipient of such amounts or amounts provided by other Federal, State, or local sources.", "id": "H3C0BC17C31C1435692EBFEBAFAED4E50", "header": "Other terms and conditions", "nested": [], "links": [ { "text": "42 U.S.C. 1437g(g)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1437g" } ] }, { "text": "(d) Implementation \nThe Secretary shall have authority to issue such regulations or 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.", "id": "HB9741C0166CC4DA5BC2E3A8D2F998F16", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1437g(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1437g" }, { "text": "42 U.S.C. 1437g(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1437g" }, { "text": "42 U.S.C. 1437v", "legal-doc": "usc", "parsable-cite": "usc/42/1437v" }, { "text": "42 U.S.C. 1437x", "legal-doc": "usc", "parsable-cite": "usc/42/1437x" }, { "text": "42 U.S.C. 1437a(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437a" }, { "text": "42 U.S.C. 1437g(g)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1437g" } ] }, { "text": "102. Investments in affordable and accessible housing production \n(a) Appropriation \nIn addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $9,925,000,000, to remain available until September 30, 2028, for activities and assistance for the HOME Investment Partnerships Program (in this section referred to as the HOME program ), as authorized under sections 241 through 242, 244 through 253, 255 through 256, and 281 through 290 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12741–12742 , 42 U.S.C. 12744–12753 , 42 U.S.C. 12755–12756 , 42 U.S.C. 12831–12840 ) (in this section referred to as NAHA ), subject to the terms and conditions paragraph (1)(A) of subsection (b); (2) $14,925,000,000, to remain available until September 30, 2028, for activities and assistance for the HOME Investment Partnerships Program, as authorized under sections 241 through 242, 244 through 253, 255 through 256, and 281 through 290 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12741–12742 , 42 U.S.C. 12744–12753 , 42 U.S.C. 12755–12756 , 42 U.S.C. 12831–12840 ), subject to the terms and conditions in paragraphs (1)(B) and (2) of subsection (b); (3) $50,000,000, to remain available until September 30, 2033, to make new awards or increase prior awards to existing technical assistance providers to provide an increase in capacity building and technical assistance available to any grantees implementing activities or projects consistent with this section; and (4) $100,000,000, to remain available until September 30, 2033, for the costs to the Secretary of administering and overseeing the implementation of this section and the HOME and Housing Trust Fund programs generally, including information technology, financial reporting, research and evaluations, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs. (b) Terms and conditions \n(1) Formulas \n(A) The Secretary shall allocate amounts made available under subsection (a)(1) pursuant to section 217 of NAHA ( 42 U.S.C. 12747 ) to grantees that received allocations pursuant to that same formula in fiscal year 2023 and shall make such allocations within 60 days of the enactment of this Act. (B) The Secretary shall allocate amounts made available under subsection (a)(2) pursuant to the formula specified in section 1338(c)(3) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(c)(3) ) to grantees that received Housing Trust Fund allocations pursuant to that same formula in fiscal year 2023 and shall make such allocations within 60 days of the date of the enactment of this Act. (2) Eligible activities \nOther than as provided in paragraph (5) of this subsection, funds made available under subsection (a)(2) may only be used for eligible activities described in subparagraphs (A) through (B)(i) of section 1338(c)(7) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(c)(7) ), except that not more than 10 percent of funds made available may be used for activities under such subparagraph (B)(i). (3) Funding restrictions \nThe commitment requirements in section 218(g) ( 42 U.S.C. 12748(g) ) of NAHA, the matching requirements in section 220 ( 42 U.S.C. 12750 ) of NAHA, and the set-aside for housing developed, sponsored, or owned by community housing development organizations required in section 231 of NAHA ( 42 U.S.C. 12771 ) shall not apply for amounts made available under this section. (4) Reallocation \nFor funds provided under paragraphs (1) and (2) of subsection (a), the Secretary may recapture certain amounts remaining available to a grantee under this section or amounts declined by a grantee, and reallocate such amounts to other grantees under that paragraph to ensure fund expenditure, geographic diversity, and availability of funding to communities within the State from which the funds have been recaptured. (5) Administration \nNotwithstanding subsections (c) and (d)(1) of section 212 of NAHA ( 42 U.S.C. 12742 ), grantees may use not more than 15 percent of their allocations under this section for administrative and planning costs. (c) Implementation \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.", "id": "H387FEE92F50E4CA88360F9D709614202", "header": "Investments in affordable and accessible housing production", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $9,925,000,000, to remain available until September 30, 2028, for activities and assistance for the HOME Investment Partnerships Program (in this section referred to as the HOME program ), as authorized under sections 241 through 242, 244 through 253, 255 through 256, and 281 through 290 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12741–12742 , 42 U.S.C. 12744–12753 , 42 U.S.C. 12755–12756 , 42 U.S.C. 12831–12840 ) (in this section referred to as NAHA ), subject to the terms and conditions paragraph (1)(A) of subsection (b); (2) $14,925,000,000, to remain available until September 30, 2028, for activities and assistance for the HOME Investment Partnerships Program, as authorized under sections 241 through 242, 244 through 253, 255 through 256, and 281 through 290 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12741–12742 , 42 U.S.C. 12744–12753 , 42 U.S.C. 12755–12756 , 42 U.S.C. 12831–12840 ), subject to the terms and conditions in paragraphs (1)(B) and (2) of subsection (b); (3) $50,000,000, to remain available until September 30, 2033, to make new awards or increase prior awards to existing technical assistance providers to provide an increase in capacity building and technical assistance available to any grantees implementing activities or projects consistent with this section; and (4) $100,000,000, to remain available until September 30, 2033, for the costs to the Secretary of administering and overseeing the implementation of this section and the HOME and Housing Trust Fund programs generally, including information technology, financial reporting, research and evaluations, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs.", "id": "H5861AF51D1DB4D4FAF95EF7F35A89E60", "header": "Appropriation", "nested": [], "links": [ { "text": "42 U.S.C. 12741–12742", "legal-doc": "usc", "parsable-cite": "usc/42/12741" }, { "text": "42 U.S.C. 12744–12753", "legal-doc": "usc", "parsable-cite": "usc/42/12744" }, { "text": "42 U.S.C. 12755–12756", "legal-doc": "usc", "parsable-cite": "usc/42/12755" }, { "text": "42 U.S.C. 12831–12840", "legal-doc": "usc", "parsable-cite": "usc/42/12831" }, { "text": "42 U.S.C. 12741–12742", "legal-doc": "usc", "parsable-cite": "usc/42/12741" }, { "text": "42 U.S.C. 12744–12753", "legal-doc": "usc", "parsable-cite": "usc/42/12744" }, { "text": "42 U.S.C. 12755–12756", "legal-doc": "usc", "parsable-cite": "usc/42/12755" }, { "text": "42 U.S.C. 12831–12840", "legal-doc": "usc", "parsable-cite": "usc/42/12831" } ] }, { "text": "(b) Terms and conditions \n(1) Formulas \n(A) The Secretary shall allocate amounts made available under subsection (a)(1) pursuant to section 217 of NAHA ( 42 U.S.C. 12747 ) to grantees that received allocations pursuant to that same formula in fiscal year 2023 and shall make such allocations within 60 days of the enactment of this Act. (B) The Secretary shall allocate amounts made available under subsection (a)(2) pursuant to the formula specified in section 1338(c)(3) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(c)(3) ) to grantees that received Housing Trust Fund allocations pursuant to that same formula in fiscal year 2023 and shall make such allocations within 60 days of the date of the enactment of this Act. (2) Eligible activities \nOther than as provided in paragraph (5) of this subsection, funds made available under subsection (a)(2) may only be used for eligible activities described in subparagraphs (A) through (B)(i) of section 1338(c)(7) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(c)(7) ), except that not more than 10 percent of funds made available may be used for activities under such subparagraph (B)(i). (3) Funding restrictions \nThe commitment requirements in section 218(g) ( 42 U.S.C. 12748(g) ) of NAHA, the matching requirements in section 220 ( 42 U.S.C. 12750 ) of NAHA, and the set-aside for housing developed, sponsored, or owned by community housing development organizations required in section 231 of NAHA ( 42 U.S.C. 12771 ) shall not apply for amounts made available under this section. (4) Reallocation \nFor funds provided under paragraphs (1) and (2) of subsection (a), the Secretary may recapture certain amounts remaining available to a grantee under this section or amounts declined by a grantee, and reallocate such amounts to other grantees under that paragraph to ensure fund expenditure, geographic diversity, and availability of funding to communities within the State from which the funds have been recaptured. (5) Administration \nNotwithstanding subsections (c) and (d)(1) of section 212 of NAHA ( 42 U.S.C. 12742 ), grantees may use not more than 15 percent of their allocations under this section for administrative and planning costs.", "id": "H322DF82E79784A858A5F08D28A03CA96", "header": "Terms and conditions", "nested": [], "links": [ { "text": "42 U.S.C. 12747", "legal-doc": "usc", "parsable-cite": "usc/42/12747" }, { "text": "12 U.S.C. 4568(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/12/4568" }, { "text": "12 U.S.C. 4568(c)(7)", "legal-doc": "usc", "parsable-cite": "usc/12/4568" }, { "text": "42 U.S.C. 12748(g)", "legal-doc": "usc", "parsable-cite": "usc/42/12748" }, { "text": "42 U.S.C. 12750", "legal-doc": "usc", "parsable-cite": "usc/42/12750" }, { "text": "42 U.S.C. 12771", "legal-doc": "usc", "parsable-cite": "usc/42/12771" }, { "text": "42 U.S.C. 12742", "legal-doc": "usc", "parsable-cite": "usc/42/12742" } ] }, { "text": "(c) Implementation \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.", "id": "H30A479BF3D284C7C999337D96C5D9B06", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 12741–12742", "legal-doc": "usc", "parsable-cite": "usc/42/12741" }, { "text": "42 U.S.C. 12744–12753", "legal-doc": "usc", "parsable-cite": "usc/42/12744" }, { "text": "42 U.S.C. 12755–12756", "legal-doc": "usc", "parsable-cite": "usc/42/12755" }, { "text": "42 U.S.C. 12831–12840", "legal-doc": "usc", "parsable-cite": "usc/42/12831" }, { "text": "42 U.S.C. 12741–12742", "legal-doc": "usc", "parsable-cite": "usc/42/12741" }, { "text": "42 U.S.C. 12744–12753", "legal-doc": "usc", "parsable-cite": "usc/42/12744" }, { "text": "42 U.S.C. 12755–12756", "legal-doc": "usc", "parsable-cite": "usc/42/12755" }, { "text": "42 U.S.C. 12831–12840", "legal-doc": "usc", "parsable-cite": "usc/42/12831" }, { "text": "42 U.S.C. 12747", "legal-doc": "usc", "parsable-cite": "usc/42/12747" }, { "text": "12 U.S.C. 4568(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/12/4568" }, { "text": "12 U.S.C. 4568(c)(7)", "legal-doc": "usc", "parsable-cite": "usc/12/4568" }, { "text": "42 U.S.C. 12748(g)", "legal-doc": "usc", "parsable-cite": "usc/42/12748" }, { "text": "42 U.S.C. 12750", "legal-doc": "usc", "parsable-cite": "usc/42/12750" }, { "text": "42 U.S.C. 12771", "legal-doc": "usc", "parsable-cite": "usc/42/12771" }, { "text": "42 U.S.C. 12742", "legal-doc": "usc", "parsable-cite": "usc/42/12742" } ] }, { "text": "103. Housing investment fund \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2028— (1) $740,000,000 to the Department of the Treasury to establish the Housing Investment Fund established by this section within the Community Development Financial Institutions Fund (in this section referred to as the CDFI Fund ) to make grants to increase investment in the development, preservation, rehabilitation, financing, or purchase of affordable housing primarily for low-, very-low, and extremely low-income families who are renters, and for homeowners with incomes up to 120 percent of the area median income, and for economic development and community facilities related to such housing and to further fair housing; and (2) $10,000,000 for the costs to the CDFI Fund of administering and overseeing the implementation of this section, including information technology, financial reporting, research and evaluations, and other costs. (b) Eligible grantees \nA grant under this section may be made, pursuant to such requirements as the CDFI Fund shall establish, only to— (1) a CDFI Fund certified community development financial institution, as such term is defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ); (2) a nonprofit organization having as one of its principal purposes the creation, development, or preservation of affordable housing, including a subsidiary of a public housing authority; or (3) a consortium comprised of certified community development financial institutions, eligible nonprofit housing organizations, or a combination of both. (c) Eligible uses \nEligible uses for grant amounts awarded from the Housing Investment Fund pursuant to this section shall— (1) be reasonably expected to result in eligible affordable housing activities that support or sustain affordable housing funded by a grant under this section and capital from other public and private sources; and (2) include activities— (A) to provide loan loss reserves; (B) to capitalize an acquisition fund to acquire residential, industrial, or commercial property and land for the purpose of the preservation, development, or rehabilitation of affordable housing, including to support the creation, preservation, or rehabilitation of resident-owned manufactured housing communities; (C) to capitalize an affordable housing fund, for development, preservation, rehabilitation, or financing of affordable housing and economic development activities, including community facilities, if part of a mixed-use project, or activities described in this paragraph related to transit-oriented development, which may also be designated as a focus of such a fund; (D) to capitalize an affordable housing mortgage fund, to facilitate the origination of mortgages to buyers that may experience significant barriers to accessing affordable mortgage credit, including mortgages having low original principal obligations; (E) for risk-sharing loans; (F) to provide loan guarantees; and (G) to fund rental housing operations. (d) Implementation \nThe CDFI Fund shall have the authority to issue such regulations, notice, 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.", "id": "H3EB8D7EAA7FA4E0B8C3916CE8525D427", "header": "Housing investment fund", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2028— (1) $740,000,000 to the Department of the Treasury to establish the Housing Investment Fund established by this section within the Community Development Financial Institutions Fund (in this section referred to as the CDFI Fund ) to make grants to increase investment in the development, preservation, rehabilitation, financing, or purchase of affordable housing primarily for low-, very-low, and extremely low-income families who are renters, and for homeowners with incomes up to 120 percent of the area median income, and for economic development and community facilities related to such housing and to further fair housing; and (2) $10,000,000 for the costs to the CDFI Fund of administering and overseeing the implementation of this section, including information technology, financial reporting, research and evaluations, and other costs.", "id": "HEC92B7795047481083792F292D0A39C4", "header": "Appropriation", "nested": [], "links": [] }, { "text": "(b) Eligible grantees \nA grant under this section may be made, pursuant to such requirements as the CDFI Fund shall establish, only to— (1) a CDFI Fund certified community development financial institution, as such term is defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ); (2) a nonprofit organization having as one of its principal purposes the creation, development, or preservation of affordable housing, including a subsidiary of a public housing authority; or (3) a consortium comprised of certified community development financial institutions, eligible nonprofit housing organizations, or a combination of both.", "id": "H7B0A7EE22C8749CBA5C01BF1D5CB95AC", "header": "Eligible grantees", "nested": [], "links": [ { "text": "12 U.S.C. 4702", "legal-doc": "usc", "parsable-cite": "usc/12/4702" } ] }, { "text": "(c) Eligible uses \nEligible uses for grant amounts awarded from the Housing Investment Fund pursuant to this section shall— (1) be reasonably expected to result in eligible affordable housing activities that support or sustain affordable housing funded by a grant under this section and capital from other public and private sources; and (2) include activities— (A) to provide loan loss reserves; (B) to capitalize an acquisition fund to acquire residential, industrial, or commercial property and land for the purpose of the preservation, development, or rehabilitation of affordable housing, including to support the creation, preservation, or rehabilitation of resident-owned manufactured housing communities; (C) to capitalize an affordable housing fund, for development, preservation, rehabilitation, or financing of affordable housing and economic development activities, including community facilities, if part of a mixed-use project, or activities described in this paragraph related to transit-oriented development, which may also be designated as a focus of such a fund; (D) to capitalize an affordable housing mortgage fund, to facilitate the origination of mortgages to buyers that may experience significant barriers to accessing affordable mortgage credit, including mortgages having low original principal obligations; (E) for risk-sharing loans; (F) to provide loan guarantees; and (G) to fund rental housing operations.", "id": "HD6487E4F99534E73AF4122927B6B5DC8", "header": "Eligible uses", "nested": [], "links": [] }, { "text": "(d) Implementation \nThe CDFI Fund shall have the authority to issue such regulations, notice, 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.", "id": "H46871811902E4CC1A5F84DF9C9382DF1", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 4702", "legal-doc": "usc", "parsable-cite": "usc/12/4702" } ] }, { "text": "104. Section 811 supportive housing for people with disabilities \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $450,000,000 for capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811(b)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(b)(2) ) (in this section referred to as the Act ), and subject to subsections (a) through (h)(4), (h)(6) through (i)(1)(C), and (i)(2) through (m) of such section 811 ( 42 U.S.C. 8013(a) – 42 U.S.C. 8013(h)(4) , 42 U.S.C. 8013(h)(6) – 42 U.S.C. 8013(i)(1)(C) , 42 U.S.C. 8013(i)(2) – 42 U.S.C. 8013(m) ), and for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of the Act and for project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 ( Public Law 86–372 ; 73 Stat. 667), for project rental assistance to State housing finance agencies and other appropriate entities as authorized under section 811(b)(3) of the Act, for State housing finance agencies; (2) $7,500,000 for providing technical assistance to support State-level efforts to integrate housing assistance and voluntary supportive services for residents of housing receiving such assistance, which funding may also be used to provide technical assistance to applicants and potential applicants to understand program requirements and develop effective applications, and the Secretary may use amounts made available under this paragraph to increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance; and (3) $42,500,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Supportive Housing for Persons with Disabilities program generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Limitations on costs \nWhen awarding grants under paragraph (1) of subsection (a), the Secretary shall establish and assess reasonable development cost limitations by market area for various types and sizes of supportive housing for persons with disabilities. The Secretary shall not count owner or sponsor contributions of other funding or assistance against the overall cost of a project. (c) Occupancy standards \nThe owner or sponsor of housing assisted with funds provided under this section may, with the approval of the Secretary, limit occupancy with the housing to persons with disabilities who can benefit from the supportive services offered in connection with the housing. (d) Implementation \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.", "id": "H66FB8E137BC74FB4B501A9DF3D4E99CF", "header": "Section 811 supportive housing for people with disabilities", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $450,000,000 for capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811(b)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(b)(2) ) (in this section referred to as the Act ), and subject to subsections (a) through (h)(4), (h)(6) through (i)(1)(C), and (i)(2) through (m) of such section 811 ( 42 U.S.C. 8013(a) – 42 U.S.C. 8013(h)(4) , 42 U.S.C. 8013(h)(6) – 42 U.S.C. 8013(i)(1)(C) , 42 U.S.C. 8013(i)(2) – 42 U.S.C. 8013(m) ), and for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of the Act and for project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 ( Public Law 86–372 ; 73 Stat. 667), for project rental assistance to State housing finance agencies and other appropriate entities as authorized under section 811(b)(3) of the Act, for State housing finance agencies; (2) $7,500,000 for providing technical assistance to support State-level efforts to integrate housing assistance and voluntary supportive services for residents of housing receiving such assistance, which funding may also be used to provide technical assistance to applicants and potential applicants to understand program requirements and develop effective applications, and the Secretary may use amounts made available under this paragraph to increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance; and (3) $42,500,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Supportive Housing for Persons with Disabilities program generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033.", "id": "H701970AEBBEE438988C4EC20B891C2F4", "header": "Appropriation", "nested": [], "links": [ { "text": "42 U.S.C. 8013(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 8013(a)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 8013(h)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 8013(h)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 8013(i)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 8013(i)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 8013(m)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "Public Law 86–372", "legal-doc": "public-law", "parsable-cite": "pl/86/372" } ] }, { "text": "(b) Limitations on costs \nWhen awarding grants under paragraph (1) of subsection (a), the Secretary shall establish and assess reasonable development cost limitations by market area for various types and sizes of supportive housing for persons with disabilities. The Secretary shall not count owner or sponsor contributions of other funding or assistance against the overall cost of a project.", "id": "H294477BF66E54187B91FEC02AB967C71", "header": "Limitations on costs", "nested": [], "links": [] }, { "text": "(c) Occupancy standards \nThe owner or sponsor of housing assisted with funds provided under this section may, with the approval of the Secretary, limit occupancy with the housing to persons with disabilities who can benefit from the supportive services offered in connection with the housing.", "id": "HAD76B84EC1384AA3885B7ED093477DC6", "header": "Occupancy standards", "nested": [], "links": [] }, { "text": "(d) Implementation \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.", "id": "H68C6D6245E1D4107B9135D444F2C5271", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 8013(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 8013(a)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 8013(h)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 8013(h)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 8013(i)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 8013(i)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 8013(m)", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "Public Law 86–372", "legal-doc": "public-law", "parsable-cite": "pl/86/372" } ] }, { "text": "105. Section 202 supportive housing for the elderly program \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $450,000,000 for the Supportive Housing for the Elderly Program authorized under section 202 of the Housing Act of 1959, and subject to subsections (a) through (g), (h)(2) through (h)(5), and (i) through (m) of such section 202 ( 12 U.S.C. 1701q(a) –12 U.S.C. 1701q(g), 12 U.S.C. 1701q(h)(2) –12 U.S.C. 1701q(h)(5), 12 U.S.C. 1701q(i) –12 U.S.C. 1701q(m)) (in this section referred to as the Act ), which shall be used— (A) for capital advance awards in accordance with section 202(c)(1) of the Act to recipients that are eligible under the Act; (B) for new section 8 project-based rental assistance contracts under section 8(b) of the United States Housing Act of 1937 Act ( 42 U.S.C. 1437f(b) ), subject to subsection (c) of this section, with the Secretary setting the terms of such project-based rental assistance contracts, including the duration and provisions regarding rent setting and rent adjustment, to support the capital advance projects funded under this section; and (C) for service coordinators; (2) $7,500,000, to provide technical assistance to support State-level efforts to improve the design and delivery of voluntary supportive services for residents of any housing assisted under the Act and other housing supporting low-income older adults, in order to support residents to age-in-place and avoid institutional care, as well as to assist applicants and potential applicants with project-specific design, and the Secretary may use amounts made available under this paragraph to increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance; and (3) $42,500,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Supportive Housing for the Elderly program generally, including information technology, financial reporting, research and evaluation, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Limitation on costs \nWhen awarding grants under paragraph (1) of subsection (a), the Secretary shall establish and assess reasonable development cost limitations by market area for various types and sizes of supportive housing for the elderly. The Secretary shall not count owner or sponsor contributions of other funding or assistance against the overall cost of a project. (c) Implementation \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.", "id": "H108B7FB0750A4E8C9AA5F342337A5312", "header": "Section 202 supportive housing for the elderly program", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $450,000,000 for the Supportive Housing for the Elderly Program authorized under section 202 of the Housing Act of 1959, and subject to subsections (a) through (g), (h)(2) through (h)(5), and (i) through (m) of such section 202 ( 12 U.S.C. 1701q(a) –12 U.S.C. 1701q(g), 12 U.S.C. 1701q(h)(2) –12 U.S.C. 1701q(h)(5), 12 U.S.C. 1701q(i) –12 U.S.C. 1701q(m)) (in this section referred to as the Act ), which shall be used— (A) for capital advance awards in accordance with section 202(c)(1) of the Act to recipients that are eligible under the Act; (B) for new section 8 project-based rental assistance contracts under section 8(b) of the United States Housing Act of 1937 Act ( 42 U.S.C. 1437f(b) ), subject to subsection (c) of this section, with the Secretary setting the terms of such project-based rental assistance contracts, including the duration and provisions regarding rent setting and rent adjustment, to support the capital advance projects funded under this section; and (C) for service coordinators; (2) $7,500,000, to provide technical assistance to support State-level efforts to improve the design and delivery of voluntary supportive services for residents of any housing assisted under the Act and other housing supporting low-income older adults, in order to support residents to age-in-place and avoid institutional care, as well as to assist applicants and potential applicants with project-specific design, and the Secretary may use amounts made available under this paragraph to increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance; and (3) $42,500,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Supportive Housing for the Elderly program generally, including information technology, financial reporting, research and evaluation, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033.", "id": "HE0530515DCF74FBEB36D9A82C9B6FDA7", "header": "Appropriation", "nested": [], "links": [ { "text": "12 U.S.C. 1701q(a)", "legal-doc": "usc", "parsable-cite": "usc/12/1701q" }, { "text": "12 U.S.C. 1701q(h)(2)", "legal-doc": "usc", "parsable-cite": "usc/12/1701q" }, { "text": "12 U.S.C. 1701q(i)", "legal-doc": "usc", "parsable-cite": "usc/12/1701q" }, { "text": "42 U.S.C. 1437f(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "(b) Limitation on costs \nWhen awarding grants under paragraph (1) of subsection (a), the Secretary shall establish and assess reasonable development cost limitations by market area for various types and sizes of supportive housing for the elderly. The Secretary shall not count owner or sponsor contributions of other funding or assistance against the overall cost of a project.", "id": "H846C9F89E1324E3AAFE7882BCC01916B", "header": "Limitation on costs", "nested": [], "links": [] }, { "text": "(c) Implementation \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.", "id": "H4BFA2049FAB6496FB3331F5A88B99870", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 1701q(a)", "legal-doc": "usc", "parsable-cite": "usc/12/1701q" }, { "text": "12 U.S.C. 1701q(h)(2)", "legal-doc": "usc", "parsable-cite": "usc/12/1701q" }, { "text": "12 U.S.C. 1701q(i)", "legal-doc": "usc", "parsable-cite": "usc/12/1701q" }, { "text": "42 U.S.C. 1437f(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "106. Improving energy efficiency or water efficiency or climate resilience of affordable housing \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,770,000,000, to remain available until September 30, 2030, for the cost of providing direct loans, including the costs of modifying such loans, and for grants, as provided for and subject to terms and conditions in subsection (b), including to subsidize gross obligations for the principal amount of direct loans, not to exceed $4,000,000,000, to fund projects that improve the energy or water efficiency, indoor air quality and sustainability improvements, implement low-emission technologies, materials, or processes, including zero-emission electricity generation, energy storage, or building electrification, electric car charging station installations, or address climate resilience of multifamily properties; (2) $25,000,000, to remain available until September 30, 2032, for the costs to the Secretary of administering and overseeing the implementation of this section, including information technology, financial reporting, research and evaluation, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; (3) $120,000,000, to remain available until September 30, 2031, for expenses of contracts administered by the Secretary, including to carry out property climate risk, energy, or water assessments, due diligence, and underwriting functions for such grant and direct loan program; and (4) $85,000,000, to remain available until September 30, 2030, for energy and water benchmarking of properties eligible to receive grants or loans under this section, regardless of whether they actually received such grants, along with associated data analysis and evaluation at the property and portfolio level, including the development of information technology systems necessary for the collection, evaluation, and analysis of such data. (b) Loan and grant terms and conditions \nAmounts made available under this section shall be for direct loans, grants, and direct loans that can be converted to grants to eligible recipients that agree to an extended period of affordability for the property. (c) Definitions \nAs used in this section— (1) the term eligible recipient means any owner or sponsor of an eligible property; and (2) the term eligible property means a property receiving project-based assistance pursuant to— (A) section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ); (B) section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); or (C) section 8(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(b) ). (d) Implementation \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.", "id": "H6BC1B1D383D94210A33EAE474D449566", "header": "Improving energy efficiency or water efficiency or climate resilience of affordable housing", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,770,000,000, to remain available until September 30, 2030, for the cost of providing direct loans, including the costs of modifying such loans, and for grants, as provided for and subject to terms and conditions in subsection (b), including to subsidize gross obligations for the principal amount of direct loans, not to exceed $4,000,000,000, to fund projects that improve the energy or water efficiency, indoor air quality and sustainability improvements, implement low-emission technologies, materials, or processes, including zero-emission electricity generation, energy storage, or building electrification, electric car charging station installations, or address climate resilience of multifamily properties; (2) $25,000,000, to remain available until September 30, 2032, for the costs to the Secretary of administering and overseeing the implementation of this section, including information technology, financial reporting, research and evaluation, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; (3) $120,000,000, to remain available until September 30, 2031, for expenses of contracts administered by the Secretary, including to carry out property climate risk, energy, or water assessments, due diligence, and underwriting functions for such grant and direct loan program; and (4) $85,000,000, to remain available until September 30, 2030, for energy and water benchmarking of properties eligible to receive grants or loans under this section, regardless of whether they actually received such grants, along with associated data analysis and evaluation at the property and portfolio level, including the development of information technology systems necessary for the collection, evaluation, and analysis of such data.", "id": "H681E58012EA546A1A44C92414052F0B1", "header": "Appropriation", "nested": [], "links": [] }, { "text": "(b) Loan and grant terms and conditions \nAmounts made available under this section shall be for direct loans, grants, and direct loans that can be converted to grants to eligible recipients that agree to an extended period of affordability for the property.", "id": "H5DD9BECDAED24663B2D0AB1CCC0131B8", "header": "Loan and grant terms and conditions", "nested": [], "links": [] }, { "text": "(c) Definitions \nAs used in this section— (1) the term eligible recipient means any owner or sponsor of an eligible property; and (2) the term eligible property means a property receiving project-based assistance pursuant to— (A) section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ); (B) section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); or (C) section 8(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(b) ).", "id": "HDC732B4AC6554995897852598F020876", "header": "Definitions", "nested": [], "links": [ { "text": "12 U.S.C. 1701q", "legal-doc": "usc", "parsable-cite": "usc/12/1701q" }, { "text": "42 U.S.C. 8013", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 1437f(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "(d) Implementation \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.", "id": "H69B5AF2986E240ABA0BC02F510FC1D78", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 1701q", "legal-doc": "usc", "parsable-cite": "usc/12/1701q" }, { "text": "42 U.S.C. 8013", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "42 U.S.C. 1437f(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "107. Revitalization of distressed multifamily properties \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,550,000,000 for providing direct loans, which may be forgivable, to owners of distressed properties for the purpose of making necessary physical improvements, including to subsidize gross obligations for the principal amount of direct loans not to exceed $6,000,000,000, subject to the terms and conditions in subsection (b); and (2) $50,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Office of Housing programs generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2031. (b) Loan terms and conditions \n(1) Eligibility \nOwners or sponsors of multifamily housing projects who meet each of the following requirements shall be eligible for loan assistance under this section: (A) The multifamily housing project, including any project from which assistance has been approved to be transferred has deficiencies that cause the project to be at risk of physical obsolescence or economic non-viability. (B) The actual rents received by the owner or sponsor of the distressed property would not adequately sustain the debt needed to make necessary physical improvements. (C) The owner or sponsor meets any such additional eligibility criteria as the Secretary determines to be appropriate, considering factors that contributed to the project’s deficiencies. (2) Use of loan funds \nEach recipient of loan assistance under this section may only use such loan assistance to make necessary physical improvements. (3) Loan availability \nThe Secretary shall only provide loan assistance to an owner or sponsor of a multifamily housing project when such assistance, considered with other financial resources available to the owner or sponsor, is needed to make the necessary physical improvements. (4) Interest rates and length \nLoans provided under this section shall bear interest at 1 percent, and at origination shall have a repayment period coterminous with the affordability period established under paragraph (6), with the frequency and amount of repayments to be determined by requirements established by the Secretary. (5) Loan modifications or forgiveness \nWith respect to loans provided under this section, the Secretary may take any of the following actions if the Secretary determines that doing so will preserve affordability of the project: (A) Waive any due on sale or due on refinancing restriction. (B) Consent to the terms of new debt to which the loans may be subordinate, even if such new debt would impact the repayment of the loans. (C) Extend the term of the loan. (D) Forgive the loan in whole or in part. (6) Extended affordability period \nEach recipient of loan assistance under this section shall agree to an extended affordability period for the project that is subject to the loan by extending any existing affordable housing use agreements for an additional 30 years or, if the project is not currently subject to a use agreement establishing affordability requirements, by establishing a use agreement for 30 years. (7) Matching contribution \nEach recipient of loan assistance under this section shall secure at least 20 percent of the total cost needed to make the necessary physical improvements from non-Federal sources, except in cases where the Secretary determines that a lack of financial resources qualifies a loan recipient for— (A) a reduced contribution below 20 percent; or (B) an exemption to the matching contribution requirement. (8) Additional loan conditions \nThe Secretary may establish additional conditions for loan eligibility provided under this section as the Secretary determines to be appropriate. (9) Properties insured by the Secretary \nIn the case of any property with respect to which assistance is provided under this section that has a mortgage insured by the Secretary, the Secretary may use funds available under this section as necessary to pay for the costs of modifying such loan. (c) Definitions \nAs used in this section— (1) the term multifamily housing project means a project consisting of five or more dwelling units assisted or approved to receive a transfer of assistance, insured, or with a loan held by the Secretary or a State or State agency in part or in whole pursuant to— (A) section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), not including subsection (o)(13) of such section; (B) section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ), as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act; (C) section 202 of the Housing Act of 1959 (former 12 U.S.C. 1701q ), as such section existed before the enactment of the Cranston-Gonzalez National Affordable Housing Act; (D) section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); or (E) section 236 of the National Housing Act ( 12 U.S.C. 1715z–1 ); and (2) the term necessary physical improvements means new construction or capital improvements to an existing multifamily housing project that the Secretary determines are necessary to address the deficiencies or that rise to such a level that delaying physical improvements to the project would be detrimental to the longevity of the project as suitable housing for occupancy. (d) Implementation \nThe Secretary shall have the 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.", "id": "HCF5236B805F9421AA6B33603888DA5B8", "header": "Revitalization of distressed multifamily properties", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,550,000,000 for providing direct loans, which may be forgivable, to owners of distressed properties for the purpose of making necessary physical improvements, including to subsidize gross obligations for the principal amount of direct loans not to exceed $6,000,000,000, subject to the terms and conditions in subsection (b); and (2) $50,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Office of Housing programs generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2031.", "id": "HAB16274FDAB14913AB4211B703DB61E5", "header": "Appropriation", "nested": [], "links": [] }, { "text": "(b) Loan terms and conditions \n(1) Eligibility \nOwners or sponsors of multifamily housing projects who meet each of the following requirements shall be eligible for loan assistance under this section: (A) The multifamily housing project, including any project from which assistance has been approved to be transferred has deficiencies that cause the project to be at risk of physical obsolescence or economic non-viability. (B) The actual rents received by the owner or sponsor of the distressed property would not adequately sustain the debt needed to make necessary physical improvements. (C) The owner or sponsor meets any such additional eligibility criteria as the Secretary determines to be appropriate, considering factors that contributed to the project’s deficiencies. (2) Use of loan funds \nEach recipient of loan assistance under this section may only use such loan assistance to make necessary physical improvements. (3) Loan availability \nThe Secretary shall only provide loan assistance to an owner or sponsor of a multifamily housing project when such assistance, considered with other financial resources available to the owner or sponsor, is needed to make the necessary physical improvements. (4) Interest rates and length \nLoans provided under this section shall bear interest at 1 percent, and at origination shall have a repayment period coterminous with the affordability period established under paragraph (6), with the frequency and amount of repayments to be determined by requirements established by the Secretary. (5) Loan modifications or forgiveness \nWith respect to loans provided under this section, the Secretary may take any of the following actions if the Secretary determines that doing so will preserve affordability of the project: (A) Waive any due on sale or due on refinancing restriction. (B) Consent to the terms of new debt to which the loans may be subordinate, even if such new debt would impact the repayment of the loans. (C) Extend the term of the loan. (D) Forgive the loan in whole or in part. (6) Extended affordability period \nEach recipient of loan assistance under this section shall agree to an extended affordability period for the project that is subject to the loan by extending any existing affordable housing use agreements for an additional 30 years or, if the project is not currently subject to a use agreement establishing affordability requirements, by establishing a use agreement for 30 years. (7) Matching contribution \nEach recipient of loan assistance under this section shall secure at least 20 percent of the total cost needed to make the necessary physical improvements from non-Federal sources, except in cases where the Secretary determines that a lack of financial resources qualifies a loan recipient for— (A) a reduced contribution below 20 percent; or (B) an exemption to the matching contribution requirement. (8) Additional loan conditions \nThe Secretary may establish additional conditions for loan eligibility provided under this section as the Secretary determines to be appropriate. (9) Properties insured by the Secretary \nIn the case of any property with respect to which assistance is provided under this section that has a mortgage insured by the Secretary, the Secretary may use funds available under this section as necessary to pay for the costs of modifying such loan.", "id": "H017BADF39DCC4DDF8305245B73592719", "header": "Loan terms and conditions", "nested": [], "links": [] }, { "text": "(c) Definitions \nAs used in this section— (1) the term multifamily housing project means a project consisting of five or more dwelling units assisted or approved to receive a transfer of assistance, insured, or with a loan held by the Secretary or a State or State agency in part or in whole pursuant to— (A) section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), not including subsection (o)(13) of such section; (B) section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ), as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act; (C) section 202 of the Housing Act of 1959 (former 12 U.S.C. 1701q ), as such section existed before the enactment of the Cranston-Gonzalez National Affordable Housing Act; (D) section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); or (E) section 236 of the National Housing Act ( 12 U.S.C. 1715z–1 ); and (2) the term necessary physical improvements means new construction or capital improvements to an existing multifamily housing project that the Secretary determines are necessary to address the deficiencies or that rise to such a level that delaying physical improvements to the project would be detrimental to the longevity of the project as suitable housing for occupancy.", "id": "HA2B6F83D1A2E4BBB9526487F77BFC1CD", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1437f", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "12 U.S.C. 1701q", "legal-doc": "usc", "parsable-cite": "usc/12/1701q" }, { "text": "12 U.S.C. 1701q", "legal-doc": "usc", "parsable-cite": "usc/12/1701q" }, { "text": "42 U.S.C. 8013", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "12 U.S.C. 1715z–1", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-1" } ] }, { "text": "(d) Implementation \nThe Secretary shall have the 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.", "id": "H436302403C4B4774B889C72F7BA92ED2", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1437f", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "12 U.S.C. 1701q", "legal-doc": "usc", "parsable-cite": "usc/12/1701q" }, { "text": "12 U.S.C. 1701q", "legal-doc": "usc", "parsable-cite": "usc/12/1701q" }, { "text": "42 U.S.C. 8013", "legal-doc": "usc", "parsable-cite": "usc/42/8013" }, { "text": "12 U.S.C. 1715z–1", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-1" } ] }, { "text": "108. Investments in rural rental housing \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Rural Housing Service of the Department of Agriculture for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,800,000,000, to remain available until September 30, 2031, for the Administrator of the Rural Housing Service for making loans and grants for new construction, improvements to energy and water efficiency or climate resilience, the removal of health and safety hazards, and the preservation and revitalization of housing for other purposes described under section 514 of the Housing Act of 1949 ( 42 U.S.C. 1484 ), subsections (a)(1) through (a)(2), (b)(1) through (b)(3), (b)(5) through (aa)(2)(A), and (aa)(4) of section 515 of such Act ( 42 U.S.C. 1485(a)(1) –42 U.S.C. 1485(a)(2), 42 U.S.C. 1485(b)(1) –(b)(3), 42 U.S.C. 1485(b)(5) – 42 U.S.C. 1485(aa)(2)(A) , 42 U.S.C. 1485(aa)(4) ), and 516 of such act ( 42 U.S.C. 1486 ), subject to the terms and conditions in subsection (b); (2) $100,000,000, to remain available until September 30, 2031, to provide continued assistance pursuant to section 3203 of the American Rescue Plan Act of 2021; and (3) $100,000,000, to remain available until September 30, 2032, for the costs to the Rural Housing Service of the Department of Agriculture of administering and overseeing the implementation of this section, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. (b) Preservation and revitalization terms and conditions \n(1) Loans and grants and other assistance \nThe Administrator of the Rural Housing Service of the Department of Agriculture shall provide direct loans and grants, including the cost of modifying loans, to restructure existing Department of Agriculture multi-family housing loans expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers, including— (A) reducing or eliminating interest; (B) deferring loan payments; (C) subordinating, reducing, or re-amortizing loan debt; and (D) providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary, including such assistance to non-profit entities and public housing authorities. (2) Restrictive use agreement \nThe Administrator of the Rural Housing Service of the Department of Agriculture shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring. (c) Implementation \nThe Administrator of the Rural Housing Service of the Department of Agriculture 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.", "id": "H9BF819735FAA48A2A950F876CF428537", "header": "Investments in rural rental housing", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Rural Housing Service of the Department of Agriculture for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,800,000,000, to remain available until September 30, 2031, for the Administrator of the Rural Housing Service for making loans and grants for new construction, improvements to energy and water efficiency or climate resilience, the removal of health and safety hazards, and the preservation and revitalization of housing for other purposes described under section 514 of the Housing Act of 1949 ( 42 U.S.C. 1484 ), subsections (a)(1) through (a)(2), (b)(1) through (b)(3), (b)(5) through (aa)(2)(A), and (aa)(4) of section 515 of such Act ( 42 U.S.C. 1485(a)(1) –42 U.S.C. 1485(a)(2), 42 U.S.C. 1485(b)(1) –(b)(3), 42 U.S.C. 1485(b)(5) – 42 U.S.C. 1485(aa)(2)(A) , 42 U.S.C. 1485(aa)(4) ), and 516 of such act ( 42 U.S.C. 1486 ), subject to the terms and conditions in subsection (b); (2) $100,000,000, to remain available until September 30, 2031, to provide continued assistance pursuant to section 3203 of the American Rescue Plan Act of 2021; and (3) $100,000,000, to remain available until September 30, 2032, for the costs to the Rural Housing Service of the Department of Agriculture of administering and overseeing the implementation of this section, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs.", "id": "H0F85A09B4BE24586B04427CC5278776E", "header": "Appropriation", "nested": [], "links": [ { "text": "42 U.S.C. 1484", "legal-doc": "usc", "parsable-cite": "usc/42/1484" }, { "text": "42 U.S.C. 1485(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1485" }, { "text": "42 U.S.C. 1485(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1485" }, { "text": "42 U.S.C. 1485(b)(5)", "legal-doc": "usc", "parsable-cite": "usc/42/1485" }, { "text": "42 U.S.C. 1485(aa)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1485" }, { "text": "42 U.S.C. 1485(aa)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1485" }, { "text": "42 U.S.C. 1486", "legal-doc": "usc", "parsable-cite": "usc/42/1486" } ] }, { "text": "(b) Preservation and revitalization terms and conditions \n(1) Loans and grants and other assistance \nThe Administrator of the Rural Housing Service of the Department of Agriculture shall provide direct loans and grants, including the cost of modifying loans, to restructure existing Department of Agriculture multi-family housing loans expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers, including— (A) reducing or eliminating interest; (B) deferring loan payments; (C) subordinating, reducing, or re-amortizing loan debt; and (D) providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary, including such assistance to non-profit entities and public housing authorities. (2) Restrictive use agreement \nThe Administrator of the Rural Housing Service of the Department of Agriculture shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring.", "id": "H269A5843C2D443B9B4D47723FC14698B", "header": "Preservation and revitalization terms and conditions", "nested": [], "links": [] }, { "text": "(c) Implementation \nThe Administrator of the Rural Housing Service of the Department of Agriculture 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.", "id": "HF57E8FF195B24C52B41C622105DAA76F", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1484", "legal-doc": "usc", "parsable-cite": "usc/42/1484" }, { "text": "42 U.S.C. 1485(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1485" }, { "text": "42 U.S.C. 1485(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1485" }, { "text": "42 U.S.C. 1485(b)(5)", "legal-doc": "usc", "parsable-cite": "usc/42/1485" }, { "text": "42 U.S.C. 1485(aa)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1485" }, { "text": "42 U.S.C. 1485(aa)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1485" }, { "text": "42 U.S.C. 1486", "legal-doc": "usc", "parsable-cite": "usc/42/1486" } ] }, { "text": "109. Housing vouchers \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $15,000,000,000, to remain available until September 30, 2031, for— (A) incremental tenant-based rental assistance for extremely low-income families under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ); (B) renewals of such tenant-based rental assistance; and (C) fees for the costs of administering tenant-based rental assistance and other expenses related to the utilization of voucher assistance under subparagraph (A), which may include the cost of facilitating the use of voucher assistance provided under paragraph (5); (2) $7,100,000,000, to remain available until September 30, 2031, for— (A) incremental tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) for households experiencing or at risk of homelessness, survivors of domestic violence, dating violence, sexual assault, and stalking, and survivors of trafficking; (B) renewals of such tenant-based rental assistance; and (C) fees for the costs of administering tenant-based rental assistance and other expenses related to the utilization of voucher assistance under subparagraph (A), which may include the cost of facilitating the use of voucher assistance provided under paragraph (5); (3) $1,000,000,000, to remain available until September 30, 2033, for— (A) tenant protection vouchers for relocation and replacement of public housing units demolished or disposed as part of a public housing preservation or project-based replacement transaction using funds made available under this title; (B) renewals of such tenant-based rental assistance; and (C) fees for the costs of administering tenant-based rental assistance and other expenses related to the utilization of voucher assistance under subparagraph (A), which may include the cost of facilitating the use of voucher assistance provided under paragraph (5); (4) $300,000,000, to remain available until September 30, 2033, for competitive grants, subject to terms and conditions determined by the Secretary, to public housing agencies for mobility-related services for voucher families, including families with children, and service coordination; (5) $230,000,000, to remain available until September 30, 2033, for eligible expenses to facilitate the use of voucher assistance under this section and for other voucher assistance under section 8(o) of the United States Housing Act of 1937, as determined by the Secretary, in addition to amounts otherwise available for such expenses, including property owner outreach and retention activities such as incentive payments, security deposit payments and loss reserves, landlord liaisons, and other uses of funds designed primarily— (A) to recruit owners of dwelling units, particularly dwelling units in census tracts with a poverty rate of less than 20 percent, to enter into housing assistance payment contracts; and (B) to encourage owners that enter into housing assistance payment contracts as described in subparagraph (A) to continue to lease their dwelling units to tenants assisted under section 8(o) of the United States Housing Act of 1937; (6) $300,000,000, to remain available until September 30, 2033, for the costs to the Secretary of administering and overseeing the implementation of this section and the Housing Choice Voucher program generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and (7) $70,000,000, to remain available until September 30, 2033, for making new awards or increasing prior awards to existing technical assistance providers to provide an increase in capacity building and technical assistance available to public housing agencies. (b) Terms and conditions \n(1) Allocation \nThe Secretary shall allocate initial incremental assistance provided for rental assistance under subsection (a)(1) and (2) in each fiscal year commencing in 2024 and ending in 2028 in accordance with a formula or formulas that include measures of severe housing need among extremely low-income renters and public housing agency capacity, and ensures geographic diversity among public housing agencies administering the Housing Choice Voucher program. (2) Election to administer \nThe Secretary shall establish a procedure for public housing agencies to accept or decline the incremental vouchers made available under this section. (3) Failure to use vouchers promptly \nIf a public housing agency fails to lease the authorized vouchers it has received under this subsection on behalf of eligible families within a reasonable period of time, the Secretary may offset the agency’s voucher renewal allocations and may revoke and redistribute any unleased vouchers and associated funds, which may include administrative fees and amounts allocated under subsections (a)(3) and (a)(4), to other public housing agencies. (4) Limitation of use of funds \nPublic housing agencies may use funds received under this section only for the activities listed in subsection (a) for which the funds were provided to such agency. (5) Cap on project-based vouchers for vulnerable populations \nUpon request by a public housing agency, the Secretary may designate a number of the public housing agency’s vouchers allocated under this section as excepted units that do not count against the percentage limitation on the number of authorized units a public housing agency may project-base under section 8(o)(13)(B) of the United States Housing Act of 1937, in accordance with the conditions established by the Secretary. This paragraph may not be construed to waive, limit, or specify alternative requirements, or permit such waivers, limitations, or alternative requirements, related to fair housing and nondiscrimination, including the requirement to provide housing and services to individuals with disabilities in integrated settings. (6) Homeless waiver authority \nIn administering the voucher assistance targeted for households experiencing or at risk of homelessness, survivors of domestic violence, dating violence, sexual assault, and stalking, and survivors of trafficking under subsection (a)(2), the Secretary may, upon a finding that a waiver or alternative requirement is necessary to facilitate the use of such assistance, waive or specify alternative requirements for— (A) section 8(o)(6)(A) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(6)(A) ) and regulatory provisions related to the administration of waiting lists and local preferences; (B) section 214(d)(2) of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a(d)(2) ), section 576(a), (b), and (c) of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661(a) , (b), and (c)), and regulatory provisions related to the verification of eligibility, eligibility requirements, and the admissions process; (C) section 8(o)((7)(A) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(7)(A) ) and regulatory provisions related to the initial lease term; (D) section 8(r)(B)(i) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(r)(B)(i) ) and regulatory provisions related to portability moves by non-resident applicants; and (E) regulatory provisions related to the establishment of payment standards. (c) Implementation \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.", "id": "H0C01F07CE7594F4A8F8DE4D2B97F74B7", "header": "Housing vouchers", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $15,000,000,000, to remain available until September 30, 2031, for— (A) incremental tenant-based rental assistance for extremely low-income families under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ); (B) renewals of such tenant-based rental assistance; and (C) fees for the costs of administering tenant-based rental assistance and other expenses related to the utilization of voucher assistance under subparagraph (A), which may include the cost of facilitating the use of voucher assistance provided under paragraph (5); (2) $7,100,000,000, to remain available until September 30, 2031, for— (A) incremental tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) for households experiencing or at risk of homelessness, survivors of domestic violence, dating violence, sexual assault, and stalking, and survivors of trafficking; (B) renewals of such tenant-based rental assistance; and (C) fees for the costs of administering tenant-based rental assistance and other expenses related to the utilization of voucher assistance under subparagraph (A), which may include the cost of facilitating the use of voucher assistance provided under paragraph (5); (3) $1,000,000,000, to remain available until September 30, 2033, for— (A) tenant protection vouchers for relocation and replacement of public housing units demolished or disposed as part of a public housing preservation or project-based replacement transaction using funds made available under this title; (B) renewals of such tenant-based rental assistance; and (C) fees for the costs of administering tenant-based rental assistance and other expenses related to the utilization of voucher assistance under subparagraph (A), which may include the cost of facilitating the use of voucher assistance provided under paragraph (5); (4) $300,000,000, to remain available until September 30, 2033, for competitive grants, subject to terms and conditions determined by the Secretary, to public housing agencies for mobility-related services for voucher families, including families with children, and service coordination; (5) $230,000,000, to remain available until September 30, 2033, for eligible expenses to facilitate the use of voucher assistance under this section and for other voucher assistance under section 8(o) of the United States Housing Act of 1937, as determined by the Secretary, in addition to amounts otherwise available for such expenses, including property owner outreach and retention activities such as incentive payments, security deposit payments and loss reserves, landlord liaisons, and other uses of funds designed primarily— (A) to recruit owners of dwelling units, particularly dwelling units in census tracts with a poverty rate of less than 20 percent, to enter into housing assistance payment contracts; and (B) to encourage owners that enter into housing assistance payment contracts as described in subparagraph (A) to continue to lease their dwelling units to tenants assisted under section 8(o) of the United States Housing Act of 1937; (6) $300,000,000, to remain available until September 30, 2033, for the costs to the Secretary of administering and overseeing the implementation of this section and the Housing Choice Voucher program generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and (7) $70,000,000, to remain available until September 30, 2033, for making new awards or increasing prior awards to existing technical assistance providers to provide an increase in capacity building and technical assistance available to public housing agencies.", "id": "H15CA74F7D17547DA8B215EB17EEEA7DD", "header": "Appropriation", "nested": [], "links": [ { "text": "42 U.S.C. 1437f(o)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437f(o)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "(b) Terms and conditions \n(1) Allocation \nThe Secretary shall allocate initial incremental assistance provided for rental assistance under subsection (a)(1) and (2) in each fiscal year commencing in 2024 and ending in 2028 in accordance with a formula or formulas that include measures of severe housing need among extremely low-income renters and public housing agency capacity, and ensures geographic diversity among public housing agencies administering the Housing Choice Voucher program. (2) Election to administer \nThe Secretary shall establish a procedure for public housing agencies to accept or decline the incremental vouchers made available under this section. (3) Failure to use vouchers promptly \nIf a public housing agency fails to lease the authorized vouchers it has received under this subsection on behalf of eligible families within a reasonable period of time, the Secretary may offset the agency’s voucher renewal allocations and may revoke and redistribute any unleased vouchers and associated funds, which may include administrative fees and amounts allocated under subsections (a)(3) and (a)(4), to other public housing agencies. (4) Limitation of use of funds \nPublic housing agencies may use funds received under this section only for the activities listed in subsection (a) for which the funds were provided to such agency. (5) Cap on project-based vouchers for vulnerable populations \nUpon request by a public housing agency, the Secretary may designate a number of the public housing agency’s vouchers allocated under this section as excepted units that do not count against the percentage limitation on the number of authorized units a public housing agency may project-base under section 8(o)(13)(B) of the United States Housing Act of 1937, in accordance with the conditions established by the Secretary. This paragraph may not be construed to waive, limit, or specify alternative requirements, or permit such waivers, limitations, or alternative requirements, related to fair housing and nondiscrimination, including the requirement to provide housing and services to individuals with disabilities in integrated settings. (6) Homeless waiver authority \nIn administering the voucher assistance targeted for households experiencing or at risk of homelessness, survivors of domestic violence, dating violence, sexual assault, and stalking, and survivors of trafficking under subsection (a)(2), the Secretary may, upon a finding that a waiver or alternative requirement is necessary to facilitate the use of such assistance, waive or specify alternative requirements for— (A) section 8(o)(6)(A) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(6)(A) ) and regulatory provisions related to the administration of waiting lists and local preferences; (B) section 214(d)(2) of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a(d)(2) ), section 576(a), (b), and (c) of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661(a) , (b), and (c)), and regulatory provisions related to the verification of eligibility, eligibility requirements, and the admissions process; (C) section 8(o)((7)(A) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(7)(A) ) and regulatory provisions related to the initial lease term; (D) section 8(r)(B)(i) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(r)(B)(i) ) and regulatory provisions related to portability moves by non-resident applicants; and (E) regulatory provisions related to the establishment of payment standards.", "id": "H013A5ABB60D749E89522A59D019C7984", "header": "Terms and conditions", "nested": [], "links": [ { "text": "42 U.S.C. 1437f(o)(6)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1436a(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1436a" }, { "text": "42 U.S.C. 13661(a)", "legal-doc": "usc", "parsable-cite": "usc/42/13661" }, { "text": "42 U.S.C. 1437f(o)(7)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437f(r)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "(c) Implementation \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.", "id": "HC9D499CA9CF84F4DA0DC0DB648EEBF8D", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1437f(o)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437f(o)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437f(o)(6)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1436a(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1436a" }, { "text": "42 U.S.C. 13661(a)", "legal-doc": "usc", "parsable-cite": "usc/42/13661" }, { "text": "42 U.S.C. 1437f(o)(7)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437f(r)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "110. Project-based rental assistance \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $880,000,000 for the project-based rental assistance program, as authorized under section 8(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(b) ), (in this section referred to as the “Act”), subject to the terms and conditions of subsection (b) of this section; (2) $20,000,000 for providing technical assistance to recipients of or applicants for project-based rental assistance or to States allocating the project-based rental assistance; and (3) $100,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the section 8 project-based rental assistance program generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Terms and conditions \n(1) Authority \nNotwithstanding section 8(a) the Act ( 42 U.S.C. 1437f(a) ), the Secretary may use amounts made available under this section to provide assistance payments with respect to newly constructed housing, existing housing, or substantially rehabilitated non-housing structures for use as new multifamily housing in accordance with this section and the provisions of section 8 of the Act. In addition, the Secretary may use amounts made available under this section for performance-based contract administrators for section 8 project-based assistance, for carrying out this section and section 8 of the Act. (2) Project-based rental assistance \nThe Secretary may make assistance payments using amounts made available under this section pursuant to contracts with owners or prospective owners who agree to construct housing, to substantially rehabilitate existing housing, to substantially rehabilitate non-housing structures for use as new multifamily housing, or to attach the assistance to newly constructed housing in which some or all of the units shall be available for occupancy by very low-income families in accordance with the provisions of section 8 of the Act. In awarding contracts pursuant to this section, the Secretary shall give priority to owners or prospective owners of multifamily housing projects located or to be located in areas of high opportunity, as defined by the Secretary, in areas experiencing economic growth or rising housing prices to prevent displacement or secure affordable housing for low-income households, or that serve people at risk of homelessness or that integrate additional units that are accessible for persons with mobility impairments and persons with hearing or visual impairments beyond those required by applicable Federal accessibility standards. (3) Allocation \nThe Secretary shall make awards with amounts made available under this section using the following mechanisms, alone or in combination: (A) A competitive process, which the Secretary may carry out in multiple rounds of competition, each of which may have its own selection, performance, and reporting criteria as established by the Secretary. (B) Selecting proposals submitted through FHA loan applications that meet specified criteria. (C) Delegating to States the awarding of contracts, including related determinations such as the maximum monthly rent, subject to the requirements of section 8 of the Act, as determined by the Secretary. (4) Contract term, rent setting, and rent adjustments \nThe Secretary may set the terms of the contract, including the duration and provisions regarding rent setting and rent adjustments. (c) Implementation \nThe Secretary shall have the 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.", "id": "H6F21E5A35F9143A19367808F43B8F280", "header": "Project-based rental assistance", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $880,000,000 for the project-based rental assistance program, as authorized under section 8(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(b) ), (in this section referred to as the “Act”), subject to the terms and conditions of subsection (b) of this section; (2) $20,000,000 for providing technical assistance to recipients of or applicants for project-based rental assistance or to States allocating the project-based rental assistance; and (3) $100,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the section 8 project-based rental assistance program generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033.", "id": "HFF996D6627C540CEBA3EF945DE0852F4", "header": "Appropriation", "nested": [], "links": [ { "text": "42 U.S.C. 1437f(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "(b) Terms and conditions \n(1) Authority \nNotwithstanding section 8(a) the Act ( 42 U.S.C. 1437f(a) ), the Secretary may use amounts made available under this section to provide assistance payments with respect to newly constructed housing, existing housing, or substantially rehabilitated non-housing structures for use as new multifamily housing in accordance with this section and the provisions of section 8 of the Act. In addition, the Secretary may use amounts made available under this section for performance-based contract administrators for section 8 project-based assistance, for carrying out this section and section 8 of the Act. (2) Project-based rental assistance \nThe Secretary may make assistance payments using amounts made available under this section pursuant to contracts with owners or prospective owners who agree to construct housing, to substantially rehabilitate existing housing, to substantially rehabilitate non-housing structures for use as new multifamily housing, or to attach the assistance to newly constructed housing in which some or all of the units shall be available for occupancy by very low-income families in accordance with the provisions of section 8 of the Act. In awarding contracts pursuant to this section, the Secretary shall give priority to owners or prospective owners of multifamily housing projects located or to be located in areas of high opportunity, as defined by the Secretary, in areas experiencing economic growth or rising housing prices to prevent displacement or secure affordable housing for low-income households, or that serve people at risk of homelessness or that integrate additional units that are accessible for persons with mobility impairments and persons with hearing or visual impairments beyond those required by applicable Federal accessibility standards. (3) Allocation \nThe Secretary shall make awards with amounts made available under this section using the following mechanisms, alone or in combination: (A) A competitive process, which the Secretary may carry out in multiple rounds of competition, each of which may have its own selection, performance, and reporting criteria as established by the Secretary. (B) Selecting proposals submitted through FHA loan applications that meet specified criteria. (C) Delegating to States the awarding of contracts, including related determinations such as the maximum monthly rent, subject to the requirements of section 8 of the Act, as determined by the Secretary. (4) Contract term, rent setting, and rent adjustments \nThe Secretary may set the terms of the contract, including the duration and provisions regarding rent setting and rent adjustments.", "id": "H52EFE50477D84CDF90C4B80B2DF935E8", "header": "Terms and conditions", "nested": [], "links": [ { "text": "42 U.S.C. 1437f(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "(c) Implementation \nThe Secretary shall have the 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.", "id": "H5F2936B2A9CE4FC58AB18CBE5567D799", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1437f(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437f(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "111. Investments in Native American Communities \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $277,500,000 for formula grants for eligible affordable housing activities described in section 202 of the Native American Housing Assistance and Self-Determination Act of 1996 (in this section referred to as NAHASDA ) ( 25 U.S.C. 4132 ), which shall be distributed according to the most recent fiscal year funding formula for the Indian Housing Block Grant; (2) $200,000,000 for— (A) affordable housing activities authorized under section 810(a) of NAHASDA ( 25 U.S.C. 4229 ); (B) community-wide infrastructure and infrastructure improvement projects carried out on Hawaiian Home Lands pursuant to section 810(b)(5) of NAHASDA ( 25 U.S.C. 4229(b)(5) ); and (C) rental assistance to Native Hawaiians (as defined in section 801 of NAHASDA ( 25 U.S.C. 4221 )) on and off Hawaiian Home Lands; (3) $277,500,000 for competitive grants for eligible affordable housing activities described in section 202 of NAHASDA ( 25 U.S.C. 4132 ); (4) $200,000,000 for— (A) competitive single-purpose Indian community development block grants for Indian tribes; and (B) imminent threat Indian community development block grants, including for long-term environmental threats and relocation, for Indian tribes, or a tribal organization, governmental entity, or nonprofit organization designated by the Indian tribe to apply for a grant on its behalf; (5) $25,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and Indian and Native Hawaiian programs administered by the Secretary, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and (6) $20,000,000 to make new awards or increase prior awards to technical assistance providers to provide an immediate increase in capacity building and technical assistance to grantees. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Reallocation \nAmounts made available under subsection (a)(1) that are not accepted within a time specified by the Secretary, are voluntarily returned, or are otherwise recaptured for any reason shall be used to fund grants under paragraph (3) or (4) of subsection (a). (c) Undisbursed funds \nAmounts provided under this Act that remain undisbursed may not be used as a basis to reduce any grant allocation under section 302 of NAHASDA ( 25 U.S.C. 4152 ) to an Indian tribe in any fiscal year. (d) Prohibition on investments \nAmounts made available under this section may not be invested in investment securities and other obligations. (e) Implementation \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.", "id": "HD2E69FE117C6461BBF01AA4F3106A720", "header": "Investments in Native American Communities", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $277,500,000 for formula grants for eligible affordable housing activities described in section 202 of the Native American Housing Assistance and Self-Determination Act of 1996 (in this section referred to as NAHASDA ) ( 25 U.S.C. 4132 ), which shall be distributed according to the most recent fiscal year funding formula for the Indian Housing Block Grant; (2) $200,000,000 for— (A) affordable housing activities authorized under section 810(a) of NAHASDA ( 25 U.S.C. 4229 ); (B) community-wide infrastructure and infrastructure improvement projects carried out on Hawaiian Home Lands pursuant to section 810(b)(5) of NAHASDA ( 25 U.S.C. 4229(b)(5) ); and (C) rental assistance to Native Hawaiians (as defined in section 801 of NAHASDA ( 25 U.S.C. 4221 )) on and off Hawaiian Home Lands; (3) $277,500,000 for competitive grants for eligible affordable housing activities described in section 202 of NAHASDA ( 25 U.S.C. 4132 ); (4) $200,000,000 for— (A) competitive single-purpose Indian community development block grants for Indian tribes; and (B) imminent threat Indian community development block grants, including for long-term environmental threats and relocation, for Indian tribes, or a tribal organization, governmental entity, or nonprofit organization designated by the Indian tribe to apply for a grant on its behalf; (5) $25,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and Indian and Native Hawaiian programs administered by the Secretary, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and (6) $20,000,000 to make new awards or increase prior awards to technical assistance providers to provide an immediate increase in capacity building and technical assistance to grantees. Amounts appropriated by this section shall remain available until September 30, 2033.", "id": "H8E2CC1E620844016B2A56D2CFCAF89A2", "header": "Appropriation", "nested": [], "links": [ { "text": "25 U.S.C. 4132", "legal-doc": "usc", "parsable-cite": "usc/25/4132" }, { "text": "25 U.S.C. 4229", "legal-doc": "usc", "parsable-cite": "usc/25/4229" }, { "text": "25 U.S.C. 4229(b)(5)", "legal-doc": "usc", "parsable-cite": "usc/25/4229" }, { "text": "25 U.S.C. 4221", "legal-doc": "usc", "parsable-cite": "usc/25/4221" }, { "text": "25 U.S.C. 4132", "legal-doc": "usc", "parsable-cite": "usc/25/4132" } ] }, { "text": "(b) Reallocation \nAmounts made available under subsection (a)(1) that are not accepted within a time specified by the Secretary, are voluntarily returned, or are otherwise recaptured for any reason shall be used to fund grants under paragraph (3) or (4) of subsection (a).", "id": "HDEC394F1003B4DA796BE776F36720613", "header": "Reallocation", "nested": [], "links": [] }, { "text": "(c) Undisbursed funds \nAmounts provided under this Act that remain undisbursed may not be used as a basis to reduce any grant allocation under section 302 of NAHASDA ( 25 U.S.C. 4152 ) to an Indian tribe in any fiscal year.", "id": "HA0AB5E3C49A14507B7D5FF88F46E0F44", "header": "Undisbursed funds", "nested": [], "links": [ { "text": "25 U.S.C. 4152", "legal-doc": "usc", "parsable-cite": "usc/25/4152" } ] }, { "text": "(d) Prohibition on investments \nAmounts made available under this section may not be invested in investment securities and other obligations.", "id": "H9B805747D63C4653BCD8824D2435E837", "header": "Prohibition on investments", "nested": [], "links": [] }, { "text": "(e) Implementation \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.", "id": "HBB17653AFFCB43D4BDA74EA94512FAD0", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 4132", "legal-doc": "usc", "parsable-cite": "usc/25/4132" }, { "text": "25 U.S.C. 4229", "legal-doc": "usc", "parsable-cite": "usc/25/4229" }, { "text": "25 U.S.C. 4229(b)(5)", "legal-doc": "usc", "parsable-cite": "usc/25/4229" }, { "text": "25 U.S.C. 4221", "legal-doc": "usc", "parsable-cite": "usc/25/4221" }, { "text": "25 U.S.C. 4132", "legal-doc": "usc", "parsable-cite": "usc/25/4132" }, { "text": "25 U.S.C. 4152", "legal-doc": "usc", "parsable-cite": "usc/25/4152" } ] }, { "text": "112. Increased affordable housing program investment \nNotwithstanding subsection (j)(5)(C) of section 10 of the Federal Home Loan Bank Act ( 12 U.S.C. 1430 ), in 2024 and every year thereafter until 2029, each Federal Home Loan Bank shall annually contribute 15 percent of the preceding year’s net income of the Federal Home Bank, or such prorated sums as may be required to assure that the aggregate contribution of the Federal Home Loan Banks shall not be less than $100,000,000 for each such year, to support grants or subsidized advances through the Affordable Housing Programs established and carried out under subparagraphs (j)(1), (2), (3)(A), (3)(C), and (4) through (13) of section 10 of such Act.", "id": "HFA8A3F85C3D94605A9512D2A5668B4E4", "header": "Increased affordable housing program investment", "nested": [], "links": [ { "text": "12 U.S.C. 1430", "legal-doc": "usc", "parsable-cite": "usc/12/1430" } ] }, { "text": "113. Promoting housing accessibility and visitability \n(a) Accessibility requirement \nThe Secretary of Housing and Urban Development shall issue a rule amending sections 8.22 and 8.23 of title 24, Code of Federal Regulations to require that— (1) not less than 10 percent of total dwelling units or one dwelling unit, whichever is greater, in each multifamily housing project shall be accessible for persons with mobility impairments; and (2) in addition to the units meeting the requirements of paragraph (1), not less than 5 percent of total dwelling units or one dwelling unit, whichever is greater, in each multifamily housing project shall be shall be accessible for persons with hearing or vision impairments. (b) Visitability requirement \n(1) Requirement \nIt shall be unlawful for any person or entity, with respect to a covered dwelling unit designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by the person or entity, to fail to ensure that the dwelling unit contains not less than 1 level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (commonly known as ANSI) Standards for Accessible and Usable Buildings and Facilities (section 1005 of ICC ANSI A117.1–2009) or any successor standard. (2) Definitions \nAs used in this subsection: (A) Covered dwelling unit \nThe term covered dwelling unit means a dwelling unit that— (i) is— (I) a detached single-family house; (II) a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures); or (III) a ground-floor unit in a building of not more than 3 dwelling units; (ii) is designed as, or intended for occupancy as, a residence; (iii) was designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by any person or entity that, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity relating to the design, construction, or commissioning, contracting, or other arrangement for construction, of the dwelling unit; and (iv) is made available for first occupancy on or after the date that is 1 year after the date of enactment of this Act. (B) Federal financial assistance \nThe term Federal financial assistance means— (i) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or under any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, contract, or any other arrangement, on or after the date that is 1 year after the date of enactment of this Act, including— (I) a grant, a subsidy, or any other funds; (II) service provided by a Federal employee; (III) real or personal property or any interest in or use of such property, including— (aa) a transfer or lease of the property for less than the fair market value or for reduced consideration; and (bb) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (IV) any— (aa) tax credit; or (bb) mortgage or loan guarantee or insurance; and (V) community development funds in the form of an obligation guaranteed under section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 ); and (ii) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ).", "id": "H7D8F9EB1103443259D7EB0AEFA46379A", "header": "Promoting housing accessibility and visitability", "nested": [ { "text": "(a) Accessibility requirement \nThe Secretary of Housing and Urban Development shall issue a rule amending sections 8.22 and 8.23 of title 24, Code of Federal Regulations to require that— (1) not less than 10 percent of total dwelling units or one dwelling unit, whichever is greater, in each multifamily housing project shall be accessible for persons with mobility impairments; and (2) in addition to the units meeting the requirements of paragraph (1), not less than 5 percent of total dwelling units or one dwelling unit, whichever is greater, in each multifamily housing project shall be shall be accessible for persons with hearing or vision impairments.", "id": "H0895E378ADEB430F8D1A62246CD76879", "header": "Accessibility requirement", "nested": [], "links": [] }, { "text": "(b) Visitability requirement \n(1) Requirement \nIt shall be unlawful for any person or entity, with respect to a covered dwelling unit designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by the person or entity, to fail to ensure that the dwelling unit contains not less than 1 level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (commonly known as ANSI) Standards for Accessible and Usable Buildings and Facilities (section 1005 of ICC ANSI A117.1–2009) or any successor standard. (2) Definitions \nAs used in this subsection: (A) Covered dwelling unit \nThe term covered dwelling unit means a dwelling unit that— (i) is— (I) a detached single-family house; (II) a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures); or (III) a ground-floor unit in a building of not more than 3 dwelling units; (ii) is designed as, or intended for occupancy as, a residence; (iii) was designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by any person or entity that, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity relating to the design, construction, or commissioning, contracting, or other arrangement for construction, of the dwelling unit; and (iv) is made available for first occupancy on or after the date that is 1 year after the date of enactment of this Act. (B) Federal financial assistance \nThe term Federal financial assistance means— (i) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or under any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, contract, or any other arrangement, on or after the date that is 1 year after the date of enactment of this Act, including— (I) a grant, a subsidy, or any other funds; (II) service provided by a Federal employee; (III) real or personal property or any interest in or use of such property, including— (aa) a transfer or lease of the property for less than the fair market value or for reduced consideration; and (bb) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (IV) any— (aa) tax credit; or (bb) mortgage or loan guarantee or insurance; and (V) community development funds in the form of an obligation guaranteed under section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 ); and (ii) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ).", "id": "H0FC3D4A4B6E94CEA8D95467F2F321B21", "header": "Visitability requirement", "nested": [], "links": [ { "text": "42 U.S.C. 5308", "legal-doc": "usc", "parsable-cite": "usc/42/5308" }, { "text": "42 U.S.C. 1471 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1471" } ] } ], "links": [ { "text": "42 U.S.C. 5308", "legal-doc": "usc", "parsable-cite": "usc/42/5308" }, { "text": "42 U.S.C. 1471 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1471" } ] }, { "text": "201. Community development block grant funding for affordable housing and infrastructure \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,735,000,000 for grants in accordance with sections 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321) to grantees under subsections (a)(2) and (4) and (d) of section 106 of such Act ( 42 U.S.C. 5306(a)(2) , (a)(4), and (d)), subject to subsection (b) of this section, except that for purposes of amounts made available by this paragraph, paragraph (2) of such section 106(a) shall be applied by substituting $70,000,000 for $7,000,000 ; (2) $700,000,000 for grants in accordance with sections 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321) to community development block grant grantees, as determined by the Secretary, under subsections (a)(4) and (b) through (f) of section 106 of such Act (5306(a)(4) and 5306(b)–(f)), only for colonias, to address the community and housing infrastructure needs of existing colonia residents based on a formula that takes into account persons in poverty in the colonia areas, except that grantees may use funds in colonias outside of the 150-mile border area upon approval of the Secretary; (3) $500,000,000 for grants in accordance with sections 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321), to eligible recipients under subsection (c) of this section for manufactured housing infrastructure improvements in eligible manufactured home communities; (4) $87,500,000 for the costs to the Secretary of administering and overseeing the implementation of this section, the Community Development Block Grant program, and the manufactured home construction and safety standards program generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and (5) $27,500,000 for providing technical assistance to recipients of or applicants for grants under this section. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Housing construction \nExpenditures on new construction of housing shall be an eligible expense for a recipient of funds made available under this section that is not a recipient of funds under section 40002 of this title. (c) Manufactured housing community improvement grant program \n(1) Establishment \nThe Secretary of Housing and Urban Development shall carry out a competitive grant program to award funds appropriated under subsection (a)(3) to eligible recipients to carry out eligible projects for improvements in eligible manufactured home communities. (2) Eligible projects \nAmounts from grants under this subsection 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 housing community that is necessary to protect the health and safety of the residents of the manufactured housing community and the long-term sustainability of the community. (d) Definitions \nFor purposes of this section, the following definitions shall apply: (1) Colonia area \nThe term colonia area means any census tract that— (A) is an area of the United States within 150 miles of the contiguous border between the United States and Mexico, except as otherwise determined by the Secretary; and (B) lacks potable water supply, adequate sewage systems, or decent, safe, sanitary housing, or other objective criteria as approved by the Secretary. (2) Eligible manufactured home community \nThe term eligible manufactured home community means a community that— (A) is affordable to low- and moderate-income persons (as such term is defined in section 102(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302(a) )); and (B) (i) is owned by the residents of the manufactured housing community through a resident-controlled entity, as defined by the Secretary, in which at least two-thirds of residents are member-owners of the land-owning entity; or (ii) will be maintained as such a community, and remain affordable for low- and moderate-income families, to the maximum extent practicable and for the longest period feasible. (3) Eligible recipient \nThe term eligible recipient means a partnership of— (A) a grantee under paragraph (2) or (4) of section 106(a) or section 106(d) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(a)(2) , (a)(4), and (d)); and (B) an eligible manufactured home community, a nonprofit entity, or a consortia of nonprofit entities working with an eligible manufactured home community. (4) 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. (e) Implementation \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.", "id": "H9F7B22A2418A4F41A6FCB38E92EA4CEA", "header": "Community development block grant funding for affordable housing and infrastructure", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,735,000,000 for grants in accordance with sections 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321) to grantees under subsections (a)(2) and (4) and (d) of section 106 of such Act ( 42 U.S.C. 5306(a)(2) , (a)(4), and (d)), subject to subsection (b) of this section, except that for purposes of amounts made available by this paragraph, paragraph (2) of such section 106(a) shall be applied by substituting $70,000,000 for $7,000,000 ; (2) $700,000,000 for grants in accordance with sections 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321) to community development block grant grantees, as determined by the Secretary, under subsections (a)(4) and (b) through (f) of section 106 of such Act (5306(a)(4) and 5306(b)–(f)), only for colonias, to address the community and housing infrastructure needs of existing colonia residents based on a formula that takes into account persons in poverty in the colonia areas, except that grantees may use funds in colonias outside of the 150-mile border area upon approval of the Secretary; (3) $500,000,000 for grants in accordance with sections 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321), to eligible recipients under subsection (c) of this section for manufactured housing infrastructure improvements in eligible manufactured home communities; (4) $87,500,000 for the costs to the Secretary of administering and overseeing the implementation of this section, the Community Development Block Grant program, and the manufactured home construction and safety standards program generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and (5) $27,500,000 for providing technical assistance to recipients of or applicants for grants under this section. Amounts appropriated by this section shall remain available until September 30, 2033.", "id": "H01C09453295D42D2B54E470EC8FFCDFC", "header": "Appropriation", "nested": [], "links": [ { "text": "42 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 5306(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/5306" }, { "text": "42 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/42/5301" } ] }, { "text": "(b) Housing construction \nExpenditures on new construction of housing shall be an eligible expense for a recipient of funds made available under this section that is not a recipient of funds under section 40002 of this title.", "id": "HE24BE1D30EA34130A9930F9EC8622260", "header": "Housing construction", "nested": [], "links": [] }, { "text": "(c) Manufactured housing community improvement grant program \n(1) Establishment \nThe Secretary of Housing and Urban Development shall carry out a competitive grant program to award funds appropriated under subsection (a)(3) to eligible recipients to carry out eligible projects for improvements in eligible manufactured home communities. (2) Eligible projects \nAmounts from grants under this subsection 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 housing community that is necessary to protect the health and safety of the residents of the manufactured housing community and the long-term sustainability of the community.", "id": "H7A840C3229E74D2C979E256ADC8D543F", "header": "Manufactured housing community improvement grant program", "nested": [], "links": [] }, { "text": "(d) Definitions \nFor purposes of this section, the following definitions shall apply: (1) Colonia area \nThe term colonia area means any census tract that— (A) is an area of the United States within 150 miles of the contiguous border between the United States and Mexico, except as otherwise determined by the Secretary; and (B) lacks potable water supply, adequate sewage systems, or decent, safe, sanitary housing, or other objective criteria as approved by the Secretary. (2) Eligible manufactured home community \nThe term eligible manufactured home community means a community that— (A) is affordable to low- and moderate-income persons (as such term is defined in section 102(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302(a) )); and (B) (i) is owned by the residents of the manufactured housing community through a resident-controlled entity, as defined by the Secretary, in which at least two-thirds of residents are member-owners of the land-owning entity; or (ii) will be maintained as such a community, and remain affordable for low- and moderate-income families, to the maximum extent practicable and for the longest period feasible. (3) Eligible recipient \nThe term eligible recipient means a partnership of— (A) a grantee under paragraph (2) or (4) of section 106(a) or section 106(d) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(a)(2) , (a)(4), and (d)); and (B) an eligible manufactured home community, a nonprofit entity, or a consortia of nonprofit entities working with an eligible manufactured home community. (4) 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.", "id": "H58E86D86933B4C49B83C4C727CFB62E9", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 5302(a)", "legal-doc": "usc", "parsable-cite": "usc/42/5302" }, { "text": "42 U.S.C. 5306(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/5306" } ] }, { "text": "(e) Implementation \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.", "id": "HA8D460AEB1CD4007ABD343C33495FB70", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 5306(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/5306" }, { "text": "42 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 5302(a)", "legal-doc": "usc", "parsable-cite": "usc/42/5302" }, { "text": "42 U.S.C. 5306(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/5306" } ] }, { "text": "202. Lead-based paint hazard control and housing-related health and safety hazard mitigation in housing of families with lower incomes \n(a) Appropriation \nIn addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $3,425,000,000 for grants to States, units of general local government, Indian tribes or their tribally designated housing entities, and nonprofit organizations for the activities under subsection (c) in target housing units that do not receive Federal housing assistance other than assistance provided under subsection 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), excluding paragraph (o)(13) of such section, and common areas servicing such units, where low-income families reside or are expected to reside; (2) $250,000,000 for grants to States or units of general local government or nonprofit entities for the activities in subsection (c) in target housing units, and common areas servicing such units, that are being assisted under the Weatherization Assistance Program authorized under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861–6872 ) but are not assisted under any other Federal housing program other than subsection 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), excluding paragraph 8(o)(13) of such section; (3) $1,000,000,000 for grants to owners of a property receiving project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), including under subsection (o)(13) of such section, that meets the definition of target housing and that has not received a grant for similar purposes under this Act, for the activities in subsection (c), except for abatement of lead-based paint by enclosure or encapsulation, or interim controls of lead-based paint hazards in target housing units receiving such assistance and common areas servicing such units; (4) $75,000,000 for costs related to training and technical assistance to support identification and mitigation of lead and housing-related health and safety hazards, research, and evaluation; and (5) $250,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section, and the Secretary’s lead hazard reduction and related programs generally including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Terms and conditions \n(1) Income eligibility determinations \nThe Secretary may make income determinations of eligibility for enrollment of housing units for assistance under this section that are consistent with eligibility requirements for grants awarded under other Federal means-tested programs, provided such determination does not require additional action by other Federal agencies. (2) Housing families with young children \nAn owner of rental property that receives assistance under subsection (a)(3) shall give priority in renting units for which the lead-based paint has been abated pursuant to subsection (a)(3), for not less than 3 years following the completion of lead abatement activities, to families with a child under the age of 6 years. (3) Administrative expenses \nA recipient of a grant under this section may use up to 10 percent of the grant for administrative expenses associated with the activities funded by this section. (c) Eligible activities \nGrants awarded under this section shall be used for purposes of building capacity and conducting activities relating to testing, evaluating, and mitigating lead-based paint, lead-based paint hazards, and housing-related health and safety hazards; outreach, education, and engagement with community stakeholders, including stakeholders in disadvantaged communities; program evaluation and research; grant administration, and other activities that directly or indirectly support the work under this section, as applicable, that without which such activities could not be conducted. (d) Definitions \nFor purposes of this section, the following definitions, and definitions in paragraphs (1), (2), (3), (5), (6), (7), (10) through (17), and (20) through (27) of section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851b(1) –(3), 42 U.S.C. 4851b(5) –(7), 42 U.S.C. 4851b(10) –(17), 42 U.S.C. 4851b(20) –(27), shall apply: (1) Nonprofit; nonprofit organization \nThe terms nonprofit and nonprofit organization mean a corporation, community chest, fund, or foundation not organized for profit, but organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes; or an organization not organized for profit but operated exclusively for the promotion of social welfare. (2) Public housing; public housing agency; low-income family \nThe terms public housing , public housing agency , and low-income family have the same meaning given such terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (3) State; unit of general local government \nThe terms State and unit of general local government have the same meaning given such terms in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ). (e) Grant compliance \nFor any grant of assistance under this section, a State or unit of general local government may assume responsibilities for elements of grant compliance, regardless of whether it is the grant recipient, if the State or unit of general local government is permitted to assume responsibility for the applicable element of grant compliance for grants for which it is the recipient under section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4852 ). (f) Implementation \nThe Secretary shall have the 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.", "id": "H12F69748535F42C388CC95764883D7EA", "header": "Lead-based paint hazard control and housing-related health and safety hazard mitigation in housing of families with lower incomes", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $3,425,000,000 for grants to States, units of general local government, Indian tribes or their tribally designated housing entities, and nonprofit organizations for the activities under subsection (c) in target housing units that do not receive Federal housing assistance other than assistance provided under subsection 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), excluding paragraph (o)(13) of such section, and common areas servicing such units, where low-income families reside or are expected to reside; (2) $250,000,000 for grants to States or units of general local government or nonprofit entities for the activities in subsection (c) in target housing units, and common areas servicing such units, that are being assisted under the Weatherization Assistance Program authorized under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861–6872 ) but are not assisted under any other Federal housing program other than subsection 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), excluding paragraph 8(o)(13) of such section; (3) $1,000,000,000 for grants to owners of a property receiving project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), including under subsection (o)(13) of such section, that meets the definition of target housing and that has not received a grant for similar purposes under this Act, for the activities in subsection (c), except for abatement of lead-based paint by enclosure or encapsulation, or interim controls of lead-based paint hazards in target housing units receiving such assistance and common areas servicing such units; (4) $75,000,000 for costs related to training and technical assistance to support identification and mitigation of lead and housing-related health and safety hazards, research, and evaluation; and (5) $250,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section, and the Secretary’s lead hazard reduction and related programs generally including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033.", "id": "HA4F8E614B3524304A0E7392ED229DC83", "header": "Appropriation", "nested": [], "links": [ { "text": "42 U.S.C. 1437f(o)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 6861–6872", "legal-doc": "usc", "parsable-cite": "usc/42/6861" }, { "text": "42 U.S.C. 1437f(o)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437f", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "(b) Terms and conditions \n(1) Income eligibility determinations \nThe Secretary may make income determinations of eligibility for enrollment of housing units for assistance under this section that are consistent with eligibility requirements for grants awarded under other Federal means-tested programs, provided such determination does not require additional action by other Federal agencies. (2) Housing families with young children \nAn owner of rental property that receives assistance under subsection (a)(3) shall give priority in renting units for which the lead-based paint has been abated pursuant to subsection (a)(3), for not less than 3 years following the completion of lead abatement activities, to families with a child under the age of 6 years. (3) Administrative expenses \nA recipient of a grant under this section may use up to 10 percent of the grant for administrative expenses associated with the activities funded by this section.", "id": "HD27B4631AA82409291B0543D1864EC4D", "header": "Terms and conditions", "nested": [], "links": [] }, { "text": "(c) Eligible activities \nGrants awarded under this section shall be used for purposes of building capacity and conducting activities relating to testing, evaluating, and mitigating lead-based paint, lead-based paint hazards, and housing-related health and safety hazards; outreach, education, and engagement with community stakeholders, including stakeholders in disadvantaged communities; program evaluation and research; grant administration, and other activities that directly or indirectly support the work under this section, as applicable, that without which such activities could not be conducted.", "id": "HE9FEA5D4857943D3BAB3FC70BCD8753A", "header": "Eligible activities", "nested": [], "links": [] }, { "text": "(d) Definitions \nFor purposes of this section, the following definitions, and definitions in paragraphs (1), (2), (3), (5), (6), (7), (10) through (17), and (20) through (27) of section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851b(1) –(3), 42 U.S.C. 4851b(5) –(7), 42 U.S.C. 4851b(10) –(17), 42 U.S.C. 4851b(20) –(27), shall apply: (1) Nonprofit; nonprofit organization \nThe terms nonprofit and nonprofit organization mean a corporation, community chest, fund, or foundation not organized for profit, but organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes; or an organization not organized for profit but operated exclusively for the promotion of social welfare. (2) Public housing; public housing agency; low-income family \nThe terms public housing , public housing agency , and low-income family have the same meaning given such terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (3) State; unit of general local government \nThe terms State and unit of general local government have the same meaning given such terms in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ).", "id": "H1FCADBEB210140DA91072C9D75D7A69F", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 4851b(1)", "legal-doc": "usc", "parsable-cite": "usc/42/4851b" }, { "text": "42 U.S.C. 4851b(5)", "legal-doc": "usc", "parsable-cite": "usc/42/4851b" }, { "text": "42 U.S.C. 4851b(10)", "legal-doc": "usc", "parsable-cite": "usc/42/4851b" }, { "text": "42 U.S.C. 4851b(20)", "legal-doc": "usc", "parsable-cite": "usc/42/4851b" }, { "text": "42 U.S.C. 1437a(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437a" }, { "text": "42 U.S.C. 5302", "legal-doc": "usc", "parsable-cite": "usc/42/5302" } ] }, { "text": "(e) Grant compliance \nFor any grant of assistance under this section, a State or unit of general local government may assume responsibilities for elements of grant compliance, regardless of whether it is the grant recipient, if the State or unit of general local government is permitted to assume responsibility for the applicable element of grant compliance for grants for which it is the recipient under section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4852 ).", "id": "H40A652061AB74DF9A049F54B9706D685", "header": "Grant compliance", "nested": [], "links": [ { "text": "42 U.S.C. 4852", "legal-doc": "usc", "parsable-cite": "usc/42/4852" } ] }, { "text": "(f) Implementation \nThe Secretary shall have the 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.", "id": "HF081A6A74C194987B22BAC7C76AE027D", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1437f(o)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 6861–6872", "legal-doc": "usc", "parsable-cite": "usc/42/6861" }, { "text": "42 U.S.C. 1437f(o)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437f", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 4851b(1)", "legal-doc": "usc", "parsable-cite": "usc/42/4851b" }, { "text": "42 U.S.C. 4851b(5)", "legal-doc": "usc", "parsable-cite": "usc/42/4851b" }, { "text": "42 U.S.C. 4851b(10)", "legal-doc": "usc", "parsable-cite": "usc/42/4851b" }, { "text": "42 U.S.C. 4851b(20)", "legal-doc": "usc", "parsable-cite": "usc/42/4851b" }, { "text": "42 U.S.C. 1437a(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437a" }, { "text": "42 U.S.C. 5302", "legal-doc": "usc", "parsable-cite": "usc/42/5302" }, { "text": "42 U.S.C. 4852", "legal-doc": "usc", "parsable-cite": "usc/42/4852" } ] }, { "text": "203. Unlocking possibilities program \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,646,000,000 for awarding grants under section 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321) awarded on a competitive basis to eligible recipients to carry out grants under subsection (c) of this section; (2) $8,000,000 for research and evaluation related to housing planning and other associated costs; (3) $30,000,000 to provide technical assistance to grantees or applicants for grants made available by this section; and (4) $66,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and community and economic development programs overseen by the Secretary generally, including information technology, financial reporting, research and evaluations, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Program establishment \nThe Secretary of Housing and Urban Development shall establish a competitive grant program for— (1) planning grants to develop and evaluate housing plans and substantially improve housing strategies; (2) streamlining regulatory requirements and shorten processes, reform zoning codes, increasing capacity to conduct housing inspections, or other initiatives that reduce barriers to housing supply elasticity and affordability; (3) developing and evaluating local or regional plans for community development to substantially improve community development strategies related to sustainability, fair housing, and location efficiency; (4) implementation and livable community investment grants; and (5) research and evaluation. (c) Grants \n(1) Planning grants \nThe Secretary shall, under selection criteria determined by the Secretary, award grants under this paragraph on a competitive basis to eligible entities to assist planning activities, including administration of such activities, engagement with community stakeholders and housing practitioners, to— (A) develop housing plans; (B) substantially improve State or local housing strategies; (C) develop new regulatory requirements and processes, reform zoning codes, increasing capacity to conduct housing inspections, or undertake other initiatives to reduce barriers to housing supply elasticity and affordability; (D) develop local or regional plans for community development; and (E) substantially improve community development strategies, including strategies to increase availability and access to affordable housing, to further access to public transportation or to advance other sustainable or location-efficient community development goals. (2) Implementation and livable community investment grants \nThe Secretary shall award implementation grants under this paragraph on a competitive basis to eligible entities for the purpose of implementing and administering— (A) completed housing strategies and housing plans and any planning to affirmatively further fair housing within the meaning of subsections (d) and (e) of section 808 of the Fair Housing Act ( 42 U.S.C. 608 ) and applicable regulations and for community investments that support the goals identified in such housing strategies or housing plans; (B) new regulatory requirements and processes, reformed zoning codes, increased capacity to conduct housing inspections, or other initiatives to reduce barriers to housing supply elasticity and affordability that are consistent with a plan under subparagraph (A); (C) completed local or regional plans for community development and any planning to increase availability and access to affordable housing, access to public transportation and other sustainable or location-efficient community development goals. (d) Coordination with FTA Administrator \nTo the extent practicable, the Secretary shall coordinate with the Federal Transit Administrator in carrying out this section. (e) Definitions \nFor purposes of this section, the following definitions apply: (1) Eligible entity \nThe term eligible entity means— (A) a State, insular area, metropolitan city, or urban county, as such terms are defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ); or (B) for purposes of grants under subsection (b)(1), a regional planning agency or consortia. (2) Housing plan; housing strategy \n(A) Housing plan \nThe term housing plan means a plan of an eligible entity to, with respect to the area within the jurisdiction of the eligible entity— (i) match the creation of housing supply to existing demand and projected demand growth in the area, with attention to preventing displacement of residents, reducing the concentration of poverty, and meaningfully reducing and not perpetuating housing segregation on the basis of race, color, religion, natural origin, sex, disability, or familial status; (ii) increase the affordability of housing in the area, increase the accessibility of housing in the area for people with disabilities, including location-efficient housing, and preserve or improve the quality of housing in the area; (iii) reduce barriers to housing development in the area, with consideration for location efficiency, affordability, and accessibility; and (iv) coordinate with the metropolitan transportation plan of the area under the jurisdiction of the eligible entity, or other regional plan. (B) Housing strategy \nThe term housing strategy means the housing strategy required under section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 ). (f) Costs to grantees \nUp to 15 percent of a recipient’s grant may be used for administrative costs. (g) Rules of construction \n(1) In general \nExcept as otherwise provided by this section, amounts appropriated or otherwise made available under this section shall be subject to the community development block grant program requirements under subsection (a)(1). (2) Exceptions \n(A) Housing Construction \nExpenditures on new construction of housing shall be an eligible expense under this section. (B) Buildings for General Conduct of Government \nExpenditures on building for the general conduct of government, other than the Federal Government, shall be eligible under this section when necessary and appropriate as a part of a natural hazard mitigation project. (h) Implementation \nThe Secretary shall have the 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.", "id": "H626860A9C6B544D6996EFE1616BD6C4D", "header": "Unlocking possibilities program", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,646,000,000 for awarding grants under section 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321) awarded on a competitive basis to eligible recipients to carry out grants under subsection (c) of this section; (2) $8,000,000 for research and evaluation related to housing planning and other associated costs; (3) $30,000,000 to provide technical assistance to grantees or applicants for grants made available by this section; and (4) $66,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and community and economic development programs overseen by the Secretary generally, including information technology, financial reporting, research and evaluations, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033.", "id": "HD3A53E61447745A295BFCFCFC02FCA18", "header": "Appropriation", "nested": [], "links": [ { "text": "42 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/42/5301" } ] }, { "text": "(b) Program establishment \nThe Secretary of Housing and Urban Development shall establish a competitive grant program for— (1) planning grants to develop and evaluate housing plans and substantially improve housing strategies; (2) streamlining regulatory requirements and shorten processes, reform zoning codes, increasing capacity to conduct housing inspections, or other initiatives that reduce barriers to housing supply elasticity and affordability; (3) developing and evaluating local or regional plans for community development to substantially improve community development strategies related to sustainability, fair housing, and location efficiency; (4) implementation and livable community investment grants; and (5) research and evaluation.", "id": "H3D22FEDEC2D74CC1B3DDED484CCE8358", "header": "Program establishment", "nested": [], "links": [] }, { "text": "(c) Grants \n(1) Planning grants \nThe Secretary shall, under selection criteria determined by the Secretary, award grants under this paragraph on a competitive basis to eligible entities to assist planning activities, including administration of such activities, engagement with community stakeholders and housing practitioners, to— (A) develop housing plans; (B) substantially improve State or local housing strategies; (C) develop new regulatory requirements and processes, reform zoning codes, increasing capacity to conduct housing inspections, or undertake other initiatives to reduce barriers to housing supply elasticity and affordability; (D) develop local or regional plans for community development; and (E) substantially improve community development strategies, including strategies to increase availability and access to affordable housing, to further access to public transportation or to advance other sustainable or location-efficient community development goals. (2) Implementation and livable community investment grants \nThe Secretary shall award implementation grants under this paragraph on a competitive basis to eligible entities for the purpose of implementing and administering— (A) completed housing strategies and housing plans and any planning to affirmatively further fair housing within the meaning of subsections (d) and (e) of section 808 of the Fair Housing Act ( 42 U.S.C. 608 ) and applicable regulations and for community investments that support the goals identified in such housing strategies or housing plans; (B) new regulatory requirements and processes, reformed zoning codes, increased capacity to conduct housing inspections, or other initiatives to reduce barriers to housing supply elasticity and affordability that are consistent with a plan under subparagraph (A); (C) completed local or regional plans for community development and any planning to increase availability and access to affordable housing, access to public transportation and other sustainable or location-efficient community development goals.", "id": "HBAC6775B23EB458A888F52A9E207D161", "header": "Grants", "nested": [], "links": [ { "text": "42 U.S.C. 608", "legal-doc": "usc", "parsable-cite": "usc/42/608" } ] }, { "text": "(d) Coordination with FTA Administrator \nTo the extent practicable, the Secretary shall coordinate with the Federal Transit Administrator in carrying out this section.", "id": "HB06446193CCE411B8B8711EA77D61A11", "header": "Coordination with FTA Administrator", "nested": [], "links": [] }, { "text": "(e) Definitions \nFor purposes of this section, the following definitions apply: (1) Eligible entity \nThe term eligible entity means— (A) a State, insular area, metropolitan city, or urban county, as such terms are defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ); or (B) for purposes of grants under subsection (b)(1), a regional planning agency or consortia. (2) Housing plan; housing strategy \n(A) Housing plan \nThe term housing plan means a plan of an eligible entity to, with respect to the area within the jurisdiction of the eligible entity— (i) match the creation of housing supply to existing demand and projected demand growth in the area, with attention to preventing displacement of residents, reducing the concentration of poverty, and meaningfully reducing and not perpetuating housing segregation on the basis of race, color, religion, natural origin, sex, disability, or familial status; (ii) increase the affordability of housing in the area, increase the accessibility of housing in the area for people with disabilities, including location-efficient housing, and preserve or improve the quality of housing in the area; (iii) reduce barriers to housing development in the area, with consideration for location efficiency, affordability, and accessibility; and (iv) coordinate with the metropolitan transportation plan of the area under the jurisdiction of the eligible entity, or other regional plan. (B) Housing strategy \nThe term housing strategy means the housing strategy required under section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 ).", "id": "H645C607F64F449FEBA002BE6D6912896", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 5302", "legal-doc": "usc", "parsable-cite": "usc/42/5302" }, { "text": "42 U.S.C. 12705", "legal-doc": "usc", "parsable-cite": "usc/42/12705" } ] }, { "text": "(f) Costs to grantees \nUp to 15 percent of a recipient’s grant may be used for administrative costs.", "id": "HFDA18E7DC91244479BD53DD17004C14B", "header": "Costs to grantees", "nested": [], "links": [] }, { "text": "(g) Rules of construction \n(1) In general \nExcept as otherwise provided by this section, amounts appropriated or otherwise made available under this section shall be subject to the community development block grant program requirements under subsection (a)(1). (2) Exceptions \n(A) Housing Construction \nExpenditures on new construction of housing shall be an eligible expense under this section. (B) Buildings for General Conduct of Government \nExpenditures on building for the general conduct of government, other than the Federal Government, shall be eligible under this section when necessary and appropriate as a part of a natural hazard mitigation project.", "id": "H8D125445946E46A58F97A65A4EBC01C8", "header": "Rules of construction", "nested": [], "links": [] }, { "text": "(h) Implementation \nThe Secretary shall have the 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.", "id": "HBFDAFD74875D41D193777642E66A5BA1", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 608", "legal-doc": "usc", "parsable-cite": "usc/42/608" }, { "text": "42 U.S.C. 5302", "legal-doc": "usc", "parsable-cite": "usc/42/5302" }, { "text": "42 U.S.C. 12705", "legal-doc": "usc", "parsable-cite": "usc/42/12705" } ] }, { "text": "204. Strengthening resilience under national flood insurance program \n(a) NFIP program activities \n(1) Cancellation \nAll indebtedness of the Administrator of the Federal Emergency Management Agency under any notes or other obligations issued pursuant to section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) ) and section 15(e) of the Federal Insurance Act of 1956 ( 42 U.S.C. 2414(e) ), and outstanding as of the date of the enactment of this Act, is hereby cancelled, the Administrator and the National Flood Insurance Fund are relieved of all liability under any such notes or other obligations, including for any interest due, including capitalized interest, and any other fees and charges payable in connection with such notes and obligations. (2) Use of savings for flood mapping \nIn addition to amounts otherwise available, for each of fiscal years 2024 and 2025, an amount equal to the interest the National Flood Insurance Program would have accrued from servicing the canceled debt under paragraph (1) in that fiscal year, which shall be derived from offsetting amounts collected under section 1310(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(d) ) and shall remain available until expended for activities identified in section 100216 (b)(1)(A) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b(b)(1)(A) ) and related salaries and administrative expenses. (b) Means-Tested assistance for National Flood Insurance Program policyholders \n(1) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Administrator of the Federal Emergency Management Agency for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, $600,000,000, to remain available until September 30, 2028, to provide assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. (2) Terms and conditions \n(A) Discounts \nThe Administrator shall use funds provided under this subsection to establish graduated discounts available to eligible policyholders under this subsection, with respect to covered properties, which may be based on the following factors: (i) The percentage by which the household income of the eligible policyholder is equal to, or less than, 120 percent of the area median income for the area in which the property to which the policy applies is located. (ii) The number of eligible policyholders participating in the program authorized under this subsection. (iii) The availability of funding. (B) Distribution of premium \nWith respect to the amount of the discounts provided under this subsection in a fiscal year, and any administrative expenses incurred in carrying out this subsection for that fiscal year, the Administrator shall, from amounts made available to carry out this subsection for that fiscal year, deposit in the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017 ) an amount equal to those discounts and administrative expenses, except to the extent that section 1310A of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017a ) applies to any portion of those discounts or administrative expenses, in which case the Administrator shall deposit an amount equal to those amounts to which such section 1310A applies in the National Flood Insurance Reserve Fund established under such section 1310A. (C) Requirement on timing \nNot later than 21 months after the date of the enactment of this section, the Administrator shall issue interim guidance to implement this subsection which shall expire on the later of— (i) the date that is 60 months after the date of the enactment of this section; or (ii) the date on which a final rule issued to implement this subsection takes effect. (3) Definitions \nIn this subsection: (A) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (B) Covered property \nThe term covered property means— (i) a primary residential dwelling designed for the occupancy of from 1 to 4 families; or (ii) personal property relating to a dwelling described in clause (i) or personal property in the primary residential dwelling of a renter. (C) Eligible policyholder \nThe term eligible policyholder means a policyholder with a household income that is not more than 120 percent of the area median income for the area in which the property to which the policy applies is located. (D) Insurance costs \nThe term insurance costs means insurance premiums, fees, and surcharges charged under the National Flood Insurance Program, with respect to a covered property for a year.", "id": "H5D6F8C30518F4FC2BCEA5598A61D4017", "header": "Strengthening resilience under national flood insurance program", "nested": [ { "text": "(a) NFIP program activities \n(1) Cancellation \nAll indebtedness of the Administrator of the Federal Emergency Management Agency under any notes or other obligations issued pursuant to section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) ) and section 15(e) of the Federal Insurance Act of 1956 ( 42 U.S.C. 2414(e) ), and outstanding as of the date of the enactment of this Act, is hereby cancelled, the Administrator and the National Flood Insurance Fund are relieved of all liability under any such notes or other obligations, including for any interest due, including capitalized interest, and any other fees and charges payable in connection with such notes and obligations. (2) Use of savings for flood mapping \nIn addition to amounts otherwise available, for each of fiscal years 2024 and 2025, an amount equal to the interest the National Flood Insurance Program would have accrued from servicing the canceled debt under paragraph (1) in that fiscal year, which shall be derived from offsetting amounts collected under section 1310(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(d) ) and shall remain available until expended for activities identified in section 100216 (b)(1)(A) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b(b)(1)(A) ) and related salaries and administrative expenses.", "id": "HAFAF005077D3477AA33ED97B29781819", "header": "NFIP program activities", "nested": [], "links": [ { "text": "42 U.S.C. 4016(a)", "legal-doc": "usc", "parsable-cite": "usc/42/4016" }, { "text": "42 U.S.C. 2414(e)", "legal-doc": "usc", "parsable-cite": "usc/42/2414" }, { "text": "42 U.S.C. 4017(d)", "legal-doc": "usc", "parsable-cite": "usc/42/4017" }, { "text": "42 U.S.C. 4101b(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/4101b" } ] }, { "text": "(b) Means-Tested assistance for National Flood Insurance Program policyholders \n(1) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Administrator of the Federal Emergency Management Agency for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, $600,000,000, to remain available until September 30, 2028, to provide assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. (2) Terms and conditions \n(A) Discounts \nThe Administrator shall use funds provided under this subsection to establish graduated discounts available to eligible policyholders under this subsection, with respect to covered properties, which may be based on the following factors: (i) The percentage by which the household income of the eligible policyholder is equal to, or less than, 120 percent of the area median income for the area in which the property to which the policy applies is located. (ii) The number of eligible policyholders participating in the program authorized under this subsection. (iii) The availability of funding. (B) Distribution of premium \nWith respect to the amount of the discounts provided under this subsection in a fiscal year, and any administrative expenses incurred in carrying out this subsection for that fiscal year, the Administrator shall, from amounts made available to carry out this subsection for that fiscal year, deposit in the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017 ) an amount equal to those discounts and administrative expenses, except to the extent that section 1310A of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017a ) applies to any portion of those discounts or administrative expenses, in which case the Administrator shall deposit an amount equal to those amounts to which such section 1310A applies in the National Flood Insurance Reserve Fund established under such section 1310A. (C) Requirement on timing \nNot later than 21 months after the date of the enactment of this section, the Administrator shall issue interim guidance to implement this subsection which shall expire on the later of— (i) the date that is 60 months after the date of the enactment of this section; or (ii) the date on which a final rule issued to implement this subsection takes effect. (3) Definitions \nIn this subsection: (A) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (B) Covered property \nThe term covered property means— (i) a primary residential dwelling designed for the occupancy of from 1 to 4 families; or (ii) personal property relating to a dwelling described in clause (i) or personal property in the primary residential dwelling of a renter. (C) Eligible policyholder \nThe term eligible policyholder means a policyholder with a household income that is not more than 120 percent of the area median income for the area in which the property to which the policy applies is located. (D) Insurance costs \nThe term insurance costs means insurance premiums, fees, and surcharges charged under the National Flood Insurance Program, with respect to a covered property for a year.", "id": "HB228378EC7B94D26B923669FE54D1F1C", "header": "Means-Tested assistance for National Flood Insurance Program policyholders", "nested": [], "links": [ { "text": "42 U.S.C. 4017", "legal-doc": "usc", "parsable-cite": "usc/42/4017" }, { "text": "42 U.S.C. 4017a", "legal-doc": "usc", "parsable-cite": "usc/42/4017a" } ] } ], "links": [ { "text": "42 U.S.C. 4016(a)", "legal-doc": "usc", "parsable-cite": "usc/42/4016" }, { "text": "42 U.S.C. 2414(e)", "legal-doc": "usc", "parsable-cite": "usc/42/2414" }, { "text": "42 U.S.C. 4017(d)", "legal-doc": "usc", "parsable-cite": "usc/42/4017" }, { "text": "42 U.S.C. 4101b(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/4101b" }, { "text": "42 U.S.C. 4017", "legal-doc": "usc", "parsable-cite": "usc/42/4017" }, { "text": "42 U.S.C. 4017a", "legal-doc": "usc", "parsable-cite": "usc/42/4017a" } ] }, { "text": "205. Community Restoration and Revitalization Fund \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Community Restoration and Revitalization Fund established under subsection (b) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2033— (1) $2,000,000,000 for awards of planning and implementation grants under section 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321), awarded on a competitive basis to eligible recipients, as defined under subsection (c)(2) of this section, to carry out community-led projects to create equitable civic infrastructure and create or preserve affordable, accessible housing, including creating, expanding, and maintaining community land trusts and shared equity homeownership programs; (2) $500,000,000 for planning and implementation grants under section 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2) 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321), awarded on a competitive basis to eligible recipients to create, expand, and maintain community land trusts and shared equity homeownership, including through the acquisition, rehabilitation, and new construction of affordable, accessible housing; (3) $400,000,000 for the Secretary to provide technical assistance, capacity building, and program support to applicants, potential applicants, and recipients of amounts appropriated for grants under this section; and (4) $100,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and community and economic development programs overseen by the Secretary generally, including information technology, financial reporting, research and evaluations, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs. (b) Establishment of Fund \nThe Secretary of Housing and Urban Development (in this section referred to as the Secretary ) shall establish a Community Restoration and Revitalization Fund (in this section referred to as the Fund ) to award planning and implementation grants on a competitive basis to eligible recipients as defined in this section for activities authorized under subsections (a) through (g) of section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 ) and under this section for community-led affordable housing and civic infrastructure projects. (c) Eligible geographical areas, recipients, and applicants \n(1) Geographical areas \nThe Secretary shall award grants from the Fund to eligible recipients within geographical areas at the neighborhood, county, or census tract level, including census tracts adjacent to the project area that are areas in need of investment, as demonstrated by two or more of the following factors: (A) High and persistent rates of poverty. (B) Population at risk of displacement due to rising housing costs. (C) Dwelling unit sales prices that are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. (D) High proportions of residential and commercial properties that are vacant due to foreclosure, eviction, abandonment, or other causes. (E) Low rates of homeownership by race and ethnicity, relative to the national homeownership rate. (2) Eligible recipient \nAn eligible recipient of a planning or implementation grant under subsection (a)(1) or an implementation grant under subsection (a)(2) shall be a local partnership of a lead applicant and one or more joint applicants with the ability to administer the grant. An eligible recipient of a planning grant under subsection (b)(1) shall be a lead applicant with the ability to administer the grant, including a regional, State, or national nonprofit. (d) Eligible recipients and applicants \n(1) Lead applicant \nAn eligible lead applicant for a grant awarded under this section shall be an entity that is located within or serves the geographic area of the project, or derives its mission and operational priorities from the needs of the geographic area of the project, demonstrates a commitment to anti-displacement efforts, and that is— (A) a nonprofit organization that has expertise in community planning, engagement, organizing, housing and community development; (B) a community development corporation; (C) a community housing development organization; (D) a community-based development organization; or (E) a community development financial institution, as defined by section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ). (2) Joint applicants \nA joint applicant shall be an entity eligible to be a lead applicant in paragraph (1), or a local, regional, or national— (A) nonprofit organization; (B) community development financial institution; (C) unit of general local government; (D) Indian tribe; (E) State housing finance agency; (F) land bank; (G) fair housing enforcement organization (as such term is defined in section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a )); (H) public housing agency; (I) tribally designated housing entity; or (J) philanthropic organization. (3) Lack of local entity \nA regional, State, or national nonprofit organization may serve as a lead entity if there is no local entity that meets the geographic requirements in paragraph (1). (e) Uses of funds \n(1) In general \nPlanning and implementation grants awarded under this section shall be used to support civic infrastructure and housing-related activities. (2) Implementation grants \nImplementation grants awarded under this section may be used for activities eligible under subsections (a) through (g) of section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 ) and other activities to support civic infrastructure and housing-related activities, including— (A) new construction of housing; (B) demolition of abandoned or distressed structures, but only if such activity is part of a strategy that incorporates rehabilitation or new construction, anti-displacement efforts such as tenants’ right to return and right of first refusal to purchase, and efforts to increase affordable, accessible housing and homeownership, except that not more than 10 percent of any grant made under this section may be used for activities under this subparagraph unless the Secretary determines that such use is to the benefit of existing residents; (C) facilitating the creation, maintenance, or availability of rental units, including units in mixed-use properties, affordable and accessible to a household whose income does not exceed 80 percent of the median income for the area, as determined by the Secretary, for a period of not less than 30 years; (D) facilitating the creation, maintenance, or availability of homeownership units affordable and accessible to households whose incomes do not exceed 120 percent of the median income for the area, as determined by the Secretary; (E) establishing or operating land banks; and (F) providing assistance to existing residents experiencing economic distress or at risk of displacement, including purchasing nonperforming mortgages and clearing and obtaining formal title. (3) Community Land Trust grants and shared equity homeownership grants \nAn eligible recipient of a community land trust grant awarded for establishing and operating a community land trust or shared equity homeownership program; creation, subsidization, construction, acquisition, rehabilitation, and preservation of housing in a community land trust or shared equity homeownership program, and expanding the capacity of the recipient to carry out the grant. (f) Definitions \nFor purposes of this section, the following definitions shall apply: (1) Community land trust \nThe term community land trust ’ means a nonprofit organization or State or local governments or instrumentalities that— (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to— (i) make rental and homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable rentals or homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. (2) Land bank \nThe term land bank means a government entity, agency, or program, or a special purpose nonprofit entity formed by one or more units of government in accordance with State or local land bank enabling law, that has been designated by one or more State or local governments to acquire, steward, and dispose of vacant, abandoned, or other problem properties in accordance with locally-determined priorities and goals. (3) Shared equity homeownership program \nThe term shared equity homeownership program means a program to facilitate affordable homeownership preservation through a resale restriction program administered by a community land trust, other nonprofit organization, or State or local government or instrumentalities and that utilizes a ground lease, deed restriction, subordinate loan, or similar mechanism that includes provisions ensuring that the program shall— (A) maintain the home as affordable for subsequent very low-, low-, or moderate-income families for an affordability term of at least 30 years after recordation; (B) apply a resale formula that limits the homeowner’s proceeds upon resale; and (C) provide the program administrator or such administrator’s assignee a preemptive option to purchase the homeownership unit from the homeowner at resale. (g) Implementation \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.", "id": "H6A7EA16492744028954B7348002EF55E", "header": "Community Restoration and Revitalization Fund", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Community Restoration and Revitalization Fund established under subsection (b) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2033— (1) $2,000,000,000 for awards of planning and implementation grants under section 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321), awarded on a competitive basis to eligible recipients, as defined under subsection (c)(2) of this section, to carry out community-led projects to create equitable civic infrastructure and create or preserve affordable, accessible housing, including creating, expanding, and maintaining community land trusts and shared equity homeownership programs; (2) $500,000,000 for planning and implementation grants under section 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2) 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321), awarded on a competitive basis to eligible recipients to create, expand, and maintain community land trusts and shared equity homeownership, including through the acquisition, rehabilitation, and new construction of affordable, accessible housing; (3) $400,000,000 for the Secretary to provide technical assistance, capacity building, and program support to applicants, potential applicants, and recipients of amounts appropriated for grants under this section; and (4) $100,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and community and economic development programs overseen by the Secretary generally, including information technology, financial reporting, research and evaluations, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs.", "id": "H08DA6A05EA8D4DB3BF3284BD204A247A", "header": "Appropriation", "nested": [], "links": [ { "text": "42 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/42/5301" } ] }, { "text": "(b) Establishment of Fund \nThe Secretary of Housing and Urban Development (in this section referred to as the Secretary ) shall establish a Community Restoration and Revitalization Fund (in this section referred to as the Fund ) to award planning and implementation grants on a competitive basis to eligible recipients as defined in this section for activities authorized under subsections (a) through (g) of section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 ) and under this section for community-led affordable housing and civic infrastructure projects.", "id": "H31E46B76B2984EDD9031D07331808BE8", "header": "Establishment of Fund", "nested": [], "links": [ { "text": "42 U.S.C. 5305", "legal-doc": "usc", "parsable-cite": "usc/42/5305" } ] }, { "text": "(c) Eligible geographical areas, recipients, and applicants \n(1) Geographical areas \nThe Secretary shall award grants from the Fund to eligible recipients within geographical areas at the neighborhood, county, or census tract level, including census tracts adjacent to the project area that are areas in need of investment, as demonstrated by two or more of the following factors: (A) High and persistent rates of poverty. (B) Population at risk of displacement due to rising housing costs. (C) Dwelling unit sales prices that are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. (D) High proportions of residential and commercial properties that are vacant due to foreclosure, eviction, abandonment, or other causes. (E) Low rates of homeownership by race and ethnicity, relative to the national homeownership rate. (2) Eligible recipient \nAn eligible recipient of a planning or implementation grant under subsection (a)(1) or an implementation grant under subsection (a)(2) shall be a local partnership of a lead applicant and one or more joint applicants with the ability to administer the grant. An eligible recipient of a planning grant under subsection (b)(1) shall be a lead applicant with the ability to administer the grant, including a regional, State, or national nonprofit.", "id": "H5F7AD51846C34BEAAC0683A12C30485F", "header": "Eligible geographical areas, recipients, and applicants", "nested": [], "links": [] }, { "text": "(d) Eligible recipients and applicants \n(1) Lead applicant \nAn eligible lead applicant for a grant awarded under this section shall be an entity that is located within or serves the geographic area of the project, or derives its mission and operational priorities from the needs of the geographic area of the project, demonstrates a commitment to anti-displacement efforts, and that is— (A) a nonprofit organization that has expertise in community planning, engagement, organizing, housing and community development; (B) a community development corporation; (C) a community housing development organization; (D) a community-based development organization; or (E) a community development financial institution, as defined by section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ). (2) Joint applicants \nA joint applicant shall be an entity eligible to be a lead applicant in paragraph (1), or a local, regional, or national— (A) nonprofit organization; (B) community development financial institution; (C) unit of general local government; (D) Indian tribe; (E) State housing finance agency; (F) land bank; (G) fair housing enforcement organization (as such term is defined in section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a )); (H) public housing agency; (I) tribally designated housing entity; or (J) philanthropic organization. (3) Lack of local entity \nA regional, State, or national nonprofit organization may serve as a lead entity if there is no local entity that meets the geographic requirements in paragraph (1).", "id": "H9A19D324A2404B07A2F82B217D8D1721", "header": "Eligible recipients and applicants", "nested": [], "links": [ { "text": "12 U.S.C. 4702", "legal-doc": "usc", "parsable-cite": "usc/12/4702" }, { "text": "42 U.S.C. 3616a", "legal-doc": "usc", "parsable-cite": "usc/42/3616a" } ] }, { "text": "(e) Uses of funds \n(1) In general \nPlanning and implementation grants awarded under this section shall be used to support civic infrastructure and housing-related activities. (2) Implementation grants \nImplementation grants awarded under this section may be used for activities eligible under subsections (a) through (g) of section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 ) and other activities to support civic infrastructure and housing-related activities, including— (A) new construction of housing; (B) demolition of abandoned or distressed structures, but only if such activity is part of a strategy that incorporates rehabilitation or new construction, anti-displacement efforts such as tenants’ right to return and right of first refusal to purchase, and efforts to increase affordable, accessible housing and homeownership, except that not more than 10 percent of any grant made under this section may be used for activities under this subparagraph unless the Secretary determines that such use is to the benefit of existing residents; (C) facilitating the creation, maintenance, or availability of rental units, including units in mixed-use properties, affordable and accessible to a household whose income does not exceed 80 percent of the median income for the area, as determined by the Secretary, for a period of not less than 30 years; (D) facilitating the creation, maintenance, or availability of homeownership units affordable and accessible to households whose incomes do not exceed 120 percent of the median income for the area, as determined by the Secretary; (E) establishing or operating land banks; and (F) providing assistance to existing residents experiencing economic distress or at risk of displacement, including purchasing nonperforming mortgages and clearing and obtaining formal title. (3) Community Land Trust grants and shared equity homeownership grants \nAn eligible recipient of a community land trust grant awarded for establishing and operating a community land trust or shared equity homeownership program; creation, subsidization, construction, acquisition, rehabilitation, and preservation of housing in a community land trust or shared equity homeownership program, and expanding the capacity of the recipient to carry out the grant.", "id": "HB2BD24BA5C6D49AEAA2A90774DF51CFF", "header": "Uses of funds", "nested": [], "links": [ { "text": "42 U.S.C. 5305", "legal-doc": "usc", "parsable-cite": "usc/42/5305" } ] }, { "text": "(f) Definitions \nFor purposes of this section, the following definitions shall apply: (1) Community land trust \nThe term community land trust ’ means a nonprofit organization or State or local governments or instrumentalities that— (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to— (i) make rental and homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable rentals or homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. (2) Land bank \nThe term land bank means a government entity, agency, or program, or a special purpose nonprofit entity formed by one or more units of government in accordance with State or local land bank enabling law, that has been designated by one or more State or local governments to acquire, steward, and dispose of vacant, abandoned, or other problem properties in accordance with locally-determined priorities and goals. (3) Shared equity homeownership program \nThe term shared equity homeownership program means a program to facilitate affordable homeownership preservation through a resale restriction program administered by a community land trust, other nonprofit organization, or State or local government or instrumentalities and that utilizes a ground lease, deed restriction, subordinate loan, or similar mechanism that includes provisions ensuring that the program shall— (A) maintain the home as affordable for subsequent very low-, low-, or moderate-income families for an affordability term of at least 30 years after recordation; (B) apply a resale formula that limits the homeowner’s proceeds upon resale; and (C) provide the program administrator or such administrator’s assignee a preemptive option to purchase the homeownership unit from the homeowner at resale.", "id": "H24F75757D1FD4CB1863B207D38F2CDD0", "header": "Definitions", "nested": [], "links": [] }, { "text": "(g) Implementation \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.", "id": "HCE1C5CF67A4C4070B6E272B5950135A4", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 5305", "legal-doc": "usc", "parsable-cite": "usc/42/5305" }, { "text": "12 U.S.C. 4702", "legal-doc": "usc", "parsable-cite": "usc/12/4702" }, { "text": "42 U.S.C. 3616a", "legal-doc": "usc", "parsable-cite": "usc/42/3616a" }, { "text": "42 U.S.C. 5305", "legal-doc": "usc", "parsable-cite": "usc/42/5305" } ] }, { "text": "206. Fair housing activities and investigations \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $540,000,000, to remain available until September 30, 2028, for the Fair Housing Initiatives Program under section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a ) to ensure existing and new fair housing organizations have expanded and strengthened capacity to address fair housing inquiries and complaints, conduct local, regional, and national testing and investigations, conduct education and outreach activities, and address costs of delivering or adapting services to meet increased housing market activity and evolving business practices in the housing, housing-related, and lending markets. Amounts made available under this section shall support greater organizational continuity and capacity, including through up to 10-year grants; and (2) $160,000,000, to remain available until September 30, 2033, for the costs to the Secretary of administering and overseeing the implementation of this section and the Fair Housing Initiatives and Fair Housing Assistance Programs generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. (b) Implementation \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.", "id": "H2C5BD23260154C03B5B956A6D4E28F0D", "header": "Fair housing activities and investigations", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $540,000,000, to remain available until September 30, 2028, for the Fair Housing Initiatives Program under section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a ) to ensure existing and new fair housing organizations have expanded and strengthened capacity to address fair housing inquiries and complaints, conduct local, regional, and national testing and investigations, conduct education and outreach activities, and address costs of delivering or adapting services to meet increased housing market activity and evolving business practices in the housing, housing-related, and lending markets. Amounts made available under this section shall support greater organizational continuity and capacity, including through up to 10-year grants; and (2) $160,000,000, to remain available until September 30, 2033, for the costs to the Secretary of administering and overseeing the implementation of this section and the Fair Housing Initiatives and Fair Housing Assistance Programs generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs.", "id": "H3C11C13CC2A5421B9FA0EC7864FD3C12", "header": "Appropriation", "nested": [], "links": [ { "text": "42 U.S.C. 3616a", "legal-doc": "usc", "parsable-cite": "usc/42/3616a" } ] }, { "text": "(b) Implementation \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.", "id": "H12A0BB95F1714968897B282718D895AA", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 3616a", "legal-doc": "usc", "parsable-cite": "usc/42/3616a" } ] }, { "text": "207. Intergovernmental fair housing activities and investigations \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $75,000,000 for support for cooperative efforts with State and local agencies administering fair housing laws under section 817 of the Fair Housing Act ( 42 U.S.C. 3616 ) to assist the Secretary to affirmatively further fair housing, and for Fair Housing Assistance Program cooperative agreements with interim certified and certified State and local agencies, under the requirements of subpart C of part 115 of title 24, Code of Federal Regulations, to ensure expanded and strengthened capacity of substantially equivalent agencies to assume a greater share of the responsibility for the administration and enforcement of fair housing laws; and (2) $25,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Fair Housing Assistance and Fair Housing Initiatives Programs generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs.", "id": "H8398265216634095AD714CE96309F804", "header": "Intergovernmental fair housing activities and investigations", "nested": [], "links": [ { "text": "42 U.S.C. 3616", "legal-doc": "usc", "parsable-cite": "usc/42/3616" } ] }, { "text": "301. First-Generation Downpayment Assistance \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the First Generation Downpayment Fund to increase equal access to homeownership, established under subsection (b) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $6,825,000,000, to remain available until September 30, 2028, for the First-Generation Downpayment Assistance Fund under this section for allocation to each State in accordance with a formula established by the Secretary, which shall take into consideration best available data to approximate the number of potential qualified homebuyers as defined in subsection (e)(7) as well as median area home prices, to carry out the eligible uses of the Fund as described in subsection (d); (2) $2,275,000,000, to remain available until September 30, 2028, for the First-Generation Downpayment Assistance Program under this section for competitive grants to eligible entities to carry out the eligible uses of the Fund as described in subsection (d); (3) $500,000,000, to remain available until September 30, 2033, for the costs of providing housing counseling required under the First-Generation Downpayment Assistance Program under subsection (d)(1); and (4) $400,000,000, to remain available until September 30, 2033, for the costs to the Secretary of Housing and Urban Development of administering and overseeing the implementation of the First-Generation Downpayment Assistance Program, including information technology, financial reporting, programmatic reporting, research and evaluations, which shall include the program’s impact on racial and ethnic disparities in homeownership rates, technical assistance to recipients of amounts under this section, and other cross-program costs in support of programs administered by the Secretary in this Act, and other costs. (b) Establishment \nThe Secretary of Housing and Urban Development shall establish and manage a fund to be known as the First Generation Downpayment Fund (in this section referred to as the Fund ) for the uses set forth in subsection (d). (c) Allocation of Funds \n(1) Initial allocation \nThe Secretary shall allocate and award funding provided by subsection (a) as provided under such subsection not later than 12 months after the date of the enactment of this section. (2) Reallocation \nIf a State or eligible entity does not demonstrate the capacity to expend grant funds provided under this section, the Secretary may recapture amounts remaining available to a grantee that has not demonstrated the capacity to expend such funds in a manner that furthers the purposes of this section and shall reallocate such amounts among any other States or eligible entities that have demonstrated to the Secretary the capacity to expend such amounts in a manner that furthers the purposes of this section. (d) Terms and conditions of grants allocated or awarded from Fund \n(1) Uses of funds \nStates and eligible entities receiving grants from the Fund shall use such grants to provide assistance to or on behalf of a qualified homebuyer who has completed a program of housing counseling provided through a housing counseling agency approved by the Secretary or other adequate homebuyer education before entering into a sales purchase agreement for— (A) costs in connection with the acquisition, involving an eligible mortgage loan, of an eligible home, including downpayment costs, closing costs, and costs to reduce the rates of interest on eligible mortgage loans; (B) subsidies to make shared equity homes affordable to eligible homebuyers; and (C) pre-occupancy home modifications to accommodate qualified homebuyers or members of their household with disabilities; (2) Amount of assistance \nAssistance under this section— (A) may be provided to or on behalf of any qualified homebuyer; (B) may be provided to or on behalf of any qualified homebuyer only once in the form of grants or forgivable, non-amortizing, non-interest-bearing loans that may only be required to be repaid pursuant to paragraph (d)(4); and (C) may not exceed the greater of $20,000 or 10 percent of the purchase price in the case of a qualified homebuyer, not to include assistance received under subsection (d)(1)(C) for disability related home modifications, except that the Secretary may increase such maximum limitation amounts for qualified homebuyers who are economically disadvantaged. (3) Prohibition of priority or recoupment of funds \nIn selecting qualified homebuyers for assistance with grant amounts under this section, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable, nor may the State or eligible entity seek to recoup any funds associated with the provision of downpayment assistance to the qualified homebuyer, whether through premium pricing or otherwise, except as provided in paragraph (4) of this subsection or otherwise authorized by the Secretary. (4) Repayment of assistance \n(A) Requirement \nThe Secretary shall require that, if a homebuyer to or on behalf of whom assistance is provided from grant amounts under this section fails or ceases to occupy the property acquired using such assistance as the primary residence of the homebuyer, except in the case of assistance provided in connection with the purchase of a principal residence through a shared equity homeownership program, the homebuyer shall repay to the State or eligible entity, as applicable, in a proportional amount of the assistance the homebuyer receives based on the number of years they have occupied the eligible home up to 5 years, except that no assistance shall be repaid if the qualified homebuyer occupies the eligible home as a primary residence for 5 years or more. (B) Limitation \nNotwithstanding subparagraph (A), a homebuyer to or on behalf of whom assistance is provided from grant amounts under this section shall not be liable to the State or eligible entity for the repayment of the amount of such shortage if the homebuyer fails or ceases to occupy the property acquired using such assistance as the principal residence of the homebuyer at least in part because of a hardship, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale to a bona fide purchaser in an arm’s length transaction are less than the amount the homebuyer is required to repay the State or eligible entity under subparagraph (A). (5) Reliance on borrower attestations \nNo additional documentation beyond the borrower’s attestation shall be required to demonstrate eligibility under subparagraphs (B) and (C) of subsection (e)(7) and no State, eligible entity, or creditor shall be subject to liability based on the accuracy of such attestation. (6) Costs to grantee \nStates and eligible entities receiving grants from the Fund may use a portion of such grants for administrative costs up to the limit specified by the Secretary. (e) Definitions \nFor purposes of this section, the following definitions shall apply: (1) Eligible entity \nThe term eligible entity means— (A) a minority depository institution, as such term is defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1463 note); (B) a community development financial institution, as such term is defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ), that is certified by the Secretary of the Treasury and targets services to minority and low-income populations or provides services in neighborhoods having high concentrations of minority and low-income populations; (C) any other nonprofit entity that the Secretary finds has a track record of providing assistance to homeowners, targets services to minority and low-income or provides services in neighborhoods having high concentrations of minority and low-income populations; and (D) a unit of general local government, as such term is defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ). (2) Eligible home \nThe term eligible home means a residential dwelling that— (A) consists of 1 to 4 dwelling units; and (B) will be occupied by the qualified homebuyer as the primary residence of the homebuyer. (3) Eligible mortgage loan \nThe term eligible mortgage loan means a single-family residential mortgage loan that— (A) meets the underwriting requirements and dollar amount limitations for acquisition by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (B) is made, insured, or guaranteed under any program administered by the Secretary; (C) is made, insured, or guaranteed by the Rural Housing Administrator of the Department of Agriculture; (D) is a qualified mortgage, as such term is defined in section 129C(b)(2) of the Truth in Lending Act ( 15 U.S.C. 1639c(b)(2) ); or (E) is made, insured, or guaranteed for the benefit of a veteran. (4) First-generation homebuyer \nThe term first-generation homebuyer means a homebuyer that is, as attested by the homebuyer— (A) an individual— (i) whose parents or legal guardians do not, or did not at the time of their death, to the best of the individual’s knowledge, have any present ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel; and (ii) whose spouse or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any present ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel, whether the individual is a co-borrower on the loan or not; or (B) an individual who has at any time been placed in foster care or institutional care whose spouse or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel, whether such individuals are co-borrowers on the loan or not. (5) Heir property \nThe term heir property means residential property for which title passed by operation of law through intestacy and is held by two or more heirs as tenants in common. (6) Ownership interest \nThe term ownership interest means any ownership, excluding any interest in heir property, in— (A) real estate in fee simple; (B) a leasehold on real estate under a lease for not less than ninety-nine years which is renewable; or (C) a fee interest in, or long-term leasehold interest in, real estate consisting of a one-family unit in a multifamily project, including a project in which the dwelling units are attached, or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities which serve the project. (7) Qualified homebuyer \nThe term qualified homebuyer means a homebuyer— (A) having an annual household income that is less than or equal to— (i) 120 percent of median income, as determined by the Secretary, for— (I) the area in which the home to be acquired using such assistance is located; or (II) the area in which the place of residence of the homebuyer is located; or (ii) 140 percent of the median income, as determined by the Secretary, for the area within which the eligible home to be acquired using such assistance is located if the homebuyer is acquiring an eligible home located in a high-cost area; (B) who is a first-time homebuyer, as such term is defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 ), except that for the purposes of this section the reference in such section 104 to title II shall be considered to refer to this section, and except that ownership of heir property shall not be treated as owning a home for purposes of determining whether a borrower qualifies as a first-time homebuyer; and (C) who is a first-generation homebuyer. (8) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development. (9) Shared equity homeownership program \n(A) In general \nThe term shared equity homeownership program means affordable homeownership preservation through a resale restriction program administered by a community land trust, other nonprofit organization, or State or local government or instrumentalities. (B) Affordability requirements \nAny such program under subparagraph (A) shall— (i) provide affordable homeownership opportunities to households; and (ii) utilize a ground lease, deed restriction, subordinate loan, or similar mechanism that includes provisions ensuring that the program shall— (I) maintain the homeownership unit as affordable for subsequent very low-, low-, or moderate-income families for an affordability term of at least 30 years after recordation; (II) apply a resale formula that limits the homeowner’s proceeds upon resale; and (III) provide the program administrator or such administrator’s assignee a preemptive option to purchase the homeownership unit from the homeowner at resale. (10) State \nThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. (f) Implementation \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.", "id": "H9A1B1011C0F640C4BFE7A20DEC4B5704", "header": "First-Generation Downpayment Assistance", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the First Generation Downpayment Fund to increase equal access to homeownership, established under subsection (b) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $6,825,000,000, to remain available until September 30, 2028, for the First-Generation Downpayment Assistance Fund under this section for allocation to each State in accordance with a formula established by the Secretary, which shall take into consideration best available data to approximate the number of potential qualified homebuyers as defined in subsection (e)(7) as well as median area home prices, to carry out the eligible uses of the Fund as described in subsection (d); (2) $2,275,000,000, to remain available until September 30, 2028, for the First-Generation Downpayment Assistance Program under this section for competitive grants to eligible entities to carry out the eligible uses of the Fund as described in subsection (d); (3) $500,000,000, to remain available until September 30, 2033, for the costs of providing housing counseling required under the First-Generation Downpayment Assistance Program under subsection (d)(1); and (4) $400,000,000, to remain available until September 30, 2033, for the costs to the Secretary of Housing and Urban Development of administering and overseeing the implementation of the First-Generation Downpayment Assistance Program, including information technology, financial reporting, programmatic reporting, research and evaluations, which shall include the program’s impact on racial and ethnic disparities in homeownership rates, technical assistance to recipients of amounts under this section, and other cross-program costs in support of programs administered by the Secretary in this Act, and other costs.", "id": "H85B7C4D6E78C49E79D9ADB5203E05D07", "header": "Appropriation", "nested": [], "links": [] }, { "text": "(b) Establishment \nThe Secretary of Housing and Urban Development shall establish and manage a fund to be known as the First Generation Downpayment Fund (in this section referred to as the Fund ) for the uses set forth in subsection (d).", "id": "HFF2D7C6295F64EA5815E15F2D92167A8", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Allocation of Funds \n(1) Initial allocation \nThe Secretary shall allocate and award funding provided by subsection (a) as provided under such subsection not later than 12 months after the date of the enactment of this section. (2) Reallocation \nIf a State or eligible entity does not demonstrate the capacity to expend grant funds provided under this section, the Secretary may recapture amounts remaining available to a grantee that has not demonstrated the capacity to expend such funds in a manner that furthers the purposes of this section and shall reallocate such amounts among any other States or eligible entities that have demonstrated to the Secretary the capacity to expend such amounts in a manner that furthers the purposes of this section.", "id": "H922A8897A91F48489EFAA28B1A3191DC", "header": "Allocation of Funds", "nested": [], "links": [] }, { "text": "(d) Terms and conditions of grants allocated or awarded from Fund \n(1) Uses of funds \nStates and eligible entities receiving grants from the Fund shall use such grants to provide assistance to or on behalf of a qualified homebuyer who has completed a program of housing counseling provided through a housing counseling agency approved by the Secretary or other adequate homebuyer education before entering into a sales purchase agreement for— (A) costs in connection with the acquisition, involving an eligible mortgage loan, of an eligible home, including downpayment costs, closing costs, and costs to reduce the rates of interest on eligible mortgage loans; (B) subsidies to make shared equity homes affordable to eligible homebuyers; and (C) pre-occupancy home modifications to accommodate qualified homebuyers or members of their household with disabilities; (2) Amount of assistance \nAssistance under this section— (A) may be provided to or on behalf of any qualified homebuyer; (B) may be provided to or on behalf of any qualified homebuyer only once in the form of grants or forgivable, non-amortizing, non-interest-bearing loans that may only be required to be repaid pursuant to paragraph (d)(4); and (C) may not exceed the greater of $20,000 or 10 percent of the purchase price in the case of a qualified homebuyer, not to include assistance received under subsection (d)(1)(C) for disability related home modifications, except that the Secretary may increase such maximum limitation amounts for qualified homebuyers who are economically disadvantaged. (3) Prohibition of priority or recoupment of funds \nIn selecting qualified homebuyers for assistance with grant amounts under this section, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable, nor may the State or eligible entity seek to recoup any funds associated with the provision of downpayment assistance to the qualified homebuyer, whether through premium pricing or otherwise, except as provided in paragraph (4) of this subsection or otherwise authorized by the Secretary. (4) Repayment of assistance \n(A) Requirement \nThe Secretary shall require that, if a homebuyer to or on behalf of whom assistance is provided from grant amounts under this section fails or ceases to occupy the property acquired using such assistance as the primary residence of the homebuyer, except in the case of assistance provided in connection with the purchase of a principal residence through a shared equity homeownership program, the homebuyer shall repay to the State or eligible entity, as applicable, in a proportional amount of the assistance the homebuyer receives based on the number of years they have occupied the eligible home up to 5 years, except that no assistance shall be repaid if the qualified homebuyer occupies the eligible home as a primary residence for 5 years or more. (B) Limitation \nNotwithstanding subparagraph (A), a homebuyer to or on behalf of whom assistance is provided from grant amounts under this section shall not be liable to the State or eligible entity for the repayment of the amount of such shortage if the homebuyer fails or ceases to occupy the property acquired using such assistance as the principal residence of the homebuyer at least in part because of a hardship, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale to a bona fide purchaser in an arm’s length transaction are less than the amount the homebuyer is required to repay the State or eligible entity under subparagraph (A). (5) Reliance on borrower attestations \nNo additional documentation beyond the borrower’s attestation shall be required to demonstrate eligibility under subparagraphs (B) and (C) of subsection (e)(7) and no State, eligible entity, or creditor shall be subject to liability based on the accuracy of such attestation. (6) Costs to grantee \nStates and eligible entities receiving grants from the Fund may use a portion of such grants for administrative costs up to the limit specified by the Secretary.", "id": "H622438BAF4444288824B9A8FB717335E", "header": "Terms and conditions of grants allocated or awarded from Fund", "nested": [], "links": [] }, { "text": "(e) Definitions \nFor purposes of this section, the following definitions shall apply: (1) Eligible entity \nThe term eligible entity means— (A) a minority depository institution, as such term is defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1463 note); (B) a community development financial institution, as such term is defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ), that is certified by the Secretary of the Treasury and targets services to minority and low-income populations or provides services in neighborhoods having high concentrations of minority and low-income populations; (C) any other nonprofit entity that the Secretary finds has a track record of providing assistance to homeowners, targets services to minority and low-income or provides services in neighborhoods having high concentrations of minority and low-income populations; and (D) a unit of general local government, as such term is defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ). (2) Eligible home \nThe term eligible home means a residential dwelling that— (A) consists of 1 to 4 dwelling units; and (B) will be occupied by the qualified homebuyer as the primary residence of the homebuyer. (3) Eligible mortgage loan \nThe term eligible mortgage loan means a single-family residential mortgage loan that— (A) meets the underwriting requirements and dollar amount limitations for acquisition by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (B) is made, insured, or guaranteed under any program administered by the Secretary; (C) is made, insured, or guaranteed by the Rural Housing Administrator of the Department of Agriculture; (D) is a qualified mortgage, as such term is defined in section 129C(b)(2) of the Truth in Lending Act ( 15 U.S.C. 1639c(b)(2) ); or (E) is made, insured, or guaranteed for the benefit of a veteran. (4) First-generation homebuyer \nThe term first-generation homebuyer means a homebuyer that is, as attested by the homebuyer— (A) an individual— (i) whose parents or legal guardians do not, or did not at the time of their death, to the best of the individual’s knowledge, have any present ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel; and (ii) whose spouse or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any present ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel, whether the individual is a co-borrower on the loan or not; or (B) an individual who has at any time been placed in foster care or institutional care whose spouse or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel, whether such individuals are co-borrowers on the loan or not. (5) Heir property \nThe term heir property means residential property for which title passed by operation of law through intestacy and is held by two or more heirs as tenants in common. (6) Ownership interest \nThe term ownership interest means any ownership, excluding any interest in heir property, in— (A) real estate in fee simple; (B) a leasehold on real estate under a lease for not less than ninety-nine years which is renewable; or (C) a fee interest in, or long-term leasehold interest in, real estate consisting of a one-family unit in a multifamily project, including a project in which the dwelling units are attached, or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities which serve the project. (7) Qualified homebuyer \nThe term qualified homebuyer means a homebuyer— (A) having an annual household income that is less than or equal to— (i) 120 percent of median income, as determined by the Secretary, for— (I) the area in which the home to be acquired using such assistance is located; or (II) the area in which the place of residence of the homebuyer is located; or (ii) 140 percent of the median income, as determined by the Secretary, for the area within which the eligible home to be acquired using such assistance is located if the homebuyer is acquiring an eligible home located in a high-cost area; (B) who is a first-time homebuyer, as such term is defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 ), except that for the purposes of this section the reference in such section 104 to title II shall be considered to refer to this section, and except that ownership of heir property shall not be treated as owning a home for purposes of determining whether a borrower qualifies as a first-time homebuyer; and (C) who is a first-generation homebuyer. (8) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development. (9) Shared equity homeownership program \n(A) In general \nThe term shared equity homeownership program means affordable homeownership preservation through a resale restriction program administered by a community land trust, other nonprofit organization, or State or local government or instrumentalities. (B) Affordability requirements \nAny such program under subparagraph (A) shall— (i) provide affordable homeownership opportunities to households; and (ii) utilize a ground lease, deed restriction, subordinate loan, or similar mechanism that includes provisions ensuring that the program shall— (I) maintain the homeownership unit as affordable for subsequent very low-, low-, or moderate-income families for an affordability term of at least 30 years after recordation; (II) apply a resale formula that limits the homeowner’s proceeds upon resale; and (III) provide the program administrator or such administrator’s assignee a preemptive option to purchase the homeownership unit from the homeowner at resale. (10) State \nThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.", "id": "H44BF810E208141E0A6F953BFFB58B319", "header": "Definitions", "nested": [], "links": [ { "text": "12 U.S.C. 1463", "legal-doc": "usc", "parsable-cite": "usc/12/1463" }, { "text": "12 U.S.C. 4702", "legal-doc": "usc", "parsable-cite": "usc/12/4702" }, { "text": "42 U.S.C. 5302", "legal-doc": "usc", "parsable-cite": "usc/42/5302" }, { "text": "15 U.S.C. 1639c(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/1639c" }, { "text": "42 U.S.C. 12704", "legal-doc": "usc", "parsable-cite": "usc/42/12704" } ] }, { "text": "(f) Implementation \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.", "id": "HD0F80C8FBC8F419BB74F069F6C5D2F68", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 1463", "legal-doc": "usc", "parsable-cite": "usc/12/1463" }, { "text": "12 U.S.C. 4702", "legal-doc": "usc", "parsable-cite": "usc/12/4702" }, { "text": "42 U.S.C. 5302", "legal-doc": "usc", "parsable-cite": "usc/42/5302" }, { "text": "15 U.S.C. 1639c(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/1639c" }, { "text": "42 U.S.C. 12704", "legal-doc": "usc", "parsable-cite": "usc/42/12704" } ] }, { "text": "302. Home loan program \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated for fiscal year 2024, out of any amounts in the Treasury not otherwise appropriated, to remain available until September 30, 2033— (1) $4,000,000,000 to the Secretary of Housing and Urban Development for the cost of guaranteed or insured loans and other obligations, including the cost of modifying such loans, under subsection (e)(1)(A); (2) $500,000,000 to the Secretary of Housing and Urban Development for costs of carrying out the program under paragraph (1) and programs of the Federal Housing Administration and the Government National Mortgage Association generally, including information technology, financial reporting, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs; (3) $150,000,000 to the Secretary of Agriculture for the cost of guaranteed and insured loans and other obligations, including the cost of modifying such loans, under subsection (e)(1)(B); (4) $50,000,000 to the Secretary of Agriculture for the costs of carrying out the program under paragraph (3) and programs of the Rural Housing Service generally, including information technology and financial reporting in support of the Program administered by the Secretary of Agriculture in this title; and (5) $300,000,000 to the Secretary of Treasury for the costs of carrying out the program under this section. (b) Use of funds \n(1) In general \n(A) The Secretary of Housing and Urban Development and the Secretary of Agriculture shall use the funds provided under subsections (a)(1), (a)(2), (a)(3), and (a)(4) to carry out the programs under subsections (a)(1) and (a)(3) to make covered mortgage loans. (B) The Secretary of the Treasury shall use the funds provided under subsections (a)(5) and (b)(2) to— (i) purchase, on behalf of the Secretary of Housing and Urban Development, securities that are secured by covered mortgage loans, and sell, manage, and exercise any rights received in connection with, any financial instruments or assets acquired pursuant to the authorities granted under this section, including, as appropriate, establishing and using vehicles to purchase, hold, and sell such financial instruments or assets; (ii) designate one or more banks, security brokers or dealers, asset managers, or investment advisers, as a financial agent of the Federal Government to perform duties related to authorities granted under this section; and (iii) use the services of the Department of Housing and Urban Development on a reimbursable basis, and the Secretary of Housing and Urban Development is authorized to provide services as requested by the Secretary of Treasury using all authorities vested in or delegated to the Department of Housing and Urban Development. (2) Transfer of amounts to Treasury \nSuch portions of the appropriation to the Secretary of Housing and Urban Development shall be transferred by the Secretary of Housing and Urban Development to the Department of the Treasury from time-to-time in an amount equal to, as determined by the Secretary of the Treasury in consultation with the Secretary of Housing and Urban Development, the amount necessary for the purchase of securities under the Program during the period for which the funds are intended to be available. (3) Use of proceeds \nRevenues of and proceeds from the sale, exercise, or surrender of assets purchased or acquired under the Program under this section shall be available to the Secretary of the Treasury through September 30, 2033, for purposes of purchases under subsection (b)(1)(B)(i). (c) Limitation on aggregate loan insurance or guarantee authority \nThe aggregate original principal obligation of all covered mortgage loans insured or guaranteed under subsection (e)(1)(A) of this section may not exceed $48,000,000,000, and under section (e)(1)(B) may not exceed $12,000,000,000. (d) GNMA guarantee authority and fee \nTo carry out the purposes of this section, the Government National Mortgage Association may enter into new commitments to issue guarantees of securities based on or backed by mortgages insured or guaranteed under this section, not exceeding $60,000,000,000, and shall collect guaranty fees consistent with section 306(g)(1) of the National Housing Act ( 12 U.S.C. 1721(g)(1) ) that are paid at securitization. (e) Definitions \nIn this section: (1) Covered mortgage loan \n(A) In general \nThe term covered mortgage loan means, for purposes of the Program established by the Secretary of Housing and Urban Development, a mortgage loan that— (i) is insured by the Federal Housing Administration pursuant to section 203(b) of the National Housing Act, subject to the eligibility criteria set forth in this subsection, and has a case number issued on or before December 31, 2031; (ii) is made for an original term of 20 years with a monthly mortgage payment of principal and interest that is not more than 110 percent and not less than 100 percent of the monthly payment of principal, interest, and periodic mortgage insurance premium associated with a newly originated 30-year mortgage loan with the same loan balance insured by the agency as determined by the Secretary; (iii) subject to subparagraph (C) of this paragraph and notwithstanding section 203(c)(2) of the National Housing Act ( 12 U.S.C. 1709(c)(2) ), has a mortgage insurance premium of not more than 4 percent of the loan balance that is paid at closing, financed into the principal balance of the loan, paid through an annual premium, or a combination thereof; (iv) involves a rate of interest that is fixed over the term of the mortgage loan; and (v) is secured by a single-family residence that is the principal residence of an eligible homebuyer. (B) The term covered mortgage loan means, for purposes of the Program established by the Secretary of Agriculture, a loan guaranteed under section 502(h) of the Housing Act of 1949 ( 42 U.S.C. 1472(h) ) that— (i) notwithstanding section 502(h)(7)(A) of the Housing Act of 1949 ( 42 U.S.C. 1472(h)(7)(A) ), is made for an original term of 20 years with a monthly mortgage payment of principal and interest that is not more than 110 percent and not less than 100 percent of the monthly payment of principal, interest, and loan guarantee fee associated with a newly originated 30-year mortgage loan with the same loan balance guaranteed by the agency as determined by the Secretary; and (ii) subject to subparagraph (C) of this paragraph and notwithstanding section 502(h)(8)(A) of the Housing Act of 1949 ( 42 U.S.C. 1472(h)(8)(A) ), has a loan guarantee fee of not more than 4 percent of the principal obligation of the loan. (2) Eligible homebuyer \nThe term eligible homebuyer means an individual who— (A) for purposes of the Program established by the Secretary of Housing and Urban Development— (i) has an annual household income that is less than or equal to— (I) 120 percent of median income for the area, as determined by the Secretary of Housing and Urban Development for— (aa) the area in which the home to be acquired using such assistance is located; or (bb) the area in which the place of residence of the homebuyer is located; or (II) if the homebuyer is acquiring an eligible home that is located in a high-cost area, 140 percent of the median income, as determined by the Secretary, for the area within which the eligible home to be acquired using assistance provided under this section is located; (ii) is a first-time homebuyer, as defined in paragraph (4) of this subsection; and (iii) is a first-generation homebuyer as defined in paragraph (3) of this subsection; (B) for purposes of the Program established by the Secretary of Agriculture— (i) meets the applicable requirements in section 502(h) of the Housing Act of 1949 ( 42 U.S.C. 1472(h) ); and (ii) is a first-time homebuyer as defined in paragraph (4) of this subsection and a first-generation homebuyer as defined in paragraph (3) of this subsection. (3) First-generation homebuyer \nThe term first-generation homebuyer means a homebuyer that, as attested by the homebuyer, is— (A) an individual— (i) whose parents or legal guardians do not, or did not at the time of their death, to the best of the individual’s knowledge, have any present ownership interest in a residence in any State or ownership of chattel, excluding ownership of heir property; and (ii) whose spouse, or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, have any present ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel, whether the individual is a co-borrower on the loan or not; or (B) an individual who has at any time been placed in foster care or institutional care whose spouse or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel, whether such individuals are co-borrowers on the loan or not. (4) First-time homebuyer \nThe term first-time homebuyer means a homebuyer as defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 ), except that for the purposes of this section the reference in such section 12704(14) to title II shall be considered to refer to this section, and except that ownership of heir property shall not be treated as owning a home for purposes of determining whether a borrower qualifies as a first-time homebuyer. (5) Heir property \nThe term heir property means residential property for which title passed by operation of law through intestacy and is held by two or more heirs as tenants in common. (6) Ownership interest \nThe term ownership interest means any ownership, excluding any interest in heir property, in— (A) real estate in fee simple; (B) a leasehold on real estate under a lease for not less than ninety-nine years which is renewable; or (C) a fee interest in, or long-term leasehold interest in, real estate consisting of a one-family unit in a multifamily project, including a project in which the dwelling units are attached, or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities which serve the project. (7) State \nThe term State means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (f) Reliance on borrower attestations \nNo additional documentation beyond the borrower’s attestation shall be required to demonstrate eligibility under clauses (ii) and (iii) of subsection (e)(2)(A) and clause (ii) of subsection (e)(2)(B) and no State, eligible entity, or creditor shall be subject to liability based on the accuracy of such attestation. (g) Implementation \nThe Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Treasury 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.", "id": "H3FDBD57E602548CEB4FDCB502E67D36B", "header": "Home loan program", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated for fiscal year 2024, out of any amounts in the Treasury not otherwise appropriated, to remain available until September 30, 2033— (1) $4,000,000,000 to the Secretary of Housing and Urban Development for the cost of guaranteed or insured loans and other obligations, including the cost of modifying such loans, under subsection (e)(1)(A); (2) $500,000,000 to the Secretary of Housing and Urban Development for costs of carrying out the program under paragraph (1) and programs of the Federal Housing Administration and the Government National Mortgage Association generally, including information technology, financial reporting, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs; (3) $150,000,000 to the Secretary of Agriculture for the cost of guaranteed and insured loans and other obligations, including the cost of modifying such loans, under subsection (e)(1)(B); (4) $50,000,000 to the Secretary of Agriculture for the costs of carrying out the program under paragraph (3) and programs of the Rural Housing Service generally, including information technology and financial reporting in support of the Program administered by the Secretary of Agriculture in this title; and (5) $300,000,000 to the Secretary of Treasury for the costs of carrying out the program under this section.", "id": "H4383F9AAC7004A71A51E27D3C9204619", "header": "Appropriation", "nested": [], "links": [] }, { "text": "(b) Use of funds \n(1) In general \n(A) The Secretary of Housing and Urban Development and the Secretary of Agriculture shall use the funds provided under subsections (a)(1), (a)(2), (a)(3), and (a)(4) to carry out the programs under subsections (a)(1) and (a)(3) to make covered mortgage loans. (B) The Secretary of the Treasury shall use the funds provided under subsections (a)(5) and (b)(2) to— (i) purchase, on behalf of the Secretary of Housing and Urban Development, securities that are secured by covered mortgage loans, and sell, manage, and exercise any rights received in connection with, any financial instruments or assets acquired pursuant to the authorities granted under this section, including, as appropriate, establishing and using vehicles to purchase, hold, and sell such financial instruments or assets; (ii) designate one or more banks, security brokers or dealers, asset managers, or investment advisers, as a financial agent of the Federal Government to perform duties related to authorities granted under this section; and (iii) use the services of the Department of Housing and Urban Development on a reimbursable basis, and the Secretary of Housing and Urban Development is authorized to provide services as requested by the Secretary of Treasury using all authorities vested in or delegated to the Department of Housing and Urban Development. (2) Transfer of amounts to Treasury \nSuch portions of the appropriation to the Secretary of Housing and Urban Development shall be transferred by the Secretary of Housing and Urban Development to the Department of the Treasury from time-to-time in an amount equal to, as determined by the Secretary of the Treasury in consultation with the Secretary of Housing and Urban Development, the amount necessary for the purchase of securities under the Program during the period for which the funds are intended to be available. (3) Use of proceeds \nRevenues of and proceeds from the sale, exercise, or surrender of assets purchased or acquired under the Program under this section shall be available to the Secretary of the Treasury through September 30, 2033, for purposes of purchases under subsection (b)(1)(B)(i).", "id": "H85D67297C8BE491B87B25F1ECE199ACF", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Limitation on aggregate loan insurance or guarantee authority \nThe aggregate original principal obligation of all covered mortgage loans insured or guaranteed under subsection (e)(1)(A) of this section may not exceed $48,000,000,000, and under section (e)(1)(B) may not exceed $12,000,000,000.", "id": "HF396A63472044BC99D4A147029E3134D", "header": "Limitation on aggregate loan insurance or guarantee authority", "nested": [], "links": [] }, { "text": "(d) GNMA guarantee authority and fee \nTo carry out the purposes of this section, the Government National Mortgage Association may enter into new commitments to issue guarantees of securities based on or backed by mortgages insured or guaranteed under this section, not exceeding $60,000,000,000, and shall collect guaranty fees consistent with section 306(g)(1) of the National Housing Act ( 12 U.S.C. 1721(g)(1) ) that are paid at securitization.", "id": "HB035FA25A6424E95A4B057060A17EF9D", "header": "GNMA guarantee authority and fee", "nested": [], "links": [ { "text": "12 U.S.C. 1721(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1721" } ] }, { "text": "(e) Definitions \nIn this section: (1) Covered mortgage loan \n(A) In general \nThe term covered mortgage loan means, for purposes of the Program established by the Secretary of Housing and Urban Development, a mortgage loan that— (i) is insured by the Federal Housing Administration pursuant to section 203(b) of the National Housing Act, subject to the eligibility criteria set forth in this subsection, and has a case number issued on or before December 31, 2031; (ii) is made for an original term of 20 years with a monthly mortgage payment of principal and interest that is not more than 110 percent and not less than 100 percent of the monthly payment of principal, interest, and periodic mortgage insurance premium associated with a newly originated 30-year mortgage loan with the same loan balance insured by the agency as determined by the Secretary; (iii) subject to subparagraph (C) of this paragraph and notwithstanding section 203(c)(2) of the National Housing Act ( 12 U.S.C. 1709(c)(2) ), has a mortgage insurance premium of not more than 4 percent of the loan balance that is paid at closing, financed into the principal balance of the loan, paid through an annual premium, or a combination thereof; (iv) involves a rate of interest that is fixed over the term of the mortgage loan; and (v) is secured by a single-family residence that is the principal residence of an eligible homebuyer. (B) The term covered mortgage loan means, for purposes of the Program established by the Secretary of Agriculture, a loan guaranteed under section 502(h) of the Housing Act of 1949 ( 42 U.S.C. 1472(h) ) that— (i) notwithstanding section 502(h)(7)(A) of the Housing Act of 1949 ( 42 U.S.C. 1472(h)(7)(A) ), is made for an original term of 20 years with a monthly mortgage payment of principal and interest that is not more than 110 percent and not less than 100 percent of the monthly payment of principal, interest, and loan guarantee fee associated with a newly originated 30-year mortgage loan with the same loan balance guaranteed by the agency as determined by the Secretary; and (ii) subject to subparagraph (C) of this paragraph and notwithstanding section 502(h)(8)(A) of the Housing Act of 1949 ( 42 U.S.C. 1472(h)(8)(A) ), has a loan guarantee fee of not more than 4 percent of the principal obligation of the loan. (2) Eligible homebuyer \nThe term eligible homebuyer means an individual who— (A) for purposes of the Program established by the Secretary of Housing and Urban Development— (i) has an annual household income that is less than or equal to— (I) 120 percent of median income for the area, as determined by the Secretary of Housing and Urban Development for— (aa) the area in which the home to be acquired using such assistance is located; or (bb) the area in which the place of residence of the homebuyer is located; or (II) if the homebuyer is acquiring an eligible home that is located in a high-cost area, 140 percent of the median income, as determined by the Secretary, for the area within which the eligible home to be acquired using assistance provided under this section is located; (ii) is a first-time homebuyer, as defined in paragraph (4) of this subsection; and (iii) is a first-generation homebuyer as defined in paragraph (3) of this subsection; (B) for purposes of the Program established by the Secretary of Agriculture— (i) meets the applicable requirements in section 502(h) of the Housing Act of 1949 ( 42 U.S.C. 1472(h) ); and (ii) is a first-time homebuyer as defined in paragraph (4) of this subsection and a first-generation homebuyer as defined in paragraph (3) of this subsection. (3) First-generation homebuyer \nThe term first-generation homebuyer means a homebuyer that, as attested by the homebuyer, is— (A) an individual— (i) whose parents or legal guardians do not, or did not at the time of their death, to the best of the individual’s knowledge, have any present ownership interest in a residence in any State or ownership of chattel, excluding ownership of heir property; and (ii) whose spouse, or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, have any present ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel, whether the individual is a co-borrower on the loan or not; or (B) an individual who has at any time been placed in foster care or institutional care whose spouse or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel, whether such individuals are co-borrowers on the loan or not. (4) First-time homebuyer \nThe term first-time homebuyer means a homebuyer as defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 ), except that for the purposes of this section the reference in such section 12704(14) to title II shall be considered to refer to this section, and except that ownership of heir property shall not be treated as owning a home for purposes of determining whether a borrower qualifies as a first-time homebuyer. (5) Heir property \nThe term heir property means residential property for which title passed by operation of law through intestacy and is held by two or more heirs as tenants in common. (6) Ownership interest \nThe term ownership interest means any ownership, excluding any interest in heir property, in— (A) real estate in fee simple; (B) a leasehold on real estate under a lease for not less than ninety-nine years which is renewable; or (C) a fee interest in, or long-term leasehold interest in, real estate consisting of a one-family unit in a multifamily project, including a project in which the dwelling units are attached, or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities which serve the project. (7) State \nThe term State means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.", "id": "HDFADB833BFA745B68D8A7C71882B70A0", "header": "Definitions", "nested": [], "links": [ { "text": "12 U.S.C. 1709(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/12/1709" }, { "text": "42 U.S.C. 1472(h)", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "42 U.S.C. 1472(h)(7)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "42 U.S.C. 1472(h)(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "42 U.S.C. 1472(h)", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "42 U.S.C. 12704", "legal-doc": "usc", "parsable-cite": "usc/42/12704" } ] }, { "text": "(f) Reliance on borrower attestations \nNo additional documentation beyond the borrower’s attestation shall be required to demonstrate eligibility under clauses (ii) and (iii) of subsection (e)(2)(A) and clause (ii) of subsection (e)(2)(B) and no State, eligible entity, or creditor shall be subject to liability based on the accuracy of such attestation.", "id": "H4EF5B8D6787B49F7A0C00B9D744EA53C", "header": "Reliance on borrower attestations", "nested": [], "links": [] }, { "text": "(g) Implementation \nThe Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Treasury 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.", "id": "H0DF71A9E686C4A668E550D5BABA6C55A", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 1721(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1721" }, { "text": "12 U.S.C. 1709(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/12/1709" }, { "text": "42 U.S.C. 1472(h)", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "42 U.S.C. 1472(h)(7)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "42 U.S.C. 1472(h)(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "42 U.S.C. 1472(h)", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "42 U.S.C. 12704", "legal-doc": "usc", "parsable-cite": "usc/42/12704" } ] }, { "text": "303. HUD-insured small dollar mortgage demonstration program \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2033— (1) $76,000,000 for a program to increase access to small-dollar mortgages, as defined in subsection (b), which may include payment of incentives to lenders, adjustments to terms and costs, individual financial assistance, technical assistance to lenders and certain financial institutions to help originate loans, lender and borrower outreach, and other activities; (2) $10,000,000 for the cost of insured or guaranteed loans, including the cost of modifying loans; and (3) $14,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and programs in the Office of Housing generally, including information technology, financial reporting, research and evaluations, fair housing and fair lending compliance, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs. (b) Small-Dollar mortgage \nFor purposes of this section, the term small-dollar mortgage means a forward mortgage that— (1) has an original principal balance of $100,000 or less; (2) is secured by a one- to four-unit property that is the mortgagor’s principal residence; and (3) is insured or guaranteed by the Secretary. (c) Implementation \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.", "id": "H742ECBFF7E214D9FA7CCA62B4DACE0BA", "header": "HUD-insured small dollar mortgage demonstration program", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2033— (1) $76,000,000 for a program to increase access to small-dollar mortgages, as defined in subsection (b), which may include payment of incentives to lenders, adjustments to terms and costs, individual financial assistance, technical assistance to lenders and certain financial institutions to help originate loans, lender and borrower outreach, and other activities; (2) $10,000,000 for the cost of insured or guaranteed loans, including the cost of modifying loans; and (3) $14,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and programs in the Office of Housing generally, including information technology, financial reporting, research and evaluations, fair housing and fair lending compliance, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs.", "id": "H57185AD489BE450BAAC454182F777BFF", "header": "Appropriation", "nested": [], "links": [] }, { "text": "(b) Small-Dollar mortgage \nFor purposes of this section, the term small-dollar mortgage means a forward mortgage that— (1) has an original principal balance of $100,000 or less; (2) is secured by a one- to four-unit property that is the mortgagor’s principal residence; and (3) is insured or guaranteed by the Secretary.", "id": "H6AE2531C5F2A48B0BB89F95D4EA3FEB1", "header": "Small-Dollar mortgage", "nested": [], "links": [] }, { "text": "(c) Implementation \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.", "id": "H4675CEC6E83242EF824A834013D806B1", "header": "Implementation", "nested": [], "links": [] } ], "links": [] }, { "text": "304. Investments in rural homeownership \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Rural Housing Service of the Department of Agriculture for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, to remain available until expended— (1) $90,000,000 for providing single family housing repair grants under section 504(a) of the Housing Act of 1949 ( 42 U.S.C. 1474(a) ), subject to the terms and conditions in subsection (b) of this section; (2) $10,000,000 for administrative expenses of the Rural Housing Service of the Department of Agriculture that in whole or in part support activities funded by this section and related activities. (b) Terms and conditions \n(1) Eligibility \nEligibility for grants from amounts made available by subsection (a)(1) shall not be subject to the limitations in section 3550.103(b) of title 7, Code of Federal Regulations. (2) Uses \nNotwithstanding the limitations in section 3550.102(a) of title 7, Code of Federal Regulations, grants from amounts made available by subsection (a)(2) shall be available for the eligible purposes in section 3550.102(b) of title 7, Code of Federal Regulations. (c) Implementation \nThe Administrator of the Rural Housing Service 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.", "id": "H606EAA235E7A43B68609C94DC9C7FE16", "header": "Investments in rural homeownership", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated to the Rural Housing Service of the Department of Agriculture for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, to remain available until expended— (1) $90,000,000 for providing single family housing repair grants under section 504(a) of the Housing Act of 1949 ( 42 U.S.C. 1474(a) ), subject to the terms and conditions in subsection (b) of this section; (2) $10,000,000 for administrative expenses of the Rural Housing Service of the Department of Agriculture that in whole or in part support activities funded by this section and related activities.", "id": "H3FF6C963631A490F8A16D0BF155E60D7", "header": "Appropriation", "nested": [], "links": [ { "text": "42 U.S.C. 1474(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1474" } ] }, { "text": "(b) Terms and conditions \n(1) Eligibility \nEligibility for grants from amounts made available by subsection (a)(1) shall not be subject to the limitations in section 3550.103(b) of title 7, Code of Federal Regulations. (2) Uses \nNotwithstanding the limitations in section 3550.102(a) of title 7, Code of Federal Regulations, grants from amounts made available by subsection (a)(2) shall be available for the eligible purposes in section 3550.102(b) of title 7, Code of Federal Regulations.", "id": "H0BE0560786264EC5B7B515DE4765BFB9", "header": "Terms and conditions", "nested": [], "links": [] }, { "text": "(c) Implementation \nThe Administrator of the Rural Housing Service 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.", "id": "H6CA9BC4E193C43348E2DD810BFE86BC3", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1474(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1474" } ] }, { "text": "401. Program administration, training, technical assistance, capacity building, and oversight \n(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated for fiscal year 2024, out of any money in the Treasury not otherwise appropriated,— (1) $949,250,000 to the Secretary of Housing and Urban Development for— (A) the costs to the Secretary of administering and overseeing the implementation of this title and the Department’s programs generally, including information technology, inspections of housing units, research and evaluation, financial reporting, and other costs; and (B) new awards or increasing prior awards to provide training, technical assistance, and capacity building related to the Department’s programs, including direct program support to program recipients throughout the country, including insular areas, that require such assistance with daily operations; (2) $43,250,000 to the Office of Inspector General of the Department of Housing and Urban Development for necessary salaries and expenses for conducting oversight of amounts provided by this title; (3) $5,000,000 to the Office of Inspector General of the Department of the Treasury for necessary salaries and expenses for conducting oversight of amounts provided by this title; and (4) $2,500,000 to the Office of Inspector General of the Department of the Agriculture for necessary salaries and expenses for conducting oversight of amounts provided by this title. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Implementation \nThe Secretary of Housing and Urban Development 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.", "id": "HDECC91E25CD246638D2AAE6D686FFAFB", "header": "Program administration, training, technical assistance, capacity building, and oversight", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise available, there is appropriated for fiscal year 2024, out of any money in the Treasury not otherwise appropriated,— (1) $949,250,000 to the Secretary of Housing and Urban Development for— (A) the costs to the Secretary of administering and overseeing the implementation of this title and the Department’s programs generally, including information technology, inspections of housing units, research and evaluation, financial reporting, and other costs; and (B) new awards or increasing prior awards to provide training, technical assistance, and capacity building related to the Department’s programs, including direct program support to program recipients throughout the country, including insular areas, that require such assistance with daily operations; (2) $43,250,000 to the Office of Inspector General of the Department of Housing and Urban Development for necessary salaries and expenses for conducting oversight of amounts provided by this title; (3) $5,000,000 to the Office of Inspector General of the Department of the Treasury for necessary salaries and expenses for conducting oversight of amounts provided by this title; and (4) $2,500,000 to the Office of Inspector General of the Department of the Agriculture for necessary salaries and expenses for conducting oversight of amounts provided by this title. Amounts appropriated by this section shall remain available until September 30, 2033.", "id": "H2E42855001074CFBA68D14924FF82C95", "header": "Appropriation", "nested": [], "links": [] }, { "text": "(b) Implementation \nThe Secretary of Housing and Urban Development 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.", "id": "H29E17DA0B1314F479C31DCF2025EA3AD", "header": "Implementation", "nested": [], "links": [] } ], "links": [] }, { "text": "402. Community-led capacity building \n(a) Appropriation \nIn addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $90,000,000 for competitively awarded funds for technical assistance and capacity building to non-Federal entities, including grants awarded to nonprofit organizations to provide technical assistance activities to community development corporations, community housing development organizations, community land trusts, nonprofit organizations in insular areas, and other mission-driven and nonprofit organizations that target services to low-income and socially disadvantaged populations, and provide services in neighborhoods having high concentrations of minority, low-income, or socially disadvantaged populations to— (A) provide training, education, support, and advice to enhance the technical and administrative capabilities of community development corporations, community housing development organizations, community land trusts, and other mission-driven and nonprofit organizations undertaking affordable housing development, acquisition, preservation, or rehabilitation activities; (B) provide predevelopment assistance to community development corporations, community housing development organizations, and other mission-driven and nonprofit organizations undertaking affordable housing development, acquisition, preservation, or rehabilitation activities; and (C) carry out such other activities as may be determined by the grantees in consultation with the Secretary; and (2) $10,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Department’s technical assistance programs generally, including information technology, research and evaluations, financial reporting, and other cross-program costs in support of programs administered by the Secretary in this title and other costs. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Implementation \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.", "id": "HAB74CB5206054FF5AE220D6B3E3CA64D", "header": "Community-led capacity building", "nested": [ { "text": "(a) Appropriation \nIn addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $90,000,000 for competitively awarded funds for technical assistance and capacity building to non-Federal entities, including grants awarded to nonprofit organizations to provide technical assistance activities to community development corporations, community housing development organizations, community land trusts, nonprofit organizations in insular areas, and other mission-driven and nonprofit organizations that target services to low-income and socially disadvantaged populations, and provide services in neighborhoods having high concentrations of minority, low-income, or socially disadvantaged populations to— (A) provide training, education, support, and advice to enhance the technical and administrative capabilities of community development corporations, community housing development organizations, community land trusts, and other mission-driven and nonprofit organizations undertaking affordable housing development, acquisition, preservation, or rehabilitation activities; (B) provide predevelopment assistance to community development corporations, community housing development organizations, and other mission-driven and nonprofit organizations undertaking affordable housing development, acquisition, preservation, or rehabilitation activities; and (C) carry out such other activities as may be determined by the grantees in consultation with the Secretary; and (2) $10,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Department’s technical assistance programs generally, including information technology, research and evaluations, financial reporting, and other cross-program costs in support of programs administered by the Secretary in this title and other costs. Amounts appropriated by this section shall remain available until September 30, 2033.", "id": "HE611F67C3CE3410C8511518B25C3AB45", "header": "Appropriation", "nested": [], "links": [] }, { "text": "(b) Implementation \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.", "id": "HA70B274E845B4D47B52A8BC1E5EE6FB9", "header": "Implementation", "nested": [], "links": [] } ], "links": [] } ]
27
1. Short title; table of contents (a) Short title This Act may be cited as the Housing Crisis Response Act of 2023. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Creating and Preserving Affordable, Equitable, and Accessible Housing for the 21st Century Sec. 101. Public housing investments. Sec. 102. Investments in affordable and accessible housing production. Sec. 103. Housing investment fund. Sec. 104. Section 811 supportive housing for people with disabilities. Sec. 105. Section 202 supportive housing for the elderly program. Sec. 106. Improving energy efficiency or water efficiency or climate resilience of affordable housing. Sec. 107. Revitalization of distressed multifamily properties. Sec. 108. Investments in rural rental housing. Sec. 109. Housing vouchers. Sec. 110. Project-based rental assistance. Sec. 111. Investments in Native American Communities. Sec. 112. Increased affordable housing program investment. Sec. 113. Promoting housing accessibility and visitability. Title II—21st Century Sustainable and Equitable Communities Sec. 201. Community development block grant funding for affordable housing and infrastructure. Sec. 202. Lead-based paint hazard control and housing-related health and safety hazard mitigation in housing of families with lower incomes. Sec. 203. Unlocking possibilities program. Sec. 204. Strengthening resilience under national flood insurance program. Sec. 205. Community Restoration and Revitalization Fund. Sec. 206. Fair housing activities and investigations. Sec. 207. Intergovernmental fair housing activities and investigations. Title III—Homeownership Investments Sec. 301. First-Generation Downpayment Assistance. Sec. 302. Home loan program. Sec. 303. HUD-insured small dollar mortgage demonstration program. Sec. 304. Investments in rural homeownership. Title IV—HUD Administration, Capacity Building, Technical Assistance, and Agency Oversight Sec. 401. Program administration, training, technical assistance, capacity building, and oversight. Sec. 402. Community-led capacity building. 101. Public housing investments (a) Appropriation In addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $10,000,000,000, to remain available until September 30, 2033, for the Capital Fund under section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ) pursuant to the same formula as in fiscal year 2021, to be made available within 60 days of the date of the enactment of this Act; (2) $53,000,000,000, to remain available until September 30, 2028, for eligible activities under section 9(d)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d)(1) ) for priority investments as determined by the Secretary to repair, replace, or construct properties assisted under such section 9; (3) $1,200,000,000, to remain available until September 30, 2028, for competitive grants under section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v ) (in this section referred to as section 24 ), under the terms and conditions in subsection (b), for transformation, rehabilitation, and replacement housing needs of public and assisted housing, and to transform neighborhoods of poverty into functioning, sustainable mixed-income neighborhoods; (4) $750,000,000, to remain available until September 30, 2033, for the costs to the Secretary of administering and overseeing the implementation of this section and the Public Housing Capital Fund and the section 24 grant program generally, including information technology, financial reporting, research and evaluation, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and (5) $50,000,000, to remain available until September 30, 2033, to make new awards or increase prior awards to existing technical assistance providers to provide an increase in capacity building and technical assistance available to entities eligible for funding for activities or projects consistent with this section. (b) Terms and conditions for section 24 grants Grants awarded under subsection (a)(3) shall be subject to terms and conditions determined by the Secretary, which shall include the following: (1) Use Grant funds may be used for resident and community services, community development and revitalization, and affordable housing needs in the community. (2) Applicants Eligible recipients of grants shall include lead applicants and joint applicants, as follows: (A) Lead applicants A lead applicant shall be a local government, a public housing agency, or an owner of an assisted housing property. (B) Joint applicants A nonprofit organization or a for-profit developer may apply jointly as a joint applicant with such public entities specified in subparagraph (A). A local government must be a joint applicant with an owner of an assisted housing property specified in subparagraph (A). (3) Period of affordability Grantees shall commit to a period of affordability determined by the Secretary of not fewer than 20 years, but the Secretary may specify a period of affordability that is fewer than 20 years with respect to homeownership units developed with section 24 grants. (4) Environmental review For purposes of environmental review, a grantee shall be treated as a public housing agency under section 26 of the United States Housing Act of 1937 ( 42 U.S.C. 1437x ). (5) Low-income and affordable housing Amounts made available under this section shall be used for low-income housing (as such term is defined under section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) )), HUD-assisted housing, and affordable housing, which shall be housing for which the owner of the project shall record an affordability use restriction approved by the Secretary for households earning up to 120 percent of the area median income and is subject to the period of affordability under paragraph (3) of this subsection. (c) Other terms and conditions Grants awarded under this section shall be subject to the following terms and conditions: (1) Limitation Amounts provided pursuant to this section may not be used for operating costs or rental assistance. (2) Development of new units Paragraph (3) of section 9(g) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(g)(3) ) shall not apply to new funds made available under this section. (3) Health and safety Amounts made available under this section shall be used to address health, safety, and environmental hazards, including lead, fire, carbon monoxide, mold, asbestos, radon, pest infestation, and other hazards as defined by the Secretary. (4) Energy efficiency and resilience Amounts made available under this section shall advance improvements to energy and water efficiency or climate and disaster resilience in housing assisted under this section. (5) Recapture If the Secretary recaptures funding allocated by formula from a public housing agency under subsection (a)(1), such recaptured amounts shall be added to the amounts available under subsection (a)(2), and shall be obligated by the Secretary prior to the expiration of such funds. (6) Supplementation of funds The Secretary shall ensure that amounts provided pursuant to this section shall serve to supplement and not supplant other amounts generated by a recipient of such amounts or amounts provided by other Federal, State, or local sources. (d) Implementation The Secretary shall have authority to issue such regulations or 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. 102. Investments in affordable and accessible housing production (a) Appropriation In addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $9,925,000,000, to remain available until September 30, 2028, for activities and assistance for the HOME Investment Partnerships Program (in this section referred to as the HOME program ), as authorized under sections 241 through 242, 244 through 253, 255 through 256, and 281 through 290 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12741–12742 , 42 U.S.C. 12744–12753 , 42 U.S.C. 12755–12756 , 42 U.S.C. 12831–12840 ) (in this section referred to as NAHA ), subject to the terms and conditions paragraph (1)(A) of subsection (b); (2) $14,925,000,000, to remain available until September 30, 2028, for activities and assistance for the HOME Investment Partnerships Program, as authorized under sections 241 through 242, 244 through 253, 255 through 256, and 281 through 290 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12741–12742 , 42 U.S.C. 12744–12753 , 42 U.S.C. 12755–12756 , 42 U.S.C. 12831–12840 ), subject to the terms and conditions in paragraphs (1)(B) and (2) of subsection (b); (3) $50,000,000, to remain available until September 30, 2033, to make new awards or increase prior awards to existing technical assistance providers to provide an increase in capacity building and technical assistance available to any grantees implementing activities or projects consistent with this section; and (4) $100,000,000, to remain available until September 30, 2033, for the costs to the Secretary of administering and overseeing the implementation of this section and the HOME and Housing Trust Fund programs generally, including information technology, financial reporting, research and evaluations, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs. (b) Terms and conditions (1) Formulas (A) The Secretary shall allocate amounts made available under subsection (a)(1) pursuant to section 217 of NAHA ( 42 U.S.C. 12747 ) to grantees that received allocations pursuant to that same formula in fiscal year 2023 and shall make such allocations within 60 days of the enactment of this Act. (B) The Secretary shall allocate amounts made available under subsection (a)(2) pursuant to the formula specified in section 1338(c)(3) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(c)(3) ) to grantees that received Housing Trust Fund allocations pursuant to that same formula in fiscal year 2023 and shall make such allocations within 60 days of the date of the enactment of this Act. (2) Eligible activities Other than as provided in paragraph (5) of this subsection, funds made available under subsection (a)(2) may only be used for eligible activities described in subparagraphs (A) through (B)(i) of section 1338(c)(7) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(c)(7) ), except that not more than 10 percent of funds made available may be used for activities under such subparagraph (B)(i). (3) Funding restrictions The commitment requirements in section 218(g) ( 42 U.S.C. 12748(g) ) of NAHA, the matching requirements in section 220 ( 42 U.S.C. 12750 ) of NAHA, and the set-aside for housing developed, sponsored, or owned by community housing development organizations required in section 231 of NAHA ( 42 U.S.C. 12771 ) shall not apply for amounts made available under this section. (4) Reallocation For funds provided under paragraphs (1) and (2) of subsection (a), the Secretary may recapture certain amounts remaining available to a grantee under this section or amounts declined by a grantee, and reallocate such amounts to other grantees under that paragraph to ensure fund expenditure, geographic diversity, and availability of funding to communities within the State from which the funds have been recaptured. (5) Administration Notwithstanding subsections (c) and (d)(1) of section 212 of NAHA ( 42 U.S.C. 12742 ), grantees may use not more than 15 percent of their allocations under this section for administrative and planning costs. (c) Implementation 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. 103. Housing investment fund (a) Appropriation In addition to amounts otherwise available, there is appropriated for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2028— (1) $740,000,000 to the Department of the Treasury to establish the Housing Investment Fund established by this section within the Community Development Financial Institutions Fund (in this section referred to as the CDFI Fund ) to make grants to increase investment in the development, preservation, rehabilitation, financing, or purchase of affordable housing primarily for low-, very-low, and extremely low-income families who are renters, and for homeowners with incomes up to 120 percent of the area median income, and for economic development and community facilities related to such housing and to further fair housing; and (2) $10,000,000 for the costs to the CDFI Fund of administering and overseeing the implementation of this section, including information technology, financial reporting, research and evaluations, and other costs. (b) Eligible grantees A grant under this section may be made, pursuant to such requirements as the CDFI Fund shall establish, only to— (1) a CDFI Fund certified community development financial institution, as such term is defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ); (2) a nonprofit organization having as one of its principal purposes the creation, development, or preservation of affordable housing, including a subsidiary of a public housing authority; or (3) a consortium comprised of certified community development financial institutions, eligible nonprofit housing organizations, or a combination of both. (c) Eligible uses Eligible uses for grant amounts awarded from the Housing Investment Fund pursuant to this section shall— (1) be reasonably expected to result in eligible affordable housing activities that support or sustain affordable housing funded by a grant under this section and capital from other public and private sources; and (2) include activities— (A) to provide loan loss reserves; (B) to capitalize an acquisition fund to acquire residential, industrial, or commercial property and land for the purpose of the preservation, development, or rehabilitation of affordable housing, including to support the creation, preservation, or rehabilitation of resident-owned manufactured housing communities; (C) to capitalize an affordable housing fund, for development, preservation, rehabilitation, or financing of affordable housing and economic development activities, including community facilities, if part of a mixed-use project, or activities described in this paragraph related to transit-oriented development, which may also be designated as a focus of such a fund; (D) to capitalize an affordable housing mortgage fund, to facilitate the origination of mortgages to buyers that may experience significant barriers to accessing affordable mortgage credit, including mortgages having low original principal obligations; (E) for risk-sharing loans; (F) to provide loan guarantees; and (G) to fund rental housing operations. (d) Implementation The CDFI Fund shall have the authority to issue such regulations, notice, 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. 104. Section 811 supportive housing for people with disabilities (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $450,000,000 for capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811(b)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(b)(2) ) (in this section referred to as the Act ), and subject to subsections (a) through (h)(4), (h)(6) through (i)(1)(C), and (i)(2) through (m) of such section 811 ( 42 U.S.C. 8013(a) – 42 U.S.C. 8013(h)(4) , 42 U.S.C. 8013(h)(6) – 42 U.S.C. 8013(i)(1)(C) , 42 U.S.C. 8013(i)(2) – 42 U.S.C. 8013(m) ), and for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of the Act and for project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 ( Public Law 86–372 ; 73 Stat. 667), for project rental assistance to State housing finance agencies and other appropriate entities as authorized under section 811(b)(3) of the Act, for State housing finance agencies; (2) $7,500,000 for providing technical assistance to support State-level efforts to integrate housing assistance and voluntary supportive services for residents of housing receiving such assistance, which funding may also be used to provide technical assistance to applicants and potential applicants to understand program requirements and develop effective applications, and the Secretary may use amounts made available under this paragraph to increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance; and (3) $42,500,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Supportive Housing for Persons with Disabilities program generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Limitations on costs When awarding grants under paragraph (1) of subsection (a), the Secretary shall establish and assess reasonable development cost limitations by market area for various types and sizes of supportive housing for persons with disabilities. The Secretary shall not count owner or sponsor contributions of other funding or assistance against the overall cost of a project. (c) Occupancy standards The owner or sponsor of housing assisted with funds provided under this section may, with the approval of the Secretary, limit occupancy with the housing to persons with disabilities who can benefit from the supportive services offered in connection with the housing. (d) Implementation 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. 105. Section 202 supportive housing for the elderly program (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $450,000,000 for the Supportive Housing for the Elderly Program authorized under section 202 of the Housing Act of 1959, and subject to subsections (a) through (g), (h)(2) through (h)(5), and (i) through (m) of such section 202 ( 12 U.S.C. 1701q(a) –12 U.S.C. 1701q(g), 12 U.S.C. 1701q(h)(2) –12 U.S.C. 1701q(h)(5), 12 U.S.C. 1701q(i) –12 U.S.C. 1701q(m)) (in this section referred to as the Act ), which shall be used— (A) for capital advance awards in accordance with section 202(c)(1) of the Act to recipients that are eligible under the Act; (B) for new section 8 project-based rental assistance contracts under section 8(b) of the United States Housing Act of 1937 Act ( 42 U.S.C. 1437f(b) ), subject to subsection (c) of this section, with the Secretary setting the terms of such project-based rental assistance contracts, including the duration and provisions regarding rent setting and rent adjustment, to support the capital advance projects funded under this section; and (C) for service coordinators; (2) $7,500,000, to provide technical assistance to support State-level efforts to improve the design and delivery of voluntary supportive services for residents of any housing assisted under the Act and other housing supporting low-income older adults, in order to support residents to age-in-place and avoid institutional care, as well as to assist applicants and potential applicants with project-specific design, and the Secretary may use amounts made available under this paragraph to increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance; and (3) $42,500,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Supportive Housing for the Elderly program generally, including information technology, financial reporting, research and evaluation, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Limitation on costs When awarding grants under paragraph (1) of subsection (a), the Secretary shall establish and assess reasonable development cost limitations by market area for various types and sizes of supportive housing for the elderly. The Secretary shall not count owner or sponsor contributions of other funding or assistance against the overall cost of a project. (c) Implementation 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. 106. Improving energy efficiency or water efficiency or climate resilience of affordable housing (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,770,000,000, to remain available until September 30, 2030, for the cost of providing direct loans, including the costs of modifying such loans, and for grants, as provided for and subject to terms and conditions in subsection (b), including to subsidize gross obligations for the principal amount of direct loans, not to exceed $4,000,000,000, to fund projects that improve the energy or water efficiency, indoor air quality and sustainability improvements, implement low-emission technologies, materials, or processes, including zero-emission electricity generation, energy storage, or building electrification, electric car charging station installations, or address climate resilience of multifamily properties; (2) $25,000,000, to remain available until September 30, 2032, for the costs to the Secretary of administering and overseeing the implementation of this section, including information technology, financial reporting, research and evaluation, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; (3) $120,000,000, to remain available until September 30, 2031, for expenses of contracts administered by the Secretary, including to carry out property climate risk, energy, or water assessments, due diligence, and underwriting functions for such grant and direct loan program; and (4) $85,000,000, to remain available until September 30, 2030, for energy and water benchmarking of properties eligible to receive grants or loans under this section, regardless of whether they actually received such grants, along with associated data analysis and evaluation at the property and portfolio level, including the development of information technology systems necessary for the collection, evaluation, and analysis of such data. (b) Loan and grant terms and conditions Amounts made available under this section shall be for direct loans, grants, and direct loans that can be converted to grants to eligible recipients that agree to an extended period of affordability for the property. (c) Definitions As used in this section— (1) the term eligible recipient means any owner or sponsor of an eligible property; and (2) the term eligible property means a property receiving project-based assistance pursuant to— (A) section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ); (B) section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); or (C) section 8(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(b) ). (d) Implementation 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. 107. Revitalization of distressed multifamily properties (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,550,000,000 for providing direct loans, which may be forgivable, to owners of distressed properties for the purpose of making necessary physical improvements, including to subsidize gross obligations for the principal amount of direct loans not to exceed $6,000,000,000, subject to the terms and conditions in subsection (b); and (2) $50,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Office of Housing programs generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2031. (b) Loan terms and conditions (1) Eligibility Owners or sponsors of multifamily housing projects who meet each of the following requirements shall be eligible for loan assistance under this section: (A) The multifamily housing project, including any project from which assistance has been approved to be transferred has deficiencies that cause the project to be at risk of physical obsolescence or economic non-viability. (B) The actual rents received by the owner or sponsor of the distressed property would not adequately sustain the debt needed to make necessary physical improvements. (C) The owner or sponsor meets any such additional eligibility criteria as the Secretary determines to be appropriate, considering factors that contributed to the project’s deficiencies. (2) Use of loan funds Each recipient of loan assistance under this section may only use such loan assistance to make necessary physical improvements. (3) Loan availability The Secretary shall only provide loan assistance to an owner or sponsor of a multifamily housing project when such assistance, considered with other financial resources available to the owner or sponsor, is needed to make the necessary physical improvements. (4) Interest rates and length Loans provided under this section shall bear interest at 1 percent, and at origination shall have a repayment period coterminous with the affordability period established under paragraph (6), with the frequency and amount of repayments to be determined by requirements established by the Secretary. (5) Loan modifications or forgiveness With respect to loans provided under this section, the Secretary may take any of the following actions if the Secretary determines that doing so will preserve affordability of the project: (A) Waive any due on sale or due on refinancing restriction. (B) Consent to the terms of new debt to which the loans may be subordinate, even if such new debt would impact the repayment of the loans. (C) Extend the term of the loan. (D) Forgive the loan in whole or in part. (6) Extended affordability period Each recipient of loan assistance under this section shall agree to an extended affordability period for the project that is subject to the loan by extending any existing affordable housing use agreements for an additional 30 years or, if the project is not currently subject to a use agreement establishing affordability requirements, by establishing a use agreement for 30 years. (7) Matching contribution Each recipient of loan assistance under this section shall secure at least 20 percent of the total cost needed to make the necessary physical improvements from non-Federal sources, except in cases where the Secretary determines that a lack of financial resources qualifies a loan recipient for— (A) a reduced contribution below 20 percent; or (B) an exemption to the matching contribution requirement. (8) Additional loan conditions The Secretary may establish additional conditions for loan eligibility provided under this section as the Secretary determines to be appropriate. (9) Properties insured by the Secretary In the case of any property with respect to which assistance is provided under this section that has a mortgage insured by the Secretary, the Secretary may use funds available under this section as necessary to pay for the costs of modifying such loan. (c) Definitions As used in this section— (1) the term multifamily housing project means a project consisting of five or more dwelling units assisted or approved to receive a transfer of assistance, insured, or with a loan held by the Secretary or a State or State agency in part or in whole pursuant to— (A) section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), not including subsection (o)(13) of such section; (B) section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ), as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act; (C) section 202 of the Housing Act of 1959 (former 12 U.S.C. 1701q ), as such section existed before the enactment of the Cranston-Gonzalez National Affordable Housing Act; (D) section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); or (E) section 236 of the National Housing Act ( 12 U.S.C. 1715z–1 ); and (2) the term necessary physical improvements means new construction or capital improvements to an existing multifamily housing project that the Secretary determines are necessary to address the deficiencies or that rise to such a level that delaying physical improvements to the project would be detrimental to the longevity of the project as suitable housing for occupancy. (d) Implementation The Secretary shall have the 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. 108. Investments in rural rental housing (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Rural Housing Service of the Department of Agriculture for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,800,000,000, to remain available until September 30, 2031, for the Administrator of the Rural Housing Service for making loans and grants for new construction, improvements to energy and water efficiency or climate resilience, the removal of health and safety hazards, and the preservation and revitalization of housing for other purposes described under section 514 of the Housing Act of 1949 ( 42 U.S.C. 1484 ), subsections (a)(1) through (a)(2), (b)(1) through (b)(3), (b)(5) through (aa)(2)(A), and (aa)(4) of section 515 of such Act ( 42 U.S.C. 1485(a)(1) –42 U.S.C. 1485(a)(2), 42 U.S.C. 1485(b)(1) –(b)(3), 42 U.S.C. 1485(b)(5) – 42 U.S.C. 1485(aa)(2)(A) , 42 U.S.C. 1485(aa)(4) ), and 516 of such act ( 42 U.S.C. 1486 ), subject to the terms and conditions in subsection (b); (2) $100,000,000, to remain available until September 30, 2031, to provide continued assistance pursuant to section 3203 of the American Rescue Plan Act of 2021; and (3) $100,000,000, to remain available until September 30, 2032, for the costs to the Rural Housing Service of the Department of Agriculture of administering and overseeing the implementation of this section, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. (b) Preservation and revitalization terms and conditions (1) Loans and grants and other assistance The Administrator of the Rural Housing Service of the Department of Agriculture shall provide direct loans and grants, including the cost of modifying loans, to restructure existing Department of Agriculture multi-family housing loans expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers, including— (A) reducing or eliminating interest; (B) deferring loan payments; (C) subordinating, reducing, or re-amortizing loan debt; and (D) providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary, including such assistance to non-profit entities and public housing authorities. (2) Restrictive use agreement The Administrator of the Rural Housing Service of the Department of Agriculture shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring. (c) Implementation The Administrator of the Rural Housing Service of the Department of Agriculture 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. 109. Housing vouchers (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $15,000,000,000, to remain available until September 30, 2031, for— (A) incremental tenant-based rental assistance for extremely low-income families under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ); (B) renewals of such tenant-based rental assistance; and (C) fees for the costs of administering tenant-based rental assistance and other expenses related to the utilization of voucher assistance under subparagraph (A), which may include the cost of facilitating the use of voucher assistance provided under paragraph (5); (2) $7,100,000,000, to remain available until September 30, 2031, for— (A) incremental tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) for households experiencing or at risk of homelessness, survivors of domestic violence, dating violence, sexual assault, and stalking, and survivors of trafficking; (B) renewals of such tenant-based rental assistance; and (C) fees for the costs of administering tenant-based rental assistance and other expenses related to the utilization of voucher assistance under subparagraph (A), which may include the cost of facilitating the use of voucher assistance provided under paragraph (5); (3) $1,000,000,000, to remain available until September 30, 2033, for— (A) tenant protection vouchers for relocation and replacement of public housing units demolished or disposed as part of a public housing preservation or project-based replacement transaction using funds made available under this title; (B) renewals of such tenant-based rental assistance; and (C) fees for the costs of administering tenant-based rental assistance and other expenses related to the utilization of voucher assistance under subparagraph (A), which may include the cost of facilitating the use of voucher assistance provided under paragraph (5); (4) $300,000,000, to remain available until September 30, 2033, for competitive grants, subject to terms and conditions determined by the Secretary, to public housing agencies for mobility-related services for voucher families, including families with children, and service coordination; (5) $230,000,000, to remain available until September 30, 2033, for eligible expenses to facilitate the use of voucher assistance under this section and for other voucher assistance under section 8(o) of the United States Housing Act of 1937, as determined by the Secretary, in addition to amounts otherwise available for such expenses, including property owner outreach and retention activities such as incentive payments, security deposit payments and loss reserves, landlord liaisons, and other uses of funds designed primarily— (A) to recruit owners of dwelling units, particularly dwelling units in census tracts with a poverty rate of less than 20 percent, to enter into housing assistance payment contracts; and (B) to encourage owners that enter into housing assistance payment contracts as described in subparagraph (A) to continue to lease their dwelling units to tenants assisted under section 8(o) of the United States Housing Act of 1937; (6) $300,000,000, to remain available until September 30, 2033, for the costs to the Secretary of administering and overseeing the implementation of this section and the Housing Choice Voucher program generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and (7) $70,000,000, to remain available until September 30, 2033, for making new awards or increasing prior awards to existing technical assistance providers to provide an increase in capacity building and technical assistance available to public housing agencies. (b) Terms and conditions (1) Allocation The Secretary shall allocate initial incremental assistance provided for rental assistance under subsection (a)(1) and (2) in each fiscal year commencing in 2024 and ending in 2028 in accordance with a formula or formulas that include measures of severe housing need among extremely low-income renters and public housing agency capacity, and ensures geographic diversity among public housing agencies administering the Housing Choice Voucher program. (2) Election to administer The Secretary shall establish a procedure for public housing agencies to accept or decline the incremental vouchers made available under this section. (3) Failure to use vouchers promptly If a public housing agency fails to lease the authorized vouchers it has received under this subsection on behalf of eligible families within a reasonable period of time, the Secretary may offset the agency’s voucher renewal allocations and may revoke and redistribute any unleased vouchers and associated funds, which may include administrative fees and amounts allocated under subsections (a)(3) and (a)(4), to other public housing agencies. (4) Limitation of use of funds Public housing agencies may use funds received under this section only for the activities listed in subsection (a) for which the funds were provided to such agency. (5) Cap on project-based vouchers for vulnerable populations Upon request by a public housing agency, the Secretary may designate a number of the public housing agency’s vouchers allocated under this section as excepted units that do not count against the percentage limitation on the number of authorized units a public housing agency may project-base under section 8(o)(13)(B) of the United States Housing Act of 1937, in accordance with the conditions established by the Secretary. This paragraph may not be construed to waive, limit, or specify alternative requirements, or permit such waivers, limitations, or alternative requirements, related to fair housing and nondiscrimination, including the requirement to provide housing and services to individuals with disabilities in integrated settings. (6) Homeless waiver authority In administering the voucher assistance targeted for households experiencing or at risk of homelessness, survivors of domestic violence, dating violence, sexual assault, and stalking, and survivors of trafficking under subsection (a)(2), the Secretary may, upon a finding that a waiver or alternative requirement is necessary to facilitate the use of such assistance, waive or specify alternative requirements for— (A) section 8(o)(6)(A) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(6)(A) ) and regulatory provisions related to the administration of waiting lists and local preferences; (B) section 214(d)(2) of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a(d)(2) ), section 576(a), (b), and (c) of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661(a) , (b), and (c)), and regulatory provisions related to the verification of eligibility, eligibility requirements, and the admissions process; (C) section 8(o)((7)(A) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(7)(A) ) and regulatory provisions related to the initial lease term; (D) section 8(r)(B)(i) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(r)(B)(i) ) and regulatory provisions related to portability moves by non-resident applicants; and (E) regulatory provisions related to the establishment of payment standards. (c) Implementation 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. 110. Project-based rental assistance (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $880,000,000 for the project-based rental assistance program, as authorized under section 8(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(b) ), (in this section referred to as the “Act”), subject to the terms and conditions of subsection (b) of this section; (2) $20,000,000 for providing technical assistance to recipients of or applicants for project-based rental assistance or to States allocating the project-based rental assistance; and (3) $100,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the section 8 project-based rental assistance program generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Terms and conditions (1) Authority Notwithstanding section 8(a) the Act ( 42 U.S.C. 1437f(a) ), the Secretary may use amounts made available under this section to provide assistance payments with respect to newly constructed housing, existing housing, or substantially rehabilitated non-housing structures for use as new multifamily housing in accordance with this section and the provisions of section 8 of the Act. In addition, the Secretary may use amounts made available under this section for performance-based contract administrators for section 8 project-based assistance, for carrying out this section and section 8 of the Act. (2) Project-based rental assistance The Secretary may make assistance payments using amounts made available under this section pursuant to contracts with owners or prospective owners who agree to construct housing, to substantially rehabilitate existing housing, to substantially rehabilitate non-housing structures for use as new multifamily housing, or to attach the assistance to newly constructed housing in which some or all of the units shall be available for occupancy by very low-income families in accordance with the provisions of section 8 of the Act. In awarding contracts pursuant to this section, the Secretary shall give priority to owners or prospective owners of multifamily housing projects located or to be located in areas of high opportunity, as defined by the Secretary, in areas experiencing economic growth or rising housing prices to prevent displacement or secure affordable housing for low-income households, or that serve people at risk of homelessness or that integrate additional units that are accessible for persons with mobility impairments and persons with hearing or visual impairments beyond those required by applicable Federal accessibility standards. (3) Allocation The Secretary shall make awards with amounts made available under this section using the following mechanisms, alone or in combination: (A) A competitive process, which the Secretary may carry out in multiple rounds of competition, each of which may have its own selection, performance, and reporting criteria as established by the Secretary. (B) Selecting proposals submitted through FHA loan applications that meet specified criteria. (C) Delegating to States the awarding of contracts, including related determinations such as the maximum monthly rent, subject to the requirements of section 8 of the Act, as determined by the Secretary. (4) Contract term, rent setting, and rent adjustments The Secretary may set the terms of the contract, including the duration and provisions regarding rent setting and rent adjustments. (c) Implementation The Secretary shall have the 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. 111. Investments in Native American Communities (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $277,500,000 for formula grants for eligible affordable housing activities described in section 202 of the Native American Housing Assistance and Self-Determination Act of 1996 (in this section referred to as NAHASDA ) ( 25 U.S.C. 4132 ), which shall be distributed according to the most recent fiscal year funding formula for the Indian Housing Block Grant; (2) $200,000,000 for— (A) affordable housing activities authorized under section 810(a) of NAHASDA ( 25 U.S.C. 4229 ); (B) community-wide infrastructure and infrastructure improvement projects carried out on Hawaiian Home Lands pursuant to section 810(b)(5) of NAHASDA ( 25 U.S.C. 4229(b)(5) ); and (C) rental assistance to Native Hawaiians (as defined in section 801 of NAHASDA ( 25 U.S.C. 4221 )) on and off Hawaiian Home Lands; (3) $277,500,000 for competitive grants for eligible affordable housing activities described in section 202 of NAHASDA ( 25 U.S.C. 4132 ); (4) $200,000,000 for— (A) competitive single-purpose Indian community development block grants for Indian tribes; and (B) imminent threat Indian community development block grants, including for long-term environmental threats and relocation, for Indian tribes, or a tribal organization, governmental entity, or nonprofit organization designated by the Indian tribe to apply for a grant on its behalf; (5) $25,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and Indian and Native Hawaiian programs administered by the Secretary, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and (6) $20,000,000 to make new awards or increase prior awards to technical assistance providers to provide an immediate increase in capacity building and technical assistance to grantees. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Reallocation Amounts made available under subsection (a)(1) that are not accepted within a time specified by the Secretary, are voluntarily returned, or are otherwise recaptured for any reason shall be used to fund grants under paragraph (3) or (4) of subsection (a). (c) Undisbursed funds Amounts provided under this Act that remain undisbursed may not be used as a basis to reduce any grant allocation under section 302 of NAHASDA ( 25 U.S.C. 4152 ) to an Indian tribe in any fiscal year. (d) Prohibition on investments Amounts made available under this section may not be invested in investment securities and other obligations. (e) Implementation 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. 112. Increased affordable housing program investment Notwithstanding subsection (j)(5)(C) of section 10 of the Federal Home Loan Bank Act ( 12 U.S.C. 1430 ), in 2024 and every year thereafter until 2029, each Federal Home Loan Bank shall annually contribute 15 percent of the preceding year’s net income of the Federal Home Bank, or such prorated sums as may be required to assure that the aggregate contribution of the Federal Home Loan Banks shall not be less than $100,000,000 for each such year, to support grants or subsidized advances through the Affordable Housing Programs established and carried out under subparagraphs (j)(1), (2), (3)(A), (3)(C), and (4) through (13) of section 10 of such Act. 113. Promoting housing accessibility and visitability (a) Accessibility requirement The Secretary of Housing and Urban Development shall issue a rule amending sections 8.22 and 8.23 of title 24, Code of Federal Regulations to require that— (1) not less than 10 percent of total dwelling units or one dwelling unit, whichever is greater, in each multifamily housing project shall be accessible for persons with mobility impairments; and (2) in addition to the units meeting the requirements of paragraph (1), not less than 5 percent of total dwelling units or one dwelling unit, whichever is greater, in each multifamily housing project shall be shall be accessible for persons with hearing or vision impairments. (b) Visitability requirement (1) Requirement It shall be unlawful for any person or entity, with respect to a covered dwelling unit designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by the person or entity, to fail to ensure that the dwelling unit contains not less than 1 level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (commonly known as ANSI) Standards for Accessible and Usable Buildings and Facilities (section 1005 of ICC ANSI A117.1–2009) or any successor standard. (2) Definitions As used in this subsection: (A) Covered dwelling unit The term covered dwelling unit means a dwelling unit that— (i) is— (I) a detached single-family house; (II) a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures); or (III) a ground-floor unit in a building of not more than 3 dwelling units; (ii) is designed as, or intended for occupancy as, a residence; (iii) was designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by any person or entity that, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity relating to the design, construction, or commissioning, contracting, or other arrangement for construction, of the dwelling unit; and (iv) is made available for first occupancy on or after the date that is 1 year after the date of enactment of this Act. (B) Federal financial assistance The term Federal financial assistance means— (i) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or under any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, contract, or any other arrangement, on or after the date that is 1 year after the date of enactment of this Act, including— (I) a grant, a subsidy, or any other funds; (II) service provided by a Federal employee; (III) real or personal property or any interest in or use of such property, including— (aa) a transfer or lease of the property for less than the fair market value or for reduced consideration; and (bb) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (IV) any— (aa) tax credit; or (bb) mortgage or loan guarantee or insurance; and (V) community development funds in the form of an obligation guaranteed under section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 ); and (ii) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ). 201. Community development block grant funding for affordable housing and infrastructure (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,735,000,000 for grants in accordance with sections 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321) to grantees under subsections (a)(2) and (4) and (d) of section 106 of such Act ( 42 U.S.C. 5306(a)(2) , (a)(4), and (d)), subject to subsection (b) of this section, except that for purposes of amounts made available by this paragraph, paragraph (2) of such section 106(a) shall be applied by substituting $70,000,000 for $7,000,000 ; (2) $700,000,000 for grants in accordance with sections 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321) to community development block grant grantees, as determined by the Secretary, under subsections (a)(4) and (b) through (f) of section 106 of such Act (5306(a)(4) and 5306(b)–(f)), only for colonias, to address the community and housing infrastructure needs of existing colonia residents based on a formula that takes into account persons in poverty in the colonia areas, except that grantees may use funds in colonias outside of the 150-mile border area upon approval of the Secretary; (3) $500,000,000 for grants in accordance with sections 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321), to eligible recipients under subsection (c) of this section for manufactured housing infrastructure improvements in eligible manufactured home communities; (4) $87,500,000 for the costs to the Secretary of administering and overseeing the implementation of this section, the Community Development Block Grant program, and the manufactured home construction and safety standards program generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and (5) $27,500,000 for providing technical assistance to recipients of or applicants for grants under this section. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Housing construction Expenditures on new construction of housing shall be an eligible expense for a recipient of funds made available under this section that is not a recipient of funds under section 40002 of this title. (c) Manufactured housing community improvement grant program (1) Establishment The Secretary of Housing and Urban Development shall carry out a competitive grant program to award funds appropriated under subsection (a)(3) to eligible recipients to carry out eligible projects for improvements in eligible manufactured home communities. (2) Eligible projects Amounts from grants under this subsection 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 housing community that is necessary to protect the health and safety of the residents of the manufactured housing community and the long-term sustainability of the community. (d) Definitions For purposes of this section, the following definitions shall apply: (1) Colonia area The term colonia area means any census tract that— (A) is an area of the United States within 150 miles of the contiguous border between the United States and Mexico, except as otherwise determined by the Secretary; and (B) lacks potable water supply, adequate sewage systems, or decent, safe, sanitary housing, or other objective criteria as approved by the Secretary. (2) Eligible manufactured home community The term eligible manufactured home community means a community that— (A) is affordable to low- and moderate-income persons (as such term is defined in section 102(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302(a) )); and (B) (i) is owned by the residents of the manufactured housing community through a resident-controlled entity, as defined by the Secretary, in which at least two-thirds of residents are member-owners of the land-owning entity; or (ii) will be maintained as such a community, and remain affordable for low- and moderate-income families, to the maximum extent practicable and for the longest period feasible. (3) Eligible recipient The term eligible recipient means a partnership of— (A) a grantee under paragraph (2) or (4) of section 106(a) or section 106(d) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(a)(2) , (a)(4), and (d)); and (B) an eligible manufactured home community, a nonprofit entity, or a consortia of nonprofit entities working with an eligible manufactured home community. (4) 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. (e) Implementation 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. 202. Lead-based paint hazard control and housing-related health and safety hazard mitigation in housing of families with lower incomes (a) Appropriation In addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $3,425,000,000 for grants to States, units of general local government, Indian tribes or their tribally designated housing entities, and nonprofit organizations for the activities under subsection (c) in target housing units that do not receive Federal housing assistance other than assistance provided under subsection 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), excluding paragraph (o)(13) of such section, and common areas servicing such units, where low-income families reside or are expected to reside; (2) $250,000,000 for grants to States or units of general local government or nonprofit entities for the activities in subsection (c) in target housing units, and common areas servicing such units, that are being assisted under the Weatherization Assistance Program authorized under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861–6872 ) but are not assisted under any other Federal housing program other than subsection 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), excluding paragraph 8(o)(13) of such section; (3) $1,000,000,000 for grants to owners of a property receiving project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), including under subsection (o)(13) of such section, that meets the definition of target housing and that has not received a grant for similar purposes under this Act, for the activities in subsection (c), except for abatement of lead-based paint by enclosure or encapsulation, or interim controls of lead-based paint hazards in target housing units receiving such assistance and common areas servicing such units; (4) $75,000,000 for costs related to training and technical assistance to support identification and mitigation of lead and housing-related health and safety hazards, research, and evaluation; and (5) $250,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section, and the Secretary’s lead hazard reduction and related programs generally including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Terms and conditions (1) Income eligibility determinations The Secretary may make income determinations of eligibility for enrollment of housing units for assistance under this section that are consistent with eligibility requirements for grants awarded under other Federal means-tested programs, provided such determination does not require additional action by other Federal agencies. (2) Housing families with young children An owner of rental property that receives assistance under subsection (a)(3) shall give priority in renting units for which the lead-based paint has been abated pursuant to subsection (a)(3), for not less than 3 years following the completion of lead abatement activities, to families with a child under the age of 6 years. (3) Administrative expenses A recipient of a grant under this section may use up to 10 percent of the grant for administrative expenses associated with the activities funded by this section. (c) Eligible activities Grants awarded under this section shall be used for purposes of building capacity and conducting activities relating to testing, evaluating, and mitigating lead-based paint, lead-based paint hazards, and housing-related health and safety hazards; outreach, education, and engagement with community stakeholders, including stakeholders in disadvantaged communities; program evaluation and research; grant administration, and other activities that directly or indirectly support the work under this section, as applicable, that without which such activities could not be conducted. (d) Definitions For purposes of this section, the following definitions, and definitions in paragraphs (1), (2), (3), (5), (6), (7), (10) through (17), and (20) through (27) of section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851b(1) –(3), 42 U.S.C. 4851b(5) –(7), 42 U.S.C. 4851b(10) –(17), 42 U.S.C. 4851b(20) –(27), shall apply: (1) Nonprofit; nonprofit organization The terms nonprofit and nonprofit organization mean a corporation, community chest, fund, or foundation not organized for profit, but organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes; or an organization not organized for profit but operated exclusively for the promotion of social welfare. (2) Public housing; public housing agency; low-income family The terms public housing , public housing agency , and low-income family have the same meaning given such terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (3) State; unit of general local government The terms State and unit of general local government have the same meaning given such terms in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ). (e) Grant compliance For any grant of assistance under this section, a State or unit of general local government may assume responsibilities for elements of grant compliance, regardless of whether it is the grant recipient, if the State or unit of general local government is permitted to assume responsibility for the applicable element of grant compliance for grants for which it is the recipient under section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4852 ). (f) Implementation The Secretary shall have the 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. 203. Unlocking possibilities program (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $1,646,000,000 for awarding grants under section 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321) awarded on a competitive basis to eligible recipients to carry out grants under subsection (c) of this section; (2) $8,000,000 for research and evaluation related to housing planning and other associated costs; (3) $30,000,000 to provide technical assistance to grantees or applicants for grants made available by this section; and (4) $66,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and community and economic development programs overseen by the Secretary generally, including information technology, financial reporting, research and evaluations, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Program establishment The Secretary of Housing and Urban Development shall establish a competitive grant program for— (1) planning grants to develop and evaluate housing plans and substantially improve housing strategies; (2) streamlining regulatory requirements and shorten processes, reform zoning codes, increasing capacity to conduct housing inspections, or other initiatives that reduce barriers to housing supply elasticity and affordability; (3) developing and evaluating local or regional plans for community development to substantially improve community development strategies related to sustainability, fair housing, and location efficiency; (4) implementation and livable community investment grants; and (5) research and evaluation. (c) Grants (1) Planning grants The Secretary shall, under selection criteria determined by the Secretary, award grants under this paragraph on a competitive basis to eligible entities to assist planning activities, including administration of such activities, engagement with community stakeholders and housing practitioners, to— (A) develop housing plans; (B) substantially improve State or local housing strategies; (C) develop new regulatory requirements and processes, reform zoning codes, increasing capacity to conduct housing inspections, or undertake other initiatives to reduce barriers to housing supply elasticity and affordability; (D) develop local or regional plans for community development; and (E) substantially improve community development strategies, including strategies to increase availability and access to affordable housing, to further access to public transportation or to advance other sustainable or location-efficient community development goals. (2) Implementation and livable community investment grants The Secretary shall award implementation grants under this paragraph on a competitive basis to eligible entities for the purpose of implementing and administering— (A) completed housing strategies and housing plans and any planning to affirmatively further fair housing within the meaning of subsections (d) and (e) of section 808 of the Fair Housing Act ( 42 U.S.C. 608 ) and applicable regulations and for community investments that support the goals identified in such housing strategies or housing plans; (B) new regulatory requirements and processes, reformed zoning codes, increased capacity to conduct housing inspections, or other initiatives to reduce barriers to housing supply elasticity and affordability that are consistent with a plan under subparagraph (A); (C) completed local or regional plans for community development and any planning to increase availability and access to affordable housing, access to public transportation and other sustainable or location-efficient community development goals. (d) Coordination with FTA Administrator To the extent practicable, the Secretary shall coordinate with the Federal Transit Administrator in carrying out this section. (e) Definitions For purposes of this section, the following definitions apply: (1) Eligible entity The term eligible entity means— (A) a State, insular area, metropolitan city, or urban county, as such terms are defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ); or (B) for purposes of grants under subsection (b)(1), a regional planning agency or consortia. (2) Housing plan; housing strategy (A) Housing plan The term housing plan means a plan of an eligible entity to, with respect to the area within the jurisdiction of the eligible entity— (i) match the creation of housing supply to existing demand and projected demand growth in the area, with attention to preventing displacement of residents, reducing the concentration of poverty, and meaningfully reducing and not perpetuating housing segregation on the basis of race, color, religion, natural origin, sex, disability, or familial status; (ii) increase the affordability of housing in the area, increase the accessibility of housing in the area for people with disabilities, including location-efficient housing, and preserve or improve the quality of housing in the area; (iii) reduce barriers to housing development in the area, with consideration for location efficiency, affordability, and accessibility; and (iv) coordinate with the metropolitan transportation plan of the area under the jurisdiction of the eligible entity, or other regional plan. (B) Housing strategy The term housing strategy means the housing strategy required under section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 ). (f) Costs to grantees Up to 15 percent of a recipient’s grant may be used for administrative costs. (g) Rules of construction (1) In general Except as otherwise provided by this section, amounts appropriated or otherwise made available under this section shall be subject to the community development block grant program requirements under subsection (a)(1). (2) Exceptions (A) Housing Construction Expenditures on new construction of housing shall be an eligible expense under this section. (B) Buildings for General Conduct of Government Expenditures on building for the general conduct of government, other than the Federal Government, shall be eligible under this section when necessary and appropriate as a part of a natural hazard mitigation project. (h) Implementation The Secretary shall have the 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. 204. Strengthening resilience under national flood insurance program (a) NFIP program activities (1) Cancellation All indebtedness of the Administrator of the Federal Emergency Management Agency under any notes or other obligations issued pursuant to section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) ) and section 15(e) of the Federal Insurance Act of 1956 ( 42 U.S.C. 2414(e) ), and outstanding as of the date of the enactment of this Act, is hereby cancelled, the Administrator and the National Flood Insurance Fund are relieved of all liability under any such notes or other obligations, including for any interest due, including capitalized interest, and any other fees and charges payable in connection with such notes and obligations. (2) Use of savings for flood mapping In addition to amounts otherwise available, for each of fiscal years 2024 and 2025, an amount equal to the interest the National Flood Insurance Program would have accrued from servicing the canceled debt under paragraph (1) in that fiscal year, which shall be derived from offsetting amounts collected under section 1310(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(d) ) and shall remain available until expended for activities identified in section 100216 (b)(1)(A) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b(b)(1)(A) ) and related salaries and administrative expenses. (b) Means-Tested assistance for National Flood Insurance Program policyholders (1) Appropriation In addition to amounts otherwise available, there is appropriated to the Administrator of the Federal Emergency Management Agency for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, $600,000,000, to remain available until September 30, 2028, to provide assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. (2) Terms and conditions (A) Discounts The Administrator shall use funds provided under this subsection to establish graduated discounts available to eligible policyholders under this subsection, with respect to covered properties, which may be based on the following factors: (i) The percentage by which the household income of the eligible policyholder is equal to, or less than, 120 percent of the area median income for the area in which the property to which the policy applies is located. (ii) The number of eligible policyholders participating in the program authorized under this subsection. (iii) The availability of funding. (B) Distribution of premium With respect to the amount of the discounts provided under this subsection in a fiscal year, and any administrative expenses incurred in carrying out this subsection for that fiscal year, the Administrator shall, from amounts made available to carry out this subsection for that fiscal year, deposit in the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017 ) an amount equal to those discounts and administrative expenses, except to the extent that section 1310A of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017a ) applies to any portion of those discounts or administrative expenses, in which case the Administrator shall deposit an amount equal to those amounts to which such section 1310A applies in the National Flood Insurance Reserve Fund established under such section 1310A. (C) Requirement on timing Not later than 21 months after the date of the enactment of this section, the Administrator shall issue interim guidance to implement this subsection which shall expire on the later of— (i) the date that is 60 months after the date of the enactment of this section; or (ii) the date on which a final rule issued to implement this subsection takes effect. (3) Definitions In this subsection: (A) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (B) Covered property The term covered property means— (i) a primary residential dwelling designed for the occupancy of from 1 to 4 families; or (ii) personal property relating to a dwelling described in clause (i) or personal property in the primary residential dwelling of a renter. (C) Eligible policyholder The term eligible policyholder means a policyholder with a household income that is not more than 120 percent of the area median income for the area in which the property to which the policy applies is located. (D) Insurance costs The term insurance costs means insurance premiums, fees, and surcharges charged under the National Flood Insurance Program, with respect to a covered property for a year. 205. Community Restoration and Revitalization Fund (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Community Restoration and Revitalization Fund established under subsection (b) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2033— (1) $2,000,000,000 for awards of planning and implementation grants under section 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2), 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321), awarded on a competitive basis to eligible recipients, as defined under subsection (c)(2) of this section, to carry out community-led projects to create equitable civic infrastructure and create or preserve affordable, accessible housing, including creating, expanding, and maintaining community land trusts and shared equity homeownership programs; (2) $500,000,000 for planning and implementation grants under section 101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 , 5302, 5303, 5304(a)–(i), 5304(l), 5304(m), 5305(a)–(g), 5306(a)(2) 5306(a)(4), 5306(b)–(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 5321), awarded on a competitive basis to eligible recipients to create, expand, and maintain community land trusts and shared equity homeownership, including through the acquisition, rehabilitation, and new construction of affordable, accessible housing; (3) $400,000,000 for the Secretary to provide technical assistance, capacity building, and program support to applicants, potential applicants, and recipients of amounts appropriated for grants under this section; and (4) $100,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and community and economic development programs overseen by the Secretary generally, including information technology, financial reporting, research and evaluations, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs. (b) Establishment of Fund The Secretary of Housing and Urban Development (in this section referred to as the Secretary ) shall establish a Community Restoration and Revitalization Fund (in this section referred to as the Fund ) to award planning and implementation grants on a competitive basis to eligible recipients as defined in this section for activities authorized under subsections (a) through (g) of section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 ) and under this section for community-led affordable housing and civic infrastructure projects. (c) Eligible geographical areas, recipients, and applicants (1) Geographical areas The Secretary shall award grants from the Fund to eligible recipients within geographical areas at the neighborhood, county, or census tract level, including census tracts adjacent to the project area that are areas in need of investment, as demonstrated by two or more of the following factors: (A) High and persistent rates of poverty. (B) Population at risk of displacement due to rising housing costs. (C) Dwelling unit sales prices that are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. (D) High proportions of residential and commercial properties that are vacant due to foreclosure, eviction, abandonment, or other causes. (E) Low rates of homeownership by race and ethnicity, relative to the national homeownership rate. (2) Eligible recipient An eligible recipient of a planning or implementation grant under subsection (a)(1) or an implementation grant under subsection (a)(2) shall be a local partnership of a lead applicant and one or more joint applicants with the ability to administer the grant. An eligible recipient of a planning grant under subsection (b)(1) shall be a lead applicant with the ability to administer the grant, including a regional, State, or national nonprofit. (d) Eligible recipients and applicants (1) Lead applicant An eligible lead applicant for a grant awarded under this section shall be an entity that is located within or serves the geographic area of the project, or derives its mission and operational priorities from the needs of the geographic area of the project, demonstrates a commitment to anti-displacement efforts, and that is— (A) a nonprofit organization that has expertise in community planning, engagement, organizing, housing and community development; (B) a community development corporation; (C) a community housing development organization; (D) a community-based development organization; or (E) a community development financial institution, as defined by section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ). (2) Joint applicants A joint applicant shall be an entity eligible to be a lead applicant in paragraph (1), or a local, regional, or national— (A) nonprofit organization; (B) community development financial institution; (C) unit of general local government; (D) Indian tribe; (E) State housing finance agency; (F) land bank; (G) fair housing enforcement organization (as such term is defined in section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a )); (H) public housing agency; (I) tribally designated housing entity; or (J) philanthropic organization. (3) Lack of local entity A regional, State, or national nonprofit organization may serve as a lead entity if there is no local entity that meets the geographic requirements in paragraph (1). (e) Uses of funds (1) In general Planning and implementation grants awarded under this section shall be used to support civic infrastructure and housing-related activities. (2) Implementation grants Implementation grants awarded under this section may be used for activities eligible under subsections (a) through (g) of section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 ) and other activities to support civic infrastructure and housing-related activities, including— (A) new construction of housing; (B) demolition of abandoned or distressed structures, but only if such activity is part of a strategy that incorporates rehabilitation or new construction, anti-displacement efforts such as tenants’ right to return and right of first refusal to purchase, and efforts to increase affordable, accessible housing and homeownership, except that not more than 10 percent of any grant made under this section may be used for activities under this subparagraph unless the Secretary determines that such use is to the benefit of existing residents; (C) facilitating the creation, maintenance, or availability of rental units, including units in mixed-use properties, affordable and accessible to a household whose income does not exceed 80 percent of the median income for the area, as determined by the Secretary, for a period of not less than 30 years; (D) facilitating the creation, maintenance, or availability of homeownership units affordable and accessible to households whose incomes do not exceed 120 percent of the median income for the area, as determined by the Secretary; (E) establishing or operating land banks; and (F) providing assistance to existing residents experiencing economic distress or at risk of displacement, including purchasing nonperforming mortgages and clearing and obtaining formal title. (3) Community Land Trust grants and shared equity homeownership grants An eligible recipient of a community land trust grant awarded for establishing and operating a community land trust or shared equity homeownership program; creation, subsidization, construction, acquisition, rehabilitation, and preservation of housing in a community land trust or shared equity homeownership program, and expanding the capacity of the recipient to carry out the grant. (f) Definitions For purposes of this section, the following definitions shall apply: (1) Community land trust The term community land trust ’ means a nonprofit organization or State or local governments or instrumentalities that— (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to— (i) make rental and homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable rentals or homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. (2) Land bank The term land bank means a government entity, agency, or program, or a special purpose nonprofit entity formed by one or more units of government in accordance with State or local land bank enabling law, that has been designated by one or more State or local governments to acquire, steward, and dispose of vacant, abandoned, or other problem properties in accordance with locally-determined priorities and goals. (3) Shared equity homeownership program The term shared equity homeownership program means a program to facilitate affordable homeownership preservation through a resale restriction program administered by a community land trust, other nonprofit organization, or State or local government or instrumentalities and that utilizes a ground lease, deed restriction, subordinate loan, or similar mechanism that includes provisions ensuring that the program shall— (A) maintain the home as affordable for subsequent very low-, low-, or moderate-income families for an affordability term of at least 30 years after recordation; (B) apply a resale formula that limits the homeowner’s proceeds upon resale; and (C) provide the program administrator or such administrator’s assignee a preemptive option to purchase the homeownership unit from the homeowner at resale. (g) Implementation 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. 206. Fair housing activities and investigations (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $540,000,000, to remain available until September 30, 2028, for the Fair Housing Initiatives Program under section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a ) to ensure existing and new fair housing organizations have expanded and strengthened capacity to address fair housing inquiries and complaints, conduct local, regional, and national testing and investigations, conduct education and outreach activities, and address costs of delivering or adapting services to meet increased housing market activity and evolving business practices in the housing, housing-related, and lending markets. Amounts made available under this section shall support greater organizational continuity and capacity, including through up to 10-year grants; and (2) $160,000,000, to remain available until September 30, 2033, for the costs to the Secretary of administering and overseeing the implementation of this section and the Fair Housing Initiatives and Fair Housing Assistance Programs generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. (b) Implementation 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. 207. Intergovernmental fair housing activities and investigations In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $75,000,000 for support for cooperative efforts with State and local agencies administering fair housing laws under section 817 of the Fair Housing Act ( 42 U.S.C. 3616 ) to assist the Secretary to affirmatively further fair housing, and for Fair Housing Assistance Program cooperative agreements with interim certified and certified State and local agencies, under the requirements of subpart C of part 115 of title 24, Code of Federal Regulations, to ensure expanded and strengthened capacity of substantially equivalent agencies to assume a greater share of the responsibility for the administration and enforcement of fair housing laws; and (2) $25,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Fair Housing Assistance and Fair Housing Initiatives Programs generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this title, and other costs. 301. First-Generation Downpayment Assistance (a) Appropriation In addition to amounts otherwise available, there is appropriated to the First Generation Downpayment Fund to increase equal access to homeownership, established under subsection (b) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $6,825,000,000, to remain available until September 30, 2028, for the First-Generation Downpayment Assistance Fund under this section for allocation to each State in accordance with a formula established by the Secretary, which shall take into consideration best available data to approximate the number of potential qualified homebuyers as defined in subsection (e)(7) as well as median area home prices, to carry out the eligible uses of the Fund as described in subsection (d); (2) $2,275,000,000, to remain available until September 30, 2028, for the First-Generation Downpayment Assistance Program under this section for competitive grants to eligible entities to carry out the eligible uses of the Fund as described in subsection (d); (3) $500,000,000, to remain available until September 30, 2033, for the costs of providing housing counseling required under the First-Generation Downpayment Assistance Program under subsection (d)(1); and (4) $400,000,000, to remain available until September 30, 2033, for the costs to the Secretary of Housing and Urban Development of administering and overseeing the implementation of the First-Generation Downpayment Assistance Program, including information technology, financial reporting, programmatic reporting, research and evaluations, which shall include the program’s impact on racial and ethnic disparities in homeownership rates, technical assistance to recipients of amounts under this section, and other cross-program costs in support of programs administered by the Secretary in this Act, and other costs. (b) Establishment The Secretary of Housing and Urban Development shall establish and manage a fund to be known as the First Generation Downpayment Fund (in this section referred to as the Fund ) for the uses set forth in subsection (d). (c) Allocation of Funds (1) Initial allocation The Secretary shall allocate and award funding provided by subsection (a) as provided under such subsection not later than 12 months after the date of the enactment of this section. (2) Reallocation If a State or eligible entity does not demonstrate the capacity to expend grant funds provided under this section, the Secretary may recapture amounts remaining available to a grantee that has not demonstrated the capacity to expend such funds in a manner that furthers the purposes of this section and shall reallocate such amounts among any other States or eligible entities that have demonstrated to the Secretary the capacity to expend such amounts in a manner that furthers the purposes of this section. (d) Terms and conditions of grants allocated or awarded from Fund (1) Uses of funds States and eligible entities receiving grants from the Fund shall use such grants to provide assistance to or on behalf of a qualified homebuyer who has completed a program of housing counseling provided through a housing counseling agency approved by the Secretary or other adequate homebuyer education before entering into a sales purchase agreement for— (A) costs in connection with the acquisition, involving an eligible mortgage loan, of an eligible home, including downpayment costs, closing costs, and costs to reduce the rates of interest on eligible mortgage loans; (B) subsidies to make shared equity homes affordable to eligible homebuyers; and (C) pre-occupancy home modifications to accommodate qualified homebuyers or members of their household with disabilities; (2) Amount of assistance Assistance under this section— (A) may be provided to or on behalf of any qualified homebuyer; (B) may be provided to or on behalf of any qualified homebuyer only once in the form of grants or forgivable, non-amortizing, non-interest-bearing loans that may only be required to be repaid pursuant to paragraph (d)(4); and (C) may not exceed the greater of $20,000 or 10 percent of the purchase price in the case of a qualified homebuyer, not to include assistance received under subsection (d)(1)(C) for disability related home modifications, except that the Secretary may increase such maximum limitation amounts for qualified homebuyers who are economically disadvantaged. (3) Prohibition of priority or recoupment of funds In selecting qualified homebuyers for assistance with grant amounts under this section, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable, nor may the State or eligible entity seek to recoup any funds associated with the provision of downpayment assistance to the qualified homebuyer, whether through premium pricing or otherwise, except as provided in paragraph (4) of this subsection or otherwise authorized by the Secretary. (4) Repayment of assistance (A) Requirement The Secretary shall require that, if a homebuyer to or on behalf of whom assistance is provided from grant amounts under this section fails or ceases to occupy the property acquired using such assistance as the primary residence of the homebuyer, except in the case of assistance provided in connection with the purchase of a principal residence through a shared equity homeownership program, the homebuyer shall repay to the State or eligible entity, as applicable, in a proportional amount of the assistance the homebuyer receives based on the number of years they have occupied the eligible home up to 5 years, except that no assistance shall be repaid if the qualified homebuyer occupies the eligible home as a primary residence for 5 years or more. (B) Limitation Notwithstanding subparagraph (A), a homebuyer to or on behalf of whom assistance is provided from grant amounts under this section shall not be liable to the State or eligible entity for the repayment of the amount of such shortage if the homebuyer fails or ceases to occupy the property acquired using such assistance as the principal residence of the homebuyer at least in part because of a hardship, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale to a bona fide purchaser in an arm’s length transaction are less than the amount the homebuyer is required to repay the State or eligible entity under subparagraph (A). (5) Reliance on borrower attestations No additional documentation beyond the borrower’s attestation shall be required to demonstrate eligibility under subparagraphs (B) and (C) of subsection (e)(7) and no State, eligible entity, or creditor shall be subject to liability based on the accuracy of such attestation. (6) Costs to grantee States and eligible entities receiving grants from the Fund may use a portion of such grants for administrative costs up to the limit specified by the Secretary. (e) Definitions For purposes of this section, the following definitions shall apply: (1) Eligible entity The term eligible entity means— (A) a minority depository institution, as such term is defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1463 note); (B) a community development financial institution, as such term is defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ), that is certified by the Secretary of the Treasury and targets services to minority and low-income populations or provides services in neighborhoods having high concentrations of minority and low-income populations; (C) any other nonprofit entity that the Secretary finds has a track record of providing assistance to homeowners, targets services to minority and low-income or provides services in neighborhoods having high concentrations of minority and low-income populations; and (D) a unit of general local government, as such term is defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ). (2) Eligible home The term eligible home means a residential dwelling that— (A) consists of 1 to 4 dwelling units; and (B) will be occupied by the qualified homebuyer as the primary residence of the homebuyer. (3) Eligible mortgage loan The term eligible mortgage loan means a single-family residential mortgage loan that— (A) meets the underwriting requirements and dollar amount limitations for acquisition by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (B) is made, insured, or guaranteed under any program administered by the Secretary; (C) is made, insured, or guaranteed by the Rural Housing Administrator of the Department of Agriculture; (D) is a qualified mortgage, as such term is defined in section 129C(b)(2) of the Truth in Lending Act ( 15 U.S.C. 1639c(b)(2) ); or (E) is made, insured, or guaranteed for the benefit of a veteran. (4) First-generation homebuyer The term first-generation homebuyer means a homebuyer that is, as attested by the homebuyer— (A) an individual— (i) whose parents or legal guardians do not, or did not at the time of their death, to the best of the individual’s knowledge, have any present ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel; and (ii) whose spouse or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any present ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel, whether the individual is a co-borrower on the loan or not; or (B) an individual who has at any time been placed in foster care or institutional care whose spouse or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel, whether such individuals are co-borrowers on the loan or not. (5) Heir property The term heir property means residential property for which title passed by operation of law through intestacy and is held by two or more heirs as tenants in common. (6) Ownership interest The term ownership interest means any ownership, excluding any interest in heir property, in— (A) real estate in fee simple; (B) a leasehold on real estate under a lease for not less than ninety-nine years which is renewable; or (C) a fee interest in, or long-term leasehold interest in, real estate consisting of a one-family unit in a multifamily project, including a project in which the dwelling units are attached, or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities which serve the project. (7) Qualified homebuyer The term qualified homebuyer means a homebuyer— (A) having an annual household income that is less than or equal to— (i) 120 percent of median income, as determined by the Secretary, for— (I) the area in which the home to be acquired using such assistance is located; or (II) the area in which the place of residence of the homebuyer is located; or (ii) 140 percent of the median income, as determined by the Secretary, for the area within which the eligible home to be acquired using such assistance is located if the homebuyer is acquiring an eligible home located in a high-cost area; (B) who is a first-time homebuyer, as such term is defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 ), except that for the purposes of this section the reference in such section 104 to title II shall be considered to refer to this section, and except that ownership of heir property shall not be treated as owning a home for purposes of determining whether a borrower qualifies as a first-time homebuyer; and (C) who is a first-generation homebuyer. (8) Secretary The term Secretary means the Secretary of Housing and Urban Development. (9) Shared equity homeownership program (A) In general The term shared equity homeownership program means affordable homeownership preservation through a resale restriction program administered by a community land trust, other nonprofit organization, or State or local government or instrumentalities. (B) Affordability requirements Any such program under subparagraph (A) shall— (i) provide affordable homeownership opportunities to households; and (ii) utilize a ground lease, deed restriction, subordinate loan, or similar mechanism that includes provisions ensuring that the program shall— (I) maintain the homeownership unit as affordable for subsequent very low-, low-, or moderate-income families for an affordability term of at least 30 years after recordation; (II) apply a resale formula that limits the homeowner’s proceeds upon resale; and (III) provide the program administrator or such administrator’s assignee a preemptive option to purchase the homeownership unit from the homeowner at resale. (10) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. (f) Implementation 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. 302. Home loan program (a) Appropriation In addition to amounts otherwise available, there is appropriated for fiscal year 2024, out of any amounts in the Treasury not otherwise appropriated, to remain available until September 30, 2033— (1) $4,000,000,000 to the Secretary of Housing and Urban Development for the cost of guaranteed or insured loans and other obligations, including the cost of modifying such loans, under subsection (e)(1)(A); (2) $500,000,000 to the Secretary of Housing and Urban Development for costs of carrying out the program under paragraph (1) and programs of the Federal Housing Administration and the Government National Mortgage Association generally, including information technology, financial reporting, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs; (3) $150,000,000 to the Secretary of Agriculture for the cost of guaranteed and insured loans and other obligations, including the cost of modifying such loans, under subsection (e)(1)(B); (4) $50,000,000 to the Secretary of Agriculture for the costs of carrying out the program under paragraph (3) and programs of the Rural Housing Service generally, including information technology and financial reporting in support of the Program administered by the Secretary of Agriculture in this title; and (5) $300,000,000 to the Secretary of Treasury for the costs of carrying out the program under this section. (b) Use of funds (1) In general (A) The Secretary of Housing and Urban Development and the Secretary of Agriculture shall use the funds provided under subsections (a)(1), (a)(2), (a)(3), and (a)(4) to carry out the programs under subsections (a)(1) and (a)(3) to make covered mortgage loans. (B) The Secretary of the Treasury shall use the funds provided under subsections (a)(5) and (b)(2) to— (i) purchase, on behalf of the Secretary of Housing and Urban Development, securities that are secured by covered mortgage loans, and sell, manage, and exercise any rights received in connection with, any financial instruments or assets acquired pursuant to the authorities granted under this section, including, as appropriate, establishing and using vehicles to purchase, hold, and sell such financial instruments or assets; (ii) designate one or more banks, security brokers or dealers, asset managers, or investment advisers, as a financial agent of the Federal Government to perform duties related to authorities granted under this section; and (iii) use the services of the Department of Housing and Urban Development on a reimbursable basis, and the Secretary of Housing and Urban Development is authorized to provide services as requested by the Secretary of Treasury using all authorities vested in or delegated to the Department of Housing and Urban Development. (2) Transfer of amounts to Treasury Such portions of the appropriation to the Secretary of Housing and Urban Development shall be transferred by the Secretary of Housing and Urban Development to the Department of the Treasury from time-to-time in an amount equal to, as determined by the Secretary of the Treasury in consultation with the Secretary of Housing and Urban Development, the amount necessary for the purchase of securities under the Program during the period for which the funds are intended to be available. (3) Use of proceeds Revenues of and proceeds from the sale, exercise, or surrender of assets purchased or acquired under the Program under this section shall be available to the Secretary of the Treasury through September 30, 2033, for purposes of purchases under subsection (b)(1)(B)(i). (c) Limitation on aggregate loan insurance or guarantee authority The aggregate original principal obligation of all covered mortgage loans insured or guaranteed under subsection (e)(1)(A) of this section may not exceed $48,000,000,000, and under section (e)(1)(B) may not exceed $12,000,000,000. (d) GNMA guarantee authority and fee To carry out the purposes of this section, the Government National Mortgage Association may enter into new commitments to issue guarantees of securities based on or backed by mortgages insured or guaranteed under this section, not exceeding $60,000,000,000, and shall collect guaranty fees consistent with section 306(g)(1) of the National Housing Act ( 12 U.S.C. 1721(g)(1) ) that are paid at securitization. (e) Definitions In this section: (1) Covered mortgage loan (A) In general The term covered mortgage loan means, for purposes of the Program established by the Secretary of Housing and Urban Development, a mortgage loan that— (i) is insured by the Federal Housing Administration pursuant to section 203(b) of the National Housing Act, subject to the eligibility criteria set forth in this subsection, and has a case number issued on or before December 31, 2031; (ii) is made for an original term of 20 years with a monthly mortgage payment of principal and interest that is not more than 110 percent and not less than 100 percent of the monthly payment of principal, interest, and periodic mortgage insurance premium associated with a newly originated 30-year mortgage loan with the same loan balance insured by the agency as determined by the Secretary; (iii) subject to subparagraph (C) of this paragraph and notwithstanding section 203(c)(2) of the National Housing Act ( 12 U.S.C. 1709(c)(2) ), has a mortgage insurance premium of not more than 4 percent of the loan balance that is paid at closing, financed into the principal balance of the loan, paid through an annual premium, or a combination thereof; (iv) involves a rate of interest that is fixed over the term of the mortgage loan; and (v) is secured by a single-family residence that is the principal residence of an eligible homebuyer. (B) The term covered mortgage loan means, for purposes of the Program established by the Secretary of Agriculture, a loan guaranteed under section 502(h) of the Housing Act of 1949 ( 42 U.S.C. 1472(h) ) that— (i) notwithstanding section 502(h)(7)(A) of the Housing Act of 1949 ( 42 U.S.C. 1472(h)(7)(A) ), is made for an original term of 20 years with a monthly mortgage payment of principal and interest that is not more than 110 percent and not less than 100 percent of the monthly payment of principal, interest, and loan guarantee fee associated with a newly originated 30-year mortgage loan with the same loan balance guaranteed by the agency as determined by the Secretary; and (ii) subject to subparagraph (C) of this paragraph and notwithstanding section 502(h)(8)(A) of the Housing Act of 1949 ( 42 U.S.C. 1472(h)(8)(A) ), has a loan guarantee fee of not more than 4 percent of the principal obligation of the loan. (2) Eligible homebuyer The term eligible homebuyer means an individual who— (A) for purposes of the Program established by the Secretary of Housing and Urban Development— (i) has an annual household income that is less than or equal to— (I) 120 percent of median income for the area, as determined by the Secretary of Housing and Urban Development for— (aa) the area in which the home to be acquired using such assistance is located; or (bb) the area in which the place of residence of the homebuyer is located; or (II) if the homebuyer is acquiring an eligible home that is located in a high-cost area, 140 percent of the median income, as determined by the Secretary, for the area within which the eligible home to be acquired using assistance provided under this section is located; (ii) is a first-time homebuyer, as defined in paragraph (4) of this subsection; and (iii) is a first-generation homebuyer as defined in paragraph (3) of this subsection; (B) for purposes of the Program established by the Secretary of Agriculture— (i) meets the applicable requirements in section 502(h) of the Housing Act of 1949 ( 42 U.S.C. 1472(h) ); and (ii) is a first-time homebuyer as defined in paragraph (4) of this subsection and a first-generation homebuyer as defined in paragraph (3) of this subsection. (3) First-generation homebuyer The term first-generation homebuyer means a homebuyer that, as attested by the homebuyer, is— (A) an individual— (i) whose parents or legal guardians do not, or did not at the time of their death, to the best of the individual’s knowledge, have any present ownership interest in a residence in any State or ownership of chattel, excluding ownership of heir property; and (ii) whose spouse, or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, have any present ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel, whether the individual is a co-borrower on the loan or not; or (B) an individual who has at any time been placed in foster care or institutional care whose spouse or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any ownership interest in a residence in any State, excluding ownership of heir property or ownership of chattel, whether such individuals are co-borrowers on the loan or not. (4) First-time homebuyer The term first-time homebuyer means a homebuyer as defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 ), except that for the purposes of this section the reference in such section 12704(14) to title II shall be considered to refer to this section, and except that ownership of heir property shall not be treated as owning a home for purposes of determining whether a borrower qualifies as a first-time homebuyer. (5) Heir property The term heir property means residential property for which title passed by operation of law through intestacy and is held by two or more heirs as tenants in common. (6) Ownership interest The term ownership interest means any ownership, excluding any interest in heir property, in— (A) real estate in fee simple; (B) a leasehold on real estate under a lease for not less than ninety-nine years which is renewable; or (C) a fee interest in, or long-term leasehold interest in, real estate consisting of a one-family unit in a multifamily project, including a project in which the dwelling units are attached, or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities which serve the project. (7) State The term State means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (f) Reliance on borrower attestations No additional documentation beyond the borrower’s attestation shall be required to demonstrate eligibility under clauses (ii) and (iii) of subsection (e)(2)(A) and clause (ii) of subsection (e)(2)(B) and no State, eligible entity, or creditor shall be subject to liability based on the accuracy of such attestation. (g) Implementation The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Treasury 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. 303. HUD-insured small dollar mortgage demonstration program (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2033— (1) $76,000,000 for a program to increase access to small-dollar mortgages, as defined in subsection (b), which may include payment of incentives to lenders, adjustments to terms and costs, individual financial assistance, technical assistance to lenders and certain financial institutions to help originate loans, lender and borrower outreach, and other activities; (2) $10,000,000 for the cost of insured or guaranteed loans, including the cost of modifying loans; and (3) $14,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and programs in the Office of Housing generally, including information technology, financial reporting, research and evaluations, fair housing and fair lending compliance, and other cross-program costs in support of programs administered by the Secretary in this title, and other costs. (b) Small-Dollar mortgage For purposes of this section, the term small-dollar mortgage means a forward mortgage that— (1) has an original principal balance of $100,000 or less; (2) is secured by a one- to four-unit property that is the mortgagor’s principal residence; and (3) is insured or guaranteed by the Secretary. (c) Implementation 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. 304. Investments in rural homeownership (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Rural Housing Service of the Department of Agriculture for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, to remain available until expended— (1) $90,000,000 for providing single family housing repair grants under section 504(a) of the Housing Act of 1949 ( 42 U.S.C. 1474(a) ), subject to the terms and conditions in subsection (b) of this section; (2) $10,000,000 for administrative expenses of the Rural Housing Service of the Department of Agriculture that in whole or in part support activities funded by this section and related activities. (b) Terms and conditions (1) Eligibility Eligibility for grants from amounts made available by subsection (a)(1) shall not be subject to the limitations in section 3550.103(b) of title 7, Code of Federal Regulations. (2) Uses Notwithstanding the limitations in section 3550.102(a) of title 7, Code of Federal Regulations, grants from amounts made available by subsection (a)(2) shall be available for the eligible purposes in section 3550.102(b) of title 7, Code of Federal Regulations. (c) Implementation The Administrator of the Rural Housing Service 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. 401. Program administration, training, technical assistance, capacity building, and oversight (a) Appropriation In addition to amounts otherwise available, there is appropriated for fiscal year 2024, out of any money in the Treasury not otherwise appropriated,— (1) $949,250,000 to the Secretary of Housing and Urban Development for— (A) the costs to the Secretary of administering and overseeing the implementation of this title and the Department’s programs generally, including information technology, inspections of housing units, research and evaluation, financial reporting, and other costs; and (B) new awards or increasing prior awards to provide training, technical assistance, and capacity building related to the Department’s programs, including direct program support to program recipients throughout the country, including insular areas, that require such assistance with daily operations; (2) $43,250,000 to the Office of Inspector General of the Department of Housing and Urban Development for necessary salaries and expenses for conducting oversight of amounts provided by this title; (3) $5,000,000 to the Office of Inspector General of the Department of the Treasury for necessary salaries and expenses for conducting oversight of amounts provided by this title; and (4) $2,500,000 to the Office of Inspector General of the Department of the Agriculture for necessary salaries and expenses for conducting oversight of amounts provided by this title. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Implementation The Secretary of Housing and Urban Development 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. 402. Community-led capacity building (a) Appropriation In addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2024, out of any money in the Treasury not otherwise appropriated— (1) $90,000,000 for competitively awarded funds for technical assistance and capacity building to non-Federal entities, including grants awarded to nonprofit organizations to provide technical assistance activities to community development corporations, community housing development organizations, community land trusts, nonprofit organizations in insular areas, and other mission-driven and nonprofit organizations that target services to low-income and socially disadvantaged populations, and provide services in neighborhoods having high concentrations of minority, low-income, or socially disadvantaged populations to— (A) provide training, education, support, and advice to enhance the technical and administrative capabilities of community development corporations, community housing development organizations, community land trusts, and other mission-driven and nonprofit organizations undertaking affordable housing development, acquisition, preservation, or rehabilitation activities; (B) provide predevelopment assistance to community development corporations, community housing development organizations, and other mission-driven and nonprofit organizations undertaking affordable housing development, acquisition, preservation, or rehabilitation activities; and (C) carry out such other activities as may be determined by the grantees in consultation with the Secretary; and (2) $10,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Department’s technical assistance programs generally, including information technology, research and evaluations, financial reporting, and other cross-program costs in support of programs administered by the Secretary in this title and other costs. Amounts appropriated by this section shall remain available until September 30, 2033. (b) Implementation 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.
127,610
[ "Financial Services Committee", "Appropriations Committee" ]
118hr5064ih
118
hr
5,064
ih
To establish a grant program to provide amounts to public housing agencies to install automatic sprinkler systems in public housing, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Public Housing Fire Safety Act.", "id": "H0F8A93A4771E421CACB7882279A03DC1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act— (1) the term automatic sprinkler system has the meaning given the term in section 31(a) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2227(a) ); (2) the term Capital Fund means the Capital Fund established under section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ); (3) the term exempted public housing project means a public housing project that— (A) is not a newly constructed multifamily property, as defined in section 31(c)(2)(A)(ii) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2227(c)(2)(A)(ii) ); and (B) is not subject to the requirements under section 31(c) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2227(c) ); (4) the terms public housing and public housing agency have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ); and (5) the term Secretary means the Secretary of Housing and Urban Development.", "id": "H7569D48B7BFF4FB08C863A18D74310A4", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 2227(a)", "legal-doc": "usc", "parsable-cite": "usc/15/2227" }, { "text": "42 U.S.C. 1437g(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1437g" }, { "text": "15 U.S.C. 2227(c)(2)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/15/2227" }, { "text": "15 U.S.C. 2227(c)", "legal-doc": "usc", "parsable-cite": "usc/15/2227" }, { "text": "42 U.S.C. 1437a(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437a" } ] }, { "text": "3. Inspections of public housing \n(a) In general \nWith respect to inspections of public housing conducted by the Secretary, including through the Real Estate Assessment Center, the Secretary shall report on the presence or absence of automatic sprinkler systems in the public housing. (b) Report \nNot later than 3 years after the date of enactment of this Act, the Secretary shall, based on inspections of public housing conducted during the 3-year period beginning on the date of enactment of this Act, submit to Congress a report on the presence or absence of automatic sprinkler systems in public housing, in particular in exempted public housing projects, which shall include recommendations to improve fire safety in exempted public housing projects. (c) Rule of construction \nNothing in this section shall be construed to require a public housing agency to install an automatic sprinkler system in an exempted public housing project.", "id": "HFD9315FA59D3483FBD5EB70F1BF24245", "header": "Inspections of public housing", "nested": [ { "text": "(a) In general \nWith respect to inspections of public housing conducted by the Secretary, including through the Real Estate Assessment Center, the Secretary shall report on the presence or absence of automatic sprinkler systems in the public housing.", "id": "HB3094A1A6D44407E8949480369058753", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 3 years after the date of enactment of this Act, the Secretary shall, based on inspections of public housing conducted during the 3-year period beginning on the date of enactment of this Act, submit to Congress a report on the presence or absence of automatic sprinkler systems in public housing, in particular in exempted public housing projects, which shall include recommendations to improve fire safety in exempted public housing projects.", "id": "HC8A7B94474C64E65B16E15E0D7C17BA0", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Rule of construction \nNothing in this section shall be construed to require a public housing agency to install an automatic sprinkler system in an exempted public housing project.", "id": "H14BAEE3A2B5945D89B2C6BA880F17439", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Grant program to retrofit public housing with automatic sprinkler systems \n(a) Establishment \nThe Secretary shall establish a competitive grant program under which the Secretary shall award grants to public housing agencies to install automatic sprinkler systems in exempted public housing projects. (b) Limitation \nA public housing agency may not use amounts received under this section to install automatic sprinkler systems in a rebuilt multifamily property, as defined in section 31(c)(2)(B)(iii) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2227(c)(2)(B)(iii) ). (c) Authorization of appropriations \nIn addition to amounts appropriated to the Capital Fund under any other provision of law, there is authorized to be appropriated to the Capital Fund $25,000,000 for each of fiscal years 2024 through 2033 to carry out this section.", "id": "H2DA5ED4DCF0A43AAA35209F776A4DE8F", "header": "Grant program to retrofit public housing with automatic sprinkler systems", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish a competitive grant program under which the Secretary shall award grants to public housing agencies to install automatic sprinkler systems in exempted public housing projects.", "id": "H3D0FC91B9C5C43AB9DD47291A87006E2", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Limitation \nA public housing agency may not use amounts received under this section to install automatic sprinkler systems in a rebuilt multifamily property, as defined in section 31(c)(2)(B)(iii) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2227(c)(2)(B)(iii) ).", "id": "H57C4499200AE46CEAD52F2F47B16E440", "header": "Limitation", "nested": [], "links": [ { "text": "15 U.S.C. 2227(c)(2)(B)(iii)", "legal-doc": "usc", "parsable-cite": "usc/15/2227" } ] }, { "text": "(c) Authorization of appropriations \nIn addition to amounts appropriated to the Capital Fund under any other provision of law, there is authorized to be appropriated to the Capital Fund $25,000,000 for each of fiscal years 2024 through 2033 to carry out this section.", "id": "H4213E44696724B69803DEE19DCF65FE3", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 2227(c)(2)(B)(iii)", "legal-doc": "usc", "parsable-cite": "usc/15/2227" } ] } ]
4
1. Short title This Act may be cited as the Public Housing Fire Safety Act. 2. Definitions In this Act— (1) the term automatic sprinkler system has the meaning given the term in section 31(a) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2227(a) ); (2) the term Capital Fund means the Capital Fund established under section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ); (3) the term exempted public housing project means a public housing project that— (A) is not a newly constructed multifamily property, as defined in section 31(c)(2)(A)(ii) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2227(c)(2)(A)(ii) ); and (B) is not subject to the requirements under section 31(c) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2227(c) ); (4) the terms public housing and public housing agency have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ); and (5) the term Secretary means the Secretary of Housing and Urban Development. 3. Inspections of public housing (a) In general With respect to inspections of public housing conducted by the Secretary, including through the Real Estate Assessment Center, the Secretary shall report on the presence or absence of automatic sprinkler systems in the public housing. (b) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall, based on inspections of public housing conducted during the 3-year period beginning on the date of enactment of this Act, submit to Congress a report on the presence or absence of automatic sprinkler systems in public housing, in particular in exempted public housing projects, which shall include recommendations to improve fire safety in exempted public housing projects. (c) Rule of construction Nothing in this section shall be construed to require a public housing agency to install an automatic sprinkler system in an exempted public housing project. 4. Grant program to retrofit public housing with automatic sprinkler systems (a) Establishment The Secretary shall establish a competitive grant program under which the Secretary shall award grants to public housing agencies to install automatic sprinkler systems in exempted public housing projects. (b) Limitation A public housing agency may not use amounts received under this section to install automatic sprinkler systems in a rebuilt multifamily property, as defined in section 31(c)(2)(B)(iii) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2227(c)(2)(B)(iii) ). (c) Authorization of appropriations In addition to amounts appropriated to the Capital Fund under any other provision of law, there is authorized to be appropriated to the Capital Fund $25,000,000 for each of fiscal years 2024 through 2033 to carry out this section.
2,872
[ "Financial Services Committee" ]
118hr4874ih
118
hr
4,874
ih
To provide for technical assistance under the health profession opportunity grant program under section 2008 of the Social Security Act.
[ { "text": "1. Short title \nThis Act may be cited as the Technical Assistance for Health Grants Act.", "id": "H23A56D1C5D59402EAD83AA453A042F17", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Technical assistance \n(a) In general \nSection 2008 of the Social Security Act ( 42 U.S.C. 1397 ) is amended— (1) in subsection (b)(4), by striking subparagraph (D); and (2) by redesignating subsections (c) and (d) as subsections (d) and (e) and inserting after subsection (b) the following: (c) Technical assistance \n(1) In general \nThe Secretary shall provide technical assistance— (A) to assist eligible entities in applying for grants under this section; (B) that is tailored to meet the needs of grantees at each stage of the administration of projects for which grants are made under this section; (C) that is tailored to meet the specific needs of Indian tribes, tribal organizations, and tribal colleges and universities; (D) that is tailored to meet the specific needs of the territories; (E) that is tailored to meet the specific needs of eligible entities in carrying out demonstration projects for which a grant is made under this section; and (F) to facilitate the exchange of information among eligible entities regarding best practices and promising practices used in the projects. (2) Peer technical assistance conferences \nThe Secretary shall hold peer technical assistance conferences for entities to which a grant is made under this section. (3) Report to the congress \nDuring each Congress, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the nature of any technical assistance provided to grantees under this section.. (b) Funding \nSection 2008(c)(1) of such Act ( 42 U.S.C. 1397(c)(1) ) is amended by inserting , and to carry out subsection (c) $15,000,000 for fiscal year 2024 before the period.", "id": "HDE2E8D027B8A4D859BF613C43DF2D146", "header": "Technical assistance", "nested": [ { "text": "(a) In general \nSection 2008 of the Social Security Act ( 42 U.S.C. 1397 ) is amended— (1) in subsection (b)(4), by striking subparagraph (D); and (2) by redesignating subsections (c) and (d) as subsections (d) and (e) and inserting after subsection (b) the following: (c) Technical assistance \n(1) In general \nThe Secretary shall provide technical assistance— (A) to assist eligible entities in applying for grants under this section; (B) that is tailored to meet the needs of grantees at each stage of the administration of projects for which grants are made under this section; (C) that is tailored to meet the specific needs of Indian tribes, tribal organizations, and tribal colleges and universities; (D) that is tailored to meet the specific needs of the territories; (E) that is tailored to meet the specific needs of eligible entities in carrying out demonstration projects for which a grant is made under this section; and (F) to facilitate the exchange of information among eligible entities regarding best practices and promising practices used in the projects. (2) Peer technical assistance conferences \nThe Secretary shall hold peer technical assistance conferences for entities to which a grant is made under this section. (3) Report to the congress \nDuring each Congress, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the nature of any technical assistance provided to grantees under this section..", "id": "H318B104D1040457A9C0E1E1242D3C39C", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1397", "legal-doc": "usc", "parsable-cite": "usc/42/1397" } ] }, { "text": "(b) Funding \nSection 2008(c)(1) of such Act ( 42 U.S.C. 1397(c)(1) ) is amended by inserting , and to carry out subsection (c) $15,000,000 for fiscal year 2024 before the period.", "id": "H56489A28C4C04B9C92C5CBEE0F7428D6", "header": "Funding", "nested": [], "links": [ { "text": "42 U.S.C. 1397(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1397" } ] } ], "links": [ { "text": "42 U.S.C. 1397", "legal-doc": "usc", "parsable-cite": "usc/42/1397" }, { "text": "42 U.S.C. 1397(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1397" } ] }, { "text": "3. Effective date \nThe amendments made by this Act shall take effect on October 1, 2023.", "id": "H0347B42B937949FC8F4B5F292E2047FE", "header": "Effective date", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Technical Assistance for Health Grants Act. 2. Technical assistance (a) In general Section 2008 of the Social Security Act ( 42 U.S.C. 1397 ) is amended— (1) in subsection (b)(4), by striking subparagraph (D); and (2) by redesignating subsections (c) and (d) as subsections (d) and (e) and inserting after subsection (b) the following: (c) Technical assistance (1) In general The Secretary shall provide technical assistance— (A) to assist eligible entities in applying for grants under this section; (B) that is tailored to meet the needs of grantees at each stage of the administration of projects for which grants are made under this section; (C) that is tailored to meet the specific needs of Indian tribes, tribal organizations, and tribal colleges and universities; (D) that is tailored to meet the specific needs of the territories; (E) that is tailored to meet the specific needs of eligible entities in carrying out demonstration projects for which a grant is made under this section; and (F) to facilitate the exchange of information among eligible entities regarding best practices and promising practices used in the projects. (2) Peer technical assistance conferences The Secretary shall hold peer technical assistance conferences for entities to which a grant is made under this section. (3) Report to the congress During each Congress, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the nature of any technical assistance provided to grantees under this section.. (b) Funding Section 2008(c)(1) of such Act ( 42 U.S.C. 1397(c)(1) ) is amended by inserting , and to carry out subsection (c) $15,000,000 for fiscal year 2024 before the period. 3. Effective date The amendments made by this Act shall take effect on October 1, 2023.
1,899
[ "Ways and Means Committee" ]
118hr3179ih
118
hr
3,179
ih
To authorize funding to expand and support enrollment at institutions of higher education that sponsor construction and manufacturing-oriented registered apprenticeship programs, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Supporting Apprenticeship Colleges Act of 2023.", "id": "H6C44361EA3064233A921530E1F681F4A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Community outreach grant program \n(a) In general \nFrom the amounts appropriated under subsection (f), the Secretary, in consultation with the Secretary of Labor, shall provide grants to eligible entities for the purposes of expanding or supporting potential student and employer outreach carried out by such entities with respect to the construction and manufacturing-oriented registered apprenticeship programs offered by such entities. (b) Amounts \nThe total grant amount made to an eligible entity under this section may not exceed $500,000. (c) Use of grants \nAn eligible entity that receives a grant under this section shall use such grant for the outreach described in subsection (a), which shall include the following: (1) Outreach to high schools, for the purpose of educating students, parents, guardians, and faculty on the benefits of enrolling students in the construction and manufacturing-oriented registered apprenticeship program offered by the eligible entity. (2) Outreach to local businesses and other potential employers for the purpose of educating such employers on the benefits of supporting and hiring graduates of such program, which shall— (A) primarily target relationship building with potential employers in rural, exurban, and suburban areas; and (B) seek to maximize the number of students who work in such areas after completing such program. (3) Outreach to local workforce development boards and apprenticeship intermediaries for the purpose of reaching nontraditional student populations and prioritizing local needs. (d) Application requirements \nAn eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Priority \nIn awarding grants under this section, the Secretary shall give priority to eligible entities that demonstrate outreach efforts targeted at increasing program enrollment for rural students, first generation college students, minority students, and nontraditional students, or other students from underrepresented population. (f) Authorization of appropriations \nThere are authorized to be appropriated $5,000,000 to carry out this section for each of the fiscal years 2024 through 2028.", "id": "HB184BC57FABA477F9A54E7A8A707FF48", "header": "Community outreach grant program", "nested": [ { "text": "(a) In general \nFrom the amounts appropriated under subsection (f), the Secretary, in consultation with the Secretary of Labor, shall provide grants to eligible entities for the purposes of expanding or supporting potential student and employer outreach carried out by such entities with respect to the construction and manufacturing-oriented registered apprenticeship programs offered by such entities.", "id": "H849F3FC28BE64FC48A7DD56302CA53C7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Amounts \nThe total grant amount made to an eligible entity under this section may not exceed $500,000.", "id": "HD6F9E88188BD47D0BC9A9A16D104D06C", "header": "Amounts", "nested": [], "links": [] }, { "text": "(c) Use of grants \nAn eligible entity that receives a grant under this section shall use such grant for the outreach described in subsection (a), which shall include the following: (1) Outreach to high schools, for the purpose of educating students, parents, guardians, and faculty on the benefits of enrolling students in the construction and manufacturing-oriented registered apprenticeship program offered by the eligible entity. (2) Outreach to local businesses and other potential employers for the purpose of educating such employers on the benefits of supporting and hiring graduates of such program, which shall— (A) primarily target relationship building with potential employers in rural, exurban, and suburban areas; and (B) seek to maximize the number of students who work in such areas after completing such program. (3) Outreach to local workforce development boards and apprenticeship intermediaries for the purpose of reaching nontraditional student populations and prioritizing local needs.", "id": "H24FE79C3E5874C6B8D48622CEC4606E2", "header": "Use of grants", "nested": [], "links": [] }, { "text": "(d) Application requirements \nAn eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.", "id": "H421948940C54455D8FDB2C7BB34BFA70", "header": "Application requirements", "nested": [], "links": [] }, { "text": "(e) Priority \nIn awarding grants under this section, the Secretary shall give priority to eligible entities that demonstrate outreach efforts targeted at increasing program enrollment for rural students, first generation college students, minority students, and nontraditional students, or other students from underrepresented population.", "id": "H632A0202FB7A455986FAFF830FAC61FD", "header": "Priority", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nThere are authorized to be appropriated $5,000,000 to carry out this section for each of the fiscal years 2024 through 2028.", "id": "H1BE969217FAA40C98BF645FD5A8B5A5A", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Student support grant program for expanded academic advising \n(a) In general \nFrom the amounts appropriated under subsection (g), the Secretary, in consultation with the Secretary of Labor, shall provide grants to eligible entities for the activities described in subsection (d). (b) Amounts \nThe total grant amount made to an eligible entity under this section may not exceed $500,000. (c) Multiple grants permitted \nAn eligible entity may receive a grant under sections 2 and 3. (d) Use of grants \n(1) In general \nAn eligible entity that receives a grant under this section shall use such grant for advising and support services to enrollees of construction and manufacturing-oriented registered apprenticeship programs offered by such entity to increase retention, persistence, and completion for students. (2) Requirements \nSuch advising and support services shall include the following: (A) Expanding academic advising programs that provide services to students, including— (i) career advising and professional development; (ii) support for English as a second language students; (iii) information and resource systems; (iv) mentoring systems; or (v) other similar advising activities that support enrollment, retention, persistence, and completion. (B) Expanding student support programs that provide services to students, including— (i) health and family-related services, including substance abuse disorder and mental health counseling; (ii) support for first generation college students; (iii) childcare support; or (iv) other similar support activities. (e) Application requirements \nAn eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Report \n(1) In general \nAn eligible entity that receives a grant under this section shall submit to the Secretary a report on— (A) the activities supported by the grant; (B) the number of students participating in the activities supported by the grant; (C) the percentage of students participating in the activities supported by the grant who are high school students; (D) the progress made in achieving the goals of the program supported by the grant, in general, and measuring in particular— (i) the effectiveness of the grant in expanding overall enrollment and program and apprenticeship completion rates and certification; (ii) the effectiveness of the grant in expanding enrollment and program completion rates for underrepresented populations; and (iii) any progress made towards the type of indicators of performance as described in section 116(b)(2)(A) of the Workforce Innovation and Opportunity ( 29 U.S.C. 3141(b)(2)(A) ); and (E) such other information as the Secretary determines to be appropriate. (2) Timeline for submission of report \nThe report under paragraph (1) shall be submitted to the Secretary not later than 180 days after the date on which the eligible entity concludes the activities supported by the grant under this section. (g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2024 through 2028.", "id": "H59D819E232A64B0B99578A662E28049F", "header": "Student support grant program for expanded academic advising", "nested": [ { "text": "(a) In general \nFrom the amounts appropriated under subsection (g), the Secretary, in consultation with the Secretary of Labor, shall provide grants to eligible entities for the activities described in subsection (d).", "id": "H03523A5174DD4D56BDB4F69F9F594B69", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Amounts \nThe total grant amount made to an eligible entity under this section may not exceed $500,000.", "id": "H4590BEC7257C48EFB18364CCA56DDAD3", "header": "Amounts", "nested": [], "links": [] }, { "text": "(c) Multiple grants permitted \nAn eligible entity may receive a grant under sections 2 and 3.", "id": "HCFC2A34FE4124063A8F217FFF338435A", "header": "Multiple grants permitted", "nested": [], "links": [] }, { "text": "(d) Use of grants \n(1) In general \nAn eligible entity that receives a grant under this section shall use such grant for advising and support services to enrollees of construction and manufacturing-oriented registered apprenticeship programs offered by such entity to increase retention, persistence, and completion for students. (2) Requirements \nSuch advising and support services shall include the following: (A) Expanding academic advising programs that provide services to students, including— (i) career advising and professional development; (ii) support for English as a second language students; (iii) information and resource systems; (iv) mentoring systems; or (v) other similar advising activities that support enrollment, retention, persistence, and completion. (B) Expanding student support programs that provide services to students, including— (i) health and family-related services, including substance abuse disorder and mental health counseling; (ii) support for first generation college students; (iii) childcare support; or (iv) other similar support activities.", "id": "HCC542CCA1F80434AB3C06BA768129EEF", "header": "Use of grants", "nested": [], "links": [] }, { "text": "(e) Application requirements \nAn eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.", "id": "H0E4E1FBC8E044695ACF8C3AD64BFB51E", "header": "Application requirements", "nested": [], "links": [] }, { "text": "(f) Report \n(1) In general \nAn eligible entity that receives a grant under this section shall submit to the Secretary a report on— (A) the activities supported by the grant; (B) the number of students participating in the activities supported by the grant; (C) the percentage of students participating in the activities supported by the grant who are high school students; (D) the progress made in achieving the goals of the program supported by the grant, in general, and measuring in particular— (i) the effectiveness of the grant in expanding overall enrollment and program and apprenticeship completion rates and certification; (ii) the effectiveness of the grant in expanding enrollment and program completion rates for underrepresented populations; and (iii) any progress made towards the type of indicators of performance as described in section 116(b)(2)(A) of the Workforce Innovation and Opportunity ( 29 U.S.C. 3141(b)(2)(A) ); and (E) such other information as the Secretary determines to be appropriate. (2) Timeline for submission of report \nThe report under paragraph (1) shall be submitted to the Secretary not later than 180 days after the date on which the eligible entity concludes the activities supported by the grant under this section.", "id": "H7E48094DD63A4188AFB8821B8F334024", "header": "Report", "nested": [], "links": [ { "text": "29 U.S.C. 3141(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/3141" } ] }, { "text": "(g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2024 through 2028.", "id": "HE11B164733E24F3F906DFEEA7EAAACAD", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 3141(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/3141" } ] }, { "text": "4. Definitions \nIn this Act: (1) Construction and manufacturing-oriented apprenticeship college \nThe term construction and manufacturing-oriented apprenticeship college means an institution of higher education that is a sponsor of a construction and manufacturing-oriented registered apprenticeship program. (2) Construction and manufacturing-oriented registered apprenticeship program \nThe term construction and manufacturing-oriented registered apprenticeship program means a registered apprenticeship program that— (A) provides coursework and training in preparation for employment in the construction or manufactory industry (such as employment as a painter, drywall finisher, glazier, or glassworker); (B) (i) leads to a recognized postsecondary credential other than a certificate of completion of an apprenticeship; or (ii) awards credits that can be applied toward a recognized postsecondary credential at least at the institution that sponsors the program; and (C) is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part H of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1099a et seq. ). (3) Eligible entity \nThe term eligible entity means a construction and manufacturing-oriented apprenticeship college. (4) First generation college student \nThe term first generation college student has the meaning given the term in section 402A(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(h) ). (5) High school \nThe term high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (7) Outreach \nThe term outreach means communications and relationship-building opportunities undertaken by an eligible entity. (8) Recognized postsecondary credential \nThe term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (9) Registered apprenticeship program \nThe 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. ). (10) Second language \nThe term second language means any language other than English, including Braille and American Sign Language. (11) Secretary \nThe term Secretary means the Secretary of Education. (12) Underrepresented population \nThe term underrepresented population means an individual who is from a group whose gender, ethnic background, or national origin is not traditionally represented in registered apprenticeship programs.", "id": "H6B9B2E0A94384504AA2764610510CF5F", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1099a et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1099a" }, { "text": "20 U.S.C. 1070a–11(h)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-11" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 1001(a)", "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. 50 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/50" } ] } ]
4
1. Short title This Act may be cited as the Supporting Apprenticeship Colleges Act of 2023. 2. Community outreach grant program (a) In general From the amounts appropriated under subsection (f), the Secretary, in consultation with the Secretary of Labor, shall provide grants to eligible entities for the purposes of expanding or supporting potential student and employer outreach carried out by such entities with respect to the construction and manufacturing-oriented registered apprenticeship programs offered by such entities. (b) Amounts The total grant amount made to an eligible entity under this section may not exceed $500,000. (c) Use of grants An eligible entity that receives a grant under this section shall use such grant for the outreach described in subsection (a), which shall include the following: (1) Outreach to high schools, for the purpose of educating students, parents, guardians, and faculty on the benefits of enrolling students in the construction and manufacturing-oriented registered apprenticeship program offered by the eligible entity. (2) Outreach to local businesses and other potential employers for the purpose of educating such employers on the benefits of supporting and hiring graduates of such program, which shall— (A) primarily target relationship building with potential employers in rural, exurban, and suburban areas; and (B) seek to maximize the number of students who work in such areas after completing such program. (3) Outreach to local workforce development boards and apprenticeship intermediaries for the purpose of reaching nontraditional student populations and prioritizing local needs. (d) Application requirements An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that demonstrate outreach efforts targeted at increasing program enrollment for rural students, first generation college students, minority students, and nontraditional students, or other students from underrepresented population. (f) Authorization of appropriations There are authorized to be appropriated $5,000,000 to carry out this section for each of the fiscal years 2024 through 2028. 3. Student support grant program for expanded academic advising (a) In general From the amounts appropriated under subsection (g), the Secretary, in consultation with the Secretary of Labor, shall provide grants to eligible entities for the activities described in subsection (d). (b) Amounts The total grant amount made to an eligible entity under this section may not exceed $500,000. (c) Multiple grants permitted An eligible entity may receive a grant under sections 2 and 3. (d) Use of grants (1) In general An eligible entity that receives a grant under this section shall use such grant for advising and support services to enrollees of construction and manufacturing-oriented registered apprenticeship programs offered by such entity to increase retention, persistence, and completion for students. (2) Requirements Such advising and support services shall include the following: (A) Expanding academic advising programs that provide services to students, including— (i) career advising and professional development; (ii) support for English as a second language students; (iii) information and resource systems; (iv) mentoring systems; or (v) other similar advising activities that support enrollment, retention, persistence, and completion. (B) Expanding student support programs that provide services to students, including— (i) health and family-related services, including substance abuse disorder and mental health counseling; (ii) support for first generation college students; (iii) childcare support; or (iv) other similar support activities. (e) Application requirements An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Report (1) In general An eligible entity that receives a grant under this section shall submit to the Secretary a report on— (A) the activities supported by the grant; (B) the number of students participating in the activities supported by the grant; (C) the percentage of students participating in the activities supported by the grant who are high school students; (D) the progress made in achieving the goals of the program supported by the grant, in general, and measuring in particular— (i) the effectiveness of the grant in expanding overall enrollment and program and apprenticeship completion rates and certification; (ii) the effectiveness of the grant in expanding enrollment and program completion rates for underrepresented populations; and (iii) any progress made towards the type of indicators of performance as described in section 116(b)(2)(A) of the Workforce Innovation and Opportunity ( 29 U.S.C. 3141(b)(2)(A) ); and (E) such other information as the Secretary determines to be appropriate. (2) Timeline for submission of report The report under paragraph (1) shall be submitted to the Secretary not later than 180 days after the date on which the eligible entity concludes the activities supported by the grant under this section. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2024 through 2028. 4. Definitions In this Act: (1) Construction and manufacturing-oriented apprenticeship college The term construction and manufacturing-oriented apprenticeship college means an institution of higher education that is a sponsor of a construction and manufacturing-oriented registered apprenticeship program. (2) Construction and manufacturing-oriented registered apprenticeship program The term construction and manufacturing-oriented registered apprenticeship program means a registered apprenticeship program that— (A) provides coursework and training in preparation for employment in the construction or manufactory industry (such as employment as a painter, drywall finisher, glazier, or glassworker); (B) (i) leads to a recognized postsecondary credential other than a certificate of completion of an apprenticeship; or (ii) awards credits that can be applied toward a recognized postsecondary credential at least at the institution that sponsors the program; and (C) is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part H of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1099a et seq. ). (3) Eligible entity The term eligible entity means a construction and manufacturing-oriented apprenticeship college. (4) First generation college student The term first generation college student has the meaning given the term in section 402A(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(h) ). (5) High school The term high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (7) Outreach The term outreach means communications and relationship-building opportunities undertaken by an eligible entity. (8) Recognized postsecondary credential The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (9) Registered apprenticeship program 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. ). (10) Second language The term second language means any language other than English, including Braille and American Sign Language. (11) Secretary The term Secretary means the Secretary of Education. (12) Underrepresented population The term underrepresented population means an individual who is from a group whose gender, ethnic background, or national origin is not traditionally represented in registered apprenticeship programs.
8,431
[ "Education and the Workforce Committee" ]
118hr6249rfs
118
hr
6,249
rfs
To provide for a review and report on the assistance and resources that the Administrator of the Federal Emergency Management Agency provides to individuals with disabilities and the families of such individuals that are impacted by major disasters, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Think Differently About Emergencies Act.", "id": "H55F00198DD274350AF0CA852C64A3570", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Report to Congress \n(a) In general \nNot later than 120 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report describing the assistance and resources that the Administrator provides for individuals with intellectual and developmental disabilities and the families of such individuals who are impacted by major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) to the following: (1) States. (2) Localities. (3) Nonprofit organizations. (4) Directly to such individuals. (b) Contents \nThe report under subsection (a) shall contain— (1) a description of the resources and best practices that the Administrator makes available to the entities listed in paragraphs (1) through (4) of subsection (a) that are impacted by major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); (2) detail the process the Administrator undertakes to train personnel and deploy such personnel into areas to coordinate with States, localities, and nonprofit organizations to provide assistance and ensure that the needs of individuals with intellectual and developmental disabilities and the families of such individuals are met following such a disaster; (3) list the number of programs the Administrator administers which support individuals with intellectual and developmental disabilities to prepare for and recover from such disasters, including by provide accommodation to such individuals and the families of such individuals; (4) description of outreach activities of the Administration to State, local, and nonprofit experts on addressing the needs of individuals with intellectual and developmental disabilities and the families of such individuals impacted by such disasters; and (5) report that identifies, with respect to individuals with intellectual and developmental disabilities and the families of such individuals, areas for improvement in supporting such individuals and families to prepare for and recover from such disasters.", "id": "HCE4C41E76DAD47E8AECCD66E32CF1A90", "header": "Report to Congress", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report describing the assistance and resources that the Administrator provides for individuals with intellectual and developmental disabilities and the families of such individuals who are impacted by major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) to the following: (1) States. (2) Localities. (3) Nonprofit organizations. (4) Directly to such individuals.", "id": "H7FF2CD4DE6264B77A9F2DDAC2716FF3A", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" } ] }, { "text": "(b) Contents \nThe report under subsection (a) shall contain— (1) a description of the resources and best practices that the Administrator makes available to the entities listed in paragraphs (1) through (4) of subsection (a) that are impacted by major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); (2) detail the process the Administrator undertakes to train personnel and deploy such personnel into areas to coordinate with States, localities, and nonprofit organizations to provide assistance and ensure that the needs of individuals with intellectual and developmental disabilities and the families of such individuals are met following such a disaster; (3) list the number of programs the Administrator administers which support individuals with intellectual and developmental disabilities to prepare for and recover from such disasters, including by provide accommodation to such individuals and the families of such individuals; (4) description of outreach activities of the Administration to State, local, and nonprofit experts on addressing the needs of individuals with intellectual and developmental disabilities and the families of such individuals impacted by such disasters; and (5) report that identifies, with respect to individuals with intellectual and developmental disabilities and the families of such individuals, areas for improvement in supporting such individuals and families to prepare for and recover from such disasters.", "id": "H8AACDA67E16F45AB8086B1C5D512F147", "header": "Contents", "nested": [], "links": [ { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" } ] } ], "links": [ { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" }, { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" } ] }, { "text": "3. Review of assistance and resources \nNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States and the Administrator of the Federal Emergency Management Agency shall each— (1) conduct a review of assistance and resources the Administrator provides to States, localities, nonprofit organizations, and individuals to assist— (A) individuals with intellectual and developmental disabilities; (B) individuals with physical disabilities; and (C) the families of the individuals described in subparagraphs (A) and (B); (2) identify potential legal impediments to providing such assistance and resources; (3) provide to Congress recommendations on how the Administration can— (A) improve such assistance and resources; (B) enhance coordination with States, localities, nonprofit organizations in carrying out such assistance and providing such resources; and (C) streamline the application process and delivery of assistance and resources to individuals described in subparagraphs (A) through (C) of paragraph (1); and (4) provide to Congress recommendations on any legislative reform necessary to improve such assistance and resources.", "id": "H2BAA078A346F4CACBCBC31B9EE754591", "header": "Review of assistance and resources", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Think Differently About Emergencies Act. 2. Report to Congress (a) In general Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report describing the assistance and resources that the Administrator provides for individuals with intellectual and developmental disabilities and the families of such individuals who are impacted by major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) to the following: (1) States. (2) Localities. (3) Nonprofit organizations. (4) Directly to such individuals. (b) Contents The report under subsection (a) shall contain— (1) a description of the resources and best practices that the Administrator makes available to the entities listed in paragraphs (1) through (4) of subsection (a) that are impacted by major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); (2) detail the process the Administrator undertakes to train personnel and deploy such personnel into areas to coordinate with States, localities, and nonprofit organizations to provide assistance and ensure that the needs of individuals with intellectual and developmental disabilities and the families of such individuals are met following such a disaster; (3) list the number of programs the Administrator administers which support individuals with intellectual and developmental disabilities to prepare for and recover from such disasters, including by provide accommodation to such individuals and the families of such individuals; (4) description of outreach activities of the Administration to State, local, and nonprofit experts on addressing the needs of individuals with intellectual and developmental disabilities and the families of such individuals impacted by such disasters; and (5) report that identifies, with respect to individuals with intellectual and developmental disabilities and the families of such individuals, areas for improvement in supporting such individuals and families to prepare for and recover from such disasters. 3. Review of assistance and resources Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States and the Administrator of the Federal Emergency Management Agency shall each— (1) conduct a review of assistance and resources the Administrator provides to States, localities, nonprofit organizations, and individuals to assist— (A) individuals with intellectual and developmental disabilities; (B) individuals with physical disabilities; and (C) the families of the individuals described in subparagraphs (A) and (B); (2) identify potential legal impediments to providing such assistance and resources; (3) provide to Congress recommendations on how the Administration can— (A) improve such assistance and resources; (B) enhance coordination with States, localities, nonprofit organizations in carrying out such assistance and providing such resources; and (C) streamline the application process and delivery of assistance and resources to individuals described in subparagraphs (A) through (C) of paragraph (1); and (4) provide to Congress recommendations on any legislative reform necessary to improve such assistance and resources.
3,585
[ "Homeland Security and Governmental Affairs Committee", "Transportation and Infrastructure Committee" ]
118hr293ih
118
hr
293
ih
To amend the Energy Policy and Conservation Act to prohibit the export or sale of petroleum products from the Strategic Petroleum Reserve to certain entities, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Banning Oil Exports to Foreign Adversaries Act.", "id": "H8F1C50FCD26A4BD0AE89CA02E16372FF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on certain exports \n(a) In general \nThe Energy Policy and Conservation Act is amended by inserting after section 163 ( 42 U.S.C. 6243 ) the following: 164. Prohibition on certain exports \n(a) In general \nThe Secretary shall prohibit the export or sale of petroleum products drawn down from the Strategic Petroleum Reserve, under any provision of law, to— (1) the People’s Republic of China; (2) the Democratic People’s Republic of Korea; (3) the Russian Federation; (4) the Islamic Republic of Iran; (5) any other country the government of which is subject to sanctions imposed by the United States; and (6) any entity owned, controlled, or influenced by— (A) a country referred to in any of paragraphs (1) through (5); or (B) the Chinese Communist Party. (b) Waiver \nThe Secretary may issue a waiver of the prohibition described in subsection (a) if the Secretary certifies that any export or sale authorized pursuant to the waiver is in the national security interests of the United States. (c) Rule \nNot later than 60 days after the date of enactment of the Banning Oil Exports to Foreign Adversaries Act, the Secretary shall issue a rule to carry out this section.. (b) Conforming amendments \n(1) Drawdown and sale of petroleum products \nSection 161(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6241(a) ) is amended by inserting and section 164 before the period at the end. (2) Clerical amendment \nThe table of contents for the Energy Policy and Conservation Act is amended by inserting after the item relating to section 163 the following: Sec. 164. Prohibition on certain exports..", "id": "H2D0CCBEA4648492489189EEF041DB94A", "header": "Prohibition on certain exports", "nested": [ { "text": "(a) In general \nThe Energy Policy and Conservation Act is amended by inserting after section 163 ( 42 U.S.C. 6243 ) the following: 164. Prohibition on certain exports \n(a) In general \nThe Secretary shall prohibit the export or sale of petroleum products drawn down from the Strategic Petroleum Reserve, under any provision of law, to— (1) the People’s Republic of China; (2) the Democratic People’s Republic of Korea; (3) the Russian Federation; (4) the Islamic Republic of Iran; (5) any other country the government of which is subject to sanctions imposed by the United States; and (6) any entity owned, controlled, or influenced by— (A) a country referred to in any of paragraphs (1) through (5); or (B) the Chinese Communist Party. (b) Waiver \nThe Secretary may issue a waiver of the prohibition described in subsection (a) if the Secretary certifies that any export or sale authorized pursuant to the waiver is in the national security interests of the United States. (c) Rule \nNot later than 60 days after the date of enactment of the Banning Oil Exports to Foreign Adversaries Act, the Secretary shall issue a rule to carry out this section..", "id": "H7D0CFE9982C24AA391BA2C45F1E1A307", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 6243", "legal-doc": "usc", "parsable-cite": "usc/42/6243" } ] }, { "text": "(b) Conforming amendments \n(1) Drawdown and sale of petroleum products \nSection 161(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6241(a) ) is amended by inserting and section 164 before the period at the end. (2) Clerical amendment \nThe table of contents for the Energy Policy and Conservation Act is amended by inserting after the item relating to section 163 the following: Sec. 164. Prohibition on certain exports..", "id": "H69D8E16356A9432E841575B057E0985E", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 6241(a)", "legal-doc": "usc", "parsable-cite": "usc/42/6241" } ] } ], "links": [ { "text": "42 U.S.C. 6243", "legal-doc": "usc", "parsable-cite": "usc/42/6243" }, { "text": "42 U.S.C. 6241(a)", "legal-doc": "usc", "parsable-cite": "usc/42/6241" } ] }, { "text": "164. Prohibition on certain exports \n(a) In general \nThe Secretary shall prohibit the export or sale of petroleum products drawn down from the Strategic Petroleum Reserve, under any provision of law, to— (1) the People’s Republic of China; (2) the Democratic People’s Republic of Korea; (3) the Russian Federation; (4) the Islamic Republic of Iran; (5) any other country the government of which is subject to sanctions imposed by the United States; and (6) any entity owned, controlled, or influenced by— (A) a country referred to in any of paragraphs (1) through (5); or (B) the Chinese Communist Party. (b) Waiver \nThe Secretary may issue a waiver of the prohibition described in subsection (a) if the Secretary certifies that any export or sale authorized pursuant to the waiver is in the national security interests of the United States. (c) Rule \nNot later than 60 days after the date of enactment of the Banning Oil Exports to Foreign Adversaries Act, the Secretary shall issue a rule to carry out this section.", "id": "HD1D254574E0E491BAD012701E64B226D", "header": "Prohibition on certain exports", "nested": [ { "text": "(a) In general \nThe Secretary shall prohibit the export or sale of petroleum products drawn down from the Strategic Petroleum Reserve, under any provision of law, to— (1) the People’s Republic of China; (2) the Democratic People’s Republic of Korea; (3) the Russian Federation; (4) the Islamic Republic of Iran; (5) any other country the government of which is subject to sanctions imposed by the United States; and (6) any entity owned, controlled, or influenced by— (A) a country referred to in any of paragraphs (1) through (5); or (B) the Chinese Communist Party.", "id": "H08211E08CF12490FA780C7C6D3194257", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Waiver \nThe Secretary may issue a waiver of the prohibition described in subsection (a) if the Secretary certifies that any export or sale authorized pursuant to the waiver is in the national security interests of the United States.", "id": "HC0868A6EEF0C4B24B947AD4E83447EC4", "header": "Waiver", "nested": [], "links": [] }, { "text": "(c) Rule \nNot later than 60 days after the date of enactment of the Banning Oil Exports to Foreign Adversaries Act, the Secretary shall issue a rule to carry out this section.", "id": "H43BEBBAE82DE4E05954FD906A587F75C", "header": "Rule", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Banning Oil Exports to Foreign Adversaries Act. 2. Prohibition on certain exports (a) In general The Energy Policy and Conservation Act is amended by inserting after section 163 ( 42 U.S.C. 6243 ) the following: 164. Prohibition on certain exports (a) In general The Secretary shall prohibit the export or sale of petroleum products drawn down from the Strategic Petroleum Reserve, under any provision of law, to— (1) the People’s Republic of China; (2) the Democratic People’s Republic of Korea; (3) the Russian Federation; (4) the Islamic Republic of Iran; (5) any other country the government of which is subject to sanctions imposed by the United States; and (6) any entity owned, controlled, or influenced by— (A) a country referred to in any of paragraphs (1) through (5); or (B) the Chinese Communist Party. (b) Waiver The Secretary may issue a waiver of the prohibition described in subsection (a) if the Secretary certifies that any export or sale authorized pursuant to the waiver is in the national security interests of the United States. (c) Rule Not later than 60 days after the date of enactment of the Banning Oil Exports to Foreign Adversaries Act, the Secretary shall issue a rule to carry out this section.. (b) Conforming amendments (1) Drawdown and sale of petroleum products Section 161(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6241(a) ) is amended by inserting and section 164 before the period at the end. (2) Clerical amendment The table of contents for the Energy Policy and Conservation Act is amended by inserting after the item relating to section 163 the following: Sec. 164. Prohibition on certain exports.. 164. Prohibition on certain exports (a) In general The Secretary shall prohibit the export or sale of petroleum products drawn down from the Strategic Petroleum Reserve, under any provision of law, to— (1) the People’s Republic of China; (2) the Democratic People’s Republic of Korea; (3) the Russian Federation; (4) the Islamic Republic of Iran; (5) any other country the government of which is subject to sanctions imposed by the United States; and (6) any entity owned, controlled, or influenced by— (A) a country referred to in any of paragraphs (1) through (5); or (B) the Chinese Communist Party. (b) Waiver The Secretary may issue a waiver of the prohibition described in subsection (a) if the Secretary certifies that any export or sale authorized pursuant to the waiver is in the national security interests of the United States. (c) Rule Not later than 60 days after the date of enactment of the Banning Oil Exports to Foreign Adversaries Act, the Secretary shall issue a rule to carry out this section.
2,726
[ "Energy and Commerce Committee" ]
118hr7201ih
118
hr
7,201
ih
To secure Federal access to scientific literature and other subscription services by requiring Federal agencies and legislative branch research arms to make recommendations on increasing agency library access to serials, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Well-Informed, Scientific, & Efficient Government Act of 2024 or the WISE Government Act of 2024.", "id": "HA72F1BCDDCAB4EB6AA16ED05A5AD5F00", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Agency journal subscriptions \n(a) Prohibition on nondisclosure provision for journal subscriptions \nThe head of an agency may not enter into any contract for a journal subscription that prohibits disclosure of the cost of the subscription to another agency or the Library of Congress. (b) Employee access to library subscriptions \nNot later than 6 months after the date of the enactment of this Act, the head of each agency shall require that each library of the agency make easily and clearly available to the employees of the agency, including regional employees, through the intranet any policy or procedure for employee access to a subscription of the library. (c) Report on increasing access to serials \nNot later than 12 months after the date of the enactment of this Act, the Administrator, in consultation with the Library of Congress, the applicable agency libraries, and other relevant stakeholders (including the Defense Technical Information Center, the National Library of Medicine, the Education Resources Information Center, and the National Technical Information Service) shall submit to Congress and each agency library a report on increasing agency library access to serials that includes— (1) a survey of subscriptions purchased and cost data for applicable agency libraries and the Library of Congress; (2) an outline of any issues with agency access to scientific serials and subscriptions, which may include contract issues, concerns arising with new publishing media (including print, online, and aggregated services), the ability of agency employees to use agency library subscriptions in headquarters and regional offices, purchasing system inefficiencies, and price concerns; and (3) recommendations on addressing issues, including short-term and long-term solutions and assessing the potential need for greater interagency transparency and new purchasing models. (d) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of General Services. (2) Agency \nThe term agency has the meaning given that term in section 551 of title 5, United States Code. (3) Applicable agency library \nThe term applicable agency library means the libraries of— (A) the Executive departments listed in section 101 of title 5, United States Code; (B) the military departments listed in section 102 of title 5, United States Code; and (C) any agency with a scientific focus, including the Environmental Protection Agency and the National Aeronautics and Space Administration. (4) Director \nThe term Director means the Director of the Office of Management and Budget. (e) Rule of construction \nNothing in this section may be construed as requiring the disclosure of matters that are otherwise not subject to disclosure under section 552(b) of title 5, United States Code (commonly referred to as the Freedom of Information Act).", "id": "H35C736682F3A407D9A09FBB8220A6EFD", "header": "Agency journal subscriptions", "nested": [ { "text": "(a) Prohibition on nondisclosure provision for journal subscriptions \nThe head of an agency may not enter into any contract for a journal subscription that prohibits disclosure of the cost of the subscription to another agency or the Library of Congress.", "id": "H25056C2169CB45BBA2A27C7D962844F5", "header": "Prohibition on nondisclosure provision for journal subscriptions", "nested": [], "links": [] }, { "text": "(b) Employee access to library subscriptions \nNot later than 6 months after the date of the enactment of this Act, the head of each agency shall require that each library of the agency make easily and clearly available to the employees of the agency, including regional employees, through the intranet any policy or procedure for employee access to a subscription of the library.", "id": "HECC1010E34E5420A9EF9A8DAA99E4C36", "header": "Employee access to library subscriptions", "nested": [], "links": [] }, { "text": "(c) Report on increasing access to serials \nNot later than 12 months after the date of the enactment of this Act, the Administrator, in consultation with the Library of Congress, the applicable agency libraries, and other relevant stakeholders (including the Defense Technical Information Center, the National Library of Medicine, the Education Resources Information Center, and the National Technical Information Service) shall submit to Congress and each agency library a report on increasing agency library access to serials that includes— (1) a survey of subscriptions purchased and cost data for applicable agency libraries and the Library of Congress; (2) an outline of any issues with agency access to scientific serials and subscriptions, which may include contract issues, concerns arising with new publishing media (including print, online, and aggregated services), the ability of agency employees to use agency library subscriptions in headquarters and regional offices, purchasing system inefficiencies, and price concerns; and (3) recommendations on addressing issues, including short-term and long-term solutions and assessing the potential need for greater interagency transparency and new purchasing models.", "id": "H77402606F8934F778C8FB2AC293E3F82", "header": "Report on increasing access to serials", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of General Services. (2) Agency \nThe term agency has the meaning given that term in section 551 of title 5, United States Code. (3) Applicable agency library \nThe term applicable agency library means the libraries of— (A) the Executive departments listed in section 101 of title 5, United States Code; (B) the military departments listed in section 102 of title 5, United States Code; and (C) any agency with a scientific focus, including the Environmental Protection Agency and the National Aeronautics and Space Administration. (4) Director \nThe term Director means the Director of the Office of Management and Budget.", "id": "H3BF1F89885294B44936E89D4EA81179D", "header": "Definitions", "nested": [], "links": [] }, { "text": "(e) Rule of construction \nNothing in this section may be construed as requiring the disclosure of matters that are otherwise not subject to disclosure under section 552(b) of title 5, United States Code (commonly referred to as the Freedom of Information Act).", "id": "H9782B2601C0C482DBA4E82A80635FF4D", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Well-Informed, Scientific, & Efficient Government Act of 2024 or the WISE Government Act of 2024. 2. Agency journal subscriptions (a) Prohibition on nondisclosure provision for journal subscriptions The head of an agency may not enter into any contract for a journal subscription that prohibits disclosure of the cost of the subscription to another agency or the Library of Congress. (b) Employee access to library subscriptions Not later than 6 months after the date of the enactment of this Act, the head of each agency shall require that each library of the agency make easily and clearly available to the employees of the agency, including regional employees, through the intranet any policy or procedure for employee access to a subscription of the library. (c) Report on increasing access to serials Not later than 12 months after the date of the enactment of this Act, the Administrator, in consultation with the Library of Congress, the applicable agency libraries, and other relevant stakeholders (including the Defense Technical Information Center, the National Library of Medicine, the Education Resources Information Center, and the National Technical Information Service) shall submit to Congress and each agency library a report on increasing agency library access to serials that includes— (1) a survey of subscriptions purchased and cost data for applicable agency libraries and the Library of Congress; (2) an outline of any issues with agency access to scientific serials and subscriptions, which may include contract issues, concerns arising with new publishing media (including print, online, and aggregated services), the ability of agency employees to use agency library subscriptions in headquarters and regional offices, purchasing system inefficiencies, and price concerns; and (3) recommendations on addressing issues, including short-term and long-term solutions and assessing the potential need for greater interagency transparency and new purchasing models. (d) Definitions In this section: (1) Administrator The term Administrator means the Administrator of General Services. (2) Agency The term agency has the meaning given that term in section 551 of title 5, United States Code. (3) Applicable agency library The term applicable agency library means the libraries of— (A) the Executive departments listed in section 101 of title 5, United States Code; (B) the military departments listed in section 102 of title 5, United States Code; and (C) any agency with a scientific focus, including the Environmental Protection Agency and the National Aeronautics and Space Administration. (4) Director The term Director means the Director of the Office of Management and Budget. (e) Rule of construction Nothing in this section may be construed as requiring the disclosure of matters that are otherwise not subject to disclosure under section 552(b) of title 5, United States Code (commonly referred to as the Freedom of Information Act).
3,017
[ "Oversight and Accountability Committee" ]
118hr7425ih
118
hr
7,425
ih
To amend the Internal Revenue Code of 1986 to provide a deduction for certain newborn expenses.
[ { "text": "1. Deduction for certain newborn expenses \n(a) In general \nPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 213 the following new section: 214. Certain newborn expenses \n(a) In general \nIn the case of an individual, there shall be allowed as a deduction the qualified newborn expenses paid by the taxpayer for a qualifying child of the taxpayer during the taxable year which includes the date of such child’s birth. (b) Limitations \n(1) Maximum deduction \nThe qualified newborn expenses taken into account under subsection (a) with respect to any qualifying child shall not exceed $5,000. (2) Limitation based on modified adjusted gross income \nNo deduction shall be allowed under subsection to any taxpayer for any taxable year if such taxpayer’s modified adjusted gross income for such taxable year exceeds $100,000 ($200,000, in the case of a joint return). (3) Modified adjusted gross income \nFor purposes of this subsection, the term modified adjusted gross income means adjusted gross income determined without regard to this section and increased by any amount excluded from gross income under section 911, 931, or 933. (c) Qualified newborn expenses \nFor purposes of this section, the term qualified newborn expenses means amount paid for infant formula, baby bottles, diapers, infant car seat, baby stroller, and a crib. Not more than one infant car seat, one baby stroller, and one crib shall be taken into account under this section with respect to any qualifying child. (d) Social security number requirements \n(1) Taxpayer \nNo deduction shall be allowed under subsection (a) for any taxable year unless the taxpayer includes the social security number of the taxpayer (in the case of a joint return, the social security number of either spouse) on the return of tax for such taxable year. (2) Qualifying child \nQualified newborn expenses of a qualifying child shall not be taken into account under this section for any taxable year unless the taxpayer includes the social security number of such qualifying child on the return of tax for such taxable year. (3) Social security number \nFor purposes of this subsection— (A) In general \nThe term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (i) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that related to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (ii) before the due date of the return of tax on which such number is required to be included. (B) Adoption taxpayer identification numbers \nFor purposes of paragraph (2), in the case of a qualifying child who is adopted or placed for adoption, the term social security number shall include the adoption taxpayer identification number of such child. (e) Election To determine deduction for taxable year following birth year \nIf the taxpayer elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualifying child, subsection (a) shall be applied with respect to such qualifying child by substituting the taxable year immediately following the taxable year for the taxable year. (f) Qualifying child \nFor purposes of this section, the term qualifying child has the meaning given such term by section 152. (g) Termination \nNo credit shall be allowed under this section for any taxable year beginning after December 31, 2029.. (b) Deduction allowed whether or not taxpayer itemizes \nSection 62(a) of such Code is amended by inserting after paragraph (7) the following new paragraph: (8) Certain newborn expenses \nThe deduction allowed by section 214.. (c) Omission of correct social security number treated as a mathematical or clerical error \nSection 6213(g)(2) of such Code is amended by striking and at the end of subparagraph (U), by striking the period at the end of subparagraph (V) and inserting , and , and by inserting after subparagraph (V) the following new subparagraph: (W) an omission of a correct social security number under paragraph (1) or (2) of section 214(d) to be included on the return.. (d) Clerical amendment \nPart VII of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 213 the following new item: Sec. 214. Certain newborn expenses.. (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2024.", "id": "H64BE6BE9F2534FEEB9B842B24ED2E487", "header": "Deduction for certain newborn expenses", "nested": [ { "text": "(a) In general \nPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 213 the following new section: 214. Certain newborn expenses \n(a) In general \nIn the case of an individual, there shall be allowed as a deduction the qualified newborn expenses paid by the taxpayer for a qualifying child of the taxpayer during the taxable year which includes the date of such child’s birth. (b) Limitations \n(1) Maximum deduction \nThe qualified newborn expenses taken into account under subsection (a) with respect to any qualifying child shall not exceed $5,000. (2) Limitation based on modified adjusted gross income \nNo deduction shall be allowed under subsection to any taxpayer for any taxable year if such taxpayer’s modified adjusted gross income for such taxable year exceeds $100,000 ($200,000, in the case of a joint return). (3) Modified adjusted gross income \nFor purposes of this subsection, the term modified adjusted gross income means adjusted gross income determined without regard to this section and increased by any amount excluded from gross income under section 911, 931, or 933. (c) Qualified newborn expenses \nFor purposes of this section, the term qualified newborn expenses means amount paid for infant formula, baby bottles, diapers, infant car seat, baby stroller, and a crib. Not more than one infant car seat, one baby stroller, and one crib shall be taken into account under this section with respect to any qualifying child. (d) Social security number requirements \n(1) Taxpayer \nNo deduction shall be allowed under subsection (a) for any taxable year unless the taxpayer includes the social security number of the taxpayer (in the case of a joint return, the social security number of either spouse) on the return of tax for such taxable year. (2) Qualifying child \nQualified newborn expenses of a qualifying child shall not be taken into account under this section for any taxable year unless the taxpayer includes the social security number of such qualifying child on the return of tax for such taxable year. (3) Social security number \nFor purposes of this subsection— (A) In general \nThe term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (i) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that related to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (ii) before the due date of the return of tax on which such number is required to be included. (B) Adoption taxpayer identification numbers \nFor purposes of paragraph (2), in the case of a qualifying child who is adopted or placed for adoption, the term social security number shall include the adoption taxpayer identification number of such child. (e) Election To determine deduction for taxable year following birth year \nIf the taxpayer elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualifying child, subsection (a) shall be applied with respect to such qualifying child by substituting the taxable year immediately following the taxable year for the taxable year. (f) Qualifying child \nFor purposes of this section, the term qualifying child has the meaning given such term by section 152. (g) Termination \nNo credit shall be allowed under this section for any taxable year beginning after December 31, 2029..", "id": "H2AE87D1C736147728FA1A44E2BDBB34F", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Deduction allowed whether or not taxpayer itemizes \nSection 62(a) of such Code is amended by inserting after paragraph (7) the following new paragraph: (8) Certain newborn expenses \nThe deduction allowed by section 214..", "id": "H8951662C6956471FB291764DF3F179BD", "header": "Deduction allowed whether or not taxpayer itemizes", "nested": [], "links": [] }, { "text": "(c) Omission of correct social security number treated as a mathematical or clerical error \nSection 6213(g)(2) of such Code is amended by striking and at the end of subparagraph (U), by striking the period at the end of subparagraph (V) and inserting , and , and by inserting after subparagraph (V) the following new subparagraph: (W) an omission of a correct social security number under paragraph (1) or (2) of section 214(d) to be included on the return..", "id": "H64F7E118D906484591EE421103AE8F24", "header": "Omission of correct social security number treated as a mathematical or clerical error", "nested": [], "links": [] }, { "text": "(d) Clerical amendment \nPart VII of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 213 the following new item: Sec. 214. Certain newborn expenses..", "id": "H7954823BEC3345B88160E58362F3CC70", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2024.", "id": "H373C97020CAE4B52A3633C6D3D84BD07", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "214. Certain newborn expenses \n(a) In general \nIn the case of an individual, there shall be allowed as a deduction the qualified newborn expenses paid by the taxpayer for a qualifying child of the taxpayer during the taxable year which includes the date of such child’s birth. (b) Limitations \n(1) Maximum deduction \nThe qualified newborn expenses taken into account under subsection (a) with respect to any qualifying child shall not exceed $5,000. (2) Limitation based on modified adjusted gross income \nNo deduction shall be allowed under subsection to any taxpayer for any taxable year if such taxpayer’s modified adjusted gross income for such taxable year exceeds $100,000 ($200,000, in the case of a joint return). (3) Modified adjusted gross income \nFor purposes of this subsection, the term modified adjusted gross income means adjusted gross income determined without regard to this section and increased by any amount excluded from gross income under section 911, 931, or 933. (c) Qualified newborn expenses \nFor purposes of this section, the term qualified newborn expenses means amount paid for infant formula, baby bottles, diapers, infant car seat, baby stroller, and a crib. Not more than one infant car seat, one baby stroller, and one crib shall be taken into account under this section with respect to any qualifying child. (d) Social security number requirements \n(1) Taxpayer \nNo deduction shall be allowed under subsection (a) for any taxable year unless the taxpayer includes the social security number of the taxpayer (in the case of a joint return, the social security number of either spouse) on the return of tax for such taxable year. (2) Qualifying child \nQualified newborn expenses of a qualifying child shall not be taken into account under this section for any taxable year unless the taxpayer includes the social security number of such qualifying child on the return of tax for such taxable year. (3) Social security number \nFor purposes of this subsection— (A) In general \nThe term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (i) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that related to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (ii) before the due date of the return of tax on which such number is required to be included. (B) Adoption taxpayer identification numbers \nFor purposes of paragraph (2), in the case of a qualifying child who is adopted or placed for adoption, the term social security number shall include the adoption taxpayer identification number of such child. (e) Election To determine deduction for taxable year following birth year \nIf the taxpayer elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualifying child, subsection (a) shall be applied with respect to such qualifying child by substituting the taxable year immediately following the taxable year for the taxable year. (f) Qualifying child \nFor purposes of this section, the term qualifying child has the meaning given such term by section 152. (g) Termination \nNo credit shall be allowed under this section for any taxable year beginning after December 31, 2029.", "id": "H57CF133CAD54461895EDDFA24825E644", "header": "Certain newborn expenses", "nested": [ { "text": "(a) In general \nIn the case of an individual, there shall be allowed as a deduction the qualified newborn expenses paid by the taxpayer for a qualifying child of the taxpayer during the taxable year which includes the date of such child’s birth.", "id": "HE29245FC618B4B29B2F7E06CF436ADC3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Limitations \n(1) Maximum deduction \nThe qualified newborn expenses taken into account under subsection (a) with respect to any qualifying child shall not exceed $5,000. (2) Limitation based on modified adjusted gross income \nNo deduction shall be allowed under subsection to any taxpayer for any taxable year if such taxpayer’s modified adjusted gross income for such taxable year exceeds $100,000 ($200,000, in the case of a joint return). (3) Modified adjusted gross income \nFor purposes of this subsection, the term modified adjusted gross income means adjusted gross income determined without regard to this section and increased by any amount excluded from gross income under section 911, 931, or 933.", "id": "H828E60161A524FE0BE1DF442CE511890", "header": "Limitations", "nested": [], "links": [] }, { "text": "(c) Qualified newborn expenses \nFor purposes of this section, the term qualified newborn expenses means amount paid for infant formula, baby bottles, diapers, infant car seat, baby stroller, and a crib. Not more than one infant car seat, one baby stroller, and one crib shall be taken into account under this section with respect to any qualifying child.", "id": "H1BC8FE8FD0EC40929FB48D6626C07147", "header": "Qualified newborn expenses", "nested": [], "links": [] }, { "text": "(d) Social security number requirements \n(1) Taxpayer \nNo deduction shall be allowed under subsection (a) for any taxable year unless the taxpayer includes the social security number of the taxpayer (in the case of a joint return, the social security number of either spouse) on the return of tax for such taxable year. (2) Qualifying child \nQualified newborn expenses of a qualifying child shall not be taken into account under this section for any taxable year unless the taxpayer includes the social security number of such qualifying child on the return of tax for such taxable year. (3) Social security number \nFor purposes of this subsection— (A) In general \nThe term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (i) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that related to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (ii) before the due date of the return of tax on which such number is required to be included. (B) Adoption taxpayer identification numbers \nFor purposes of paragraph (2), in the case of a qualifying child who is adopted or placed for adoption, the term social security number shall include the adoption taxpayer identification number of such child.", "id": "H71AC382D1E5840A6ACF2FFDA81D0BCA8", "header": "Social security number requirements", "nested": [], "links": [] }, { "text": "(e) Election To determine deduction for taxable year following birth year \nIf the taxpayer elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualifying child, subsection (a) shall be applied with respect to such qualifying child by substituting the taxable year immediately following the taxable year for the taxable year.", "id": "H5F394070587244A9957A4A880292B4DE", "header": "Election To determine deduction for taxable year following birth year", "nested": [], "links": [] }, { "text": "(f) Qualifying child \nFor purposes of this section, the term qualifying child has the meaning given such term by section 152.", "id": "HF5F94B53F48A4C77B530EE9D6874B11C", "header": "Qualifying child", "nested": [], "links": [] }, { "text": "(g) Termination \nNo credit shall be allowed under this section for any taxable year beginning after December 31, 2029.", "id": "H1DAF261AB745448A93AFCA21470CE7EA", "header": "Termination", "nested": [], "links": [] } ], "links": [] } ]
2
1. Deduction for certain newborn expenses (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 213 the following new section: 214. Certain newborn expenses (a) In general In the case of an individual, there shall be allowed as a deduction the qualified newborn expenses paid by the taxpayer for a qualifying child of the taxpayer during the taxable year which includes the date of such child’s birth. (b) Limitations (1) Maximum deduction The qualified newborn expenses taken into account under subsection (a) with respect to any qualifying child shall not exceed $5,000. (2) Limitation based on modified adjusted gross income No deduction shall be allowed under subsection to any taxpayer for any taxable year if such taxpayer’s modified adjusted gross income for such taxable year exceeds $100,000 ($200,000, in the case of a joint return). (3) Modified adjusted gross income For purposes of this subsection, the term modified adjusted gross income means adjusted gross income determined without regard to this section and increased by any amount excluded from gross income under section 911, 931, or 933. (c) Qualified newborn expenses For purposes of this section, the term qualified newborn expenses means amount paid for infant formula, baby bottles, diapers, infant car seat, baby stroller, and a crib. Not more than one infant car seat, one baby stroller, and one crib shall be taken into account under this section with respect to any qualifying child. (d) Social security number requirements (1) Taxpayer No deduction shall be allowed under subsection (a) for any taxable year unless the taxpayer includes the social security number of the taxpayer (in the case of a joint return, the social security number of either spouse) on the return of tax for such taxable year. (2) Qualifying child Qualified newborn expenses of a qualifying child shall not be taken into account under this section for any taxable year unless the taxpayer includes the social security number of such qualifying child on the return of tax for such taxable year. (3) Social security number For purposes of this subsection— (A) In general The term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (i) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that related to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (ii) before the due date of the return of tax on which such number is required to be included. (B) Adoption taxpayer identification numbers For purposes of paragraph (2), in the case of a qualifying child who is adopted or placed for adoption, the term social security number shall include the adoption taxpayer identification number of such child. (e) Election To determine deduction for taxable year following birth year If the taxpayer elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualifying child, subsection (a) shall be applied with respect to such qualifying child by substituting the taxable year immediately following the taxable year for the taxable year. (f) Qualifying child For purposes of this section, the term qualifying child has the meaning given such term by section 152. (g) Termination No credit shall be allowed under this section for any taxable year beginning after December 31, 2029.. (b) Deduction allowed whether or not taxpayer itemizes Section 62(a) of such Code is amended by inserting after paragraph (7) the following new paragraph: (8) Certain newborn expenses The deduction allowed by section 214.. (c) Omission of correct social security number treated as a mathematical or clerical error Section 6213(g)(2) of such Code is amended by striking and at the end of subparagraph (U), by striking the period at the end of subparagraph (V) and inserting , and , and by inserting after subparagraph (V) the following new subparagraph: (W) an omission of a correct social security number under paragraph (1) or (2) of section 214(d) to be included on the return.. (d) Clerical amendment Part VII of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 213 the following new item: Sec. 214. Certain newborn expenses.. (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2024. 214. Certain newborn expenses (a) In general In the case of an individual, there shall be allowed as a deduction the qualified newborn expenses paid by the taxpayer for a qualifying child of the taxpayer during the taxable year which includes the date of such child’s birth. (b) Limitations (1) Maximum deduction The qualified newborn expenses taken into account under subsection (a) with respect to any qualifying child shall not exceed $5,000. (2) Limitation based on modified adjusted gross income No deduction shall be allowed under subsection to any taxpayer for any taxable year if such taxpayer’s modified adjusted gross income for such taxable year exceeds $100,000 ($200,000, in the case of a joint return). (3) Modified adjusted gross income For purposes of this subsection, the term modified adjusted gross income means adjusted gross income determined without regard to this section and increased by any amount excluded from gross income under section 911, 931, or 933. (c) Qualified newborn expenses For purposes of this section, the term qualified newborn expenses means amount paid for infant formula, baby bottles, diapers, infant car seat, baby stroller, and a crib. Not more than one infant car seat, one baby stroller, and one crib shall be taken into account under this section with respect to any qualifying child. (d) Social security number requirements (1) Taxpayer No deduction shall be allowed under subsection (a) for any taxable year unless the taxpayer includes the social security number of the taxpayer (in the case of a joint return, the social security number of either spouse) on the return of tax for such taxable year. (2) Qualifying child Qualified newborn expenses of a qualifying child shall not be taken into account under this section for any taxable year unless the taxpayer includes the social security number of such qualifying child on the return of tax for such taxable year. (3) Social security number For purposes of this subsection— (A) In general The term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (i) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that related to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (ii) before the due date of the return of tax on which such number is required to be included. (B) Adoption taxpayer identification numbers For purposes of paragraph (2), in the case of a qualifying child who is adopted or placed for adoption, the term social security number shall include the adoption taxpayer identification number of such child. (e) Election To determine deduction for taxable year following birth year If the taxpayer elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualifying child, subsection (a) shall be applied with respect to such qualifying child by substituting the taxable year immediately following the taxable year for the taxable year. (f) Qualifying child For purposes of this section, the term qualifying child has the meaning given such term by section 152. (g) Termination No credit shall be allowed under this section for any taxable year beginning after December 31, 2029.
7,946
[ "Ways and Means Committee" ]
118hr3506rfs
118
hr
3,506
rfs
To make technical amendments to update statutory references to certain provisions classified to title 7, title 20, and title 43, United States Code, and to correct related technical errors.
[ { "text": "1. Title 5, United States Code \nSection 5109(a) of title 5, United States Code, is amended by striking section 450d of title 7 and inserting section 2204–2 of title 7.", "id": "id7nbd7m4u-8eb2-tcr3-lu2t-rrwz3l7hb1ii", "header": "Title 5, United States Code", "nested": [], "links": [] }, { "text": "2. Title 7, United States Code \n(1) Section 32(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136w–7(a)(1) ) is amended by striking ( 7 U.S.C. 450i(e) ) and inserting ( 7 U.S.C. 3157(e) ). (2) Section 33(b)(7)(E)(i) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136w–8(b)(7)(E)(i) ) is amended by striking ( 7 U.S.C. 450i(e) ) and inserting ( 7 U.S.C. 3157(e) ). (3) Section 7521(b) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 3202(b) ) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(b) ). (4) Section 1445(b)(3)(B) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3222(b)(3)(B) ) is amended— (A) by striking (79 Stat. 431; 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157 ) ; and (B) by inserting ( 7 U.S.C. 3157 ) after available under section 2 of the Act of August 4, 1965. (5) Section 1463(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3311(c) ) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(b) , (c)). (6) Section 1469(a)(1) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3315(a)(1) ) is amended by striking sections 2(e), 2(f), and 2(h) of the Act of August 4, 1965 (79 Stat. 431; 7 U.S.C. 450i ) and inserting sections 2(f), 2(g), and 2(i) of the Act of August 4, 1965 ( 7 U.S.C. 3157(f) , (g), (i)). (7) Section 1473 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319 ) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(c)(1)(B) ). (8) Section 1671(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5924(d) ) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (9) Section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925 ) is amended as follows: (A) Subsection (b)(1) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (B) Subsection (e)(3) is amended by striking ( 7 U.S.C. 450i(b) ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (10) Section 1672B(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925b(b) ) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (11) Section 1672D(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925f(c) ) is amended by striking ( 7 U.S.C. 450i(b) ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (12) Section 1673(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5926(b) ) is amended by striking ( 7 U.S.C. 450i(b)(7) ) and inserting ( 7 U.S.C. 3157(b)(7) ). (13) Section 251(f)(1)(D)(i) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971(f)(1)(D)(i) ) is amended by striking ( 7 U.S.C. 450i(b) ) and inserting ( 7 U.S.C. 3157(b) ). (14) Section 413(e)(2) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7633(e)(2) ) is amended by striking ( 7 U.S.C. 450i(b) ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (15) Section 617(c)(3) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7655b(c)(3) ) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (16) Section 7526(c)(1)(A)(i) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8114(c)(1)(A)(i) ) is amended by striking ( 7 U.S.C. 450i(b)(7) ) and inserting ( 7 U.S.C. 3157(b)(7) ). (17) The last proviso in the 1st paragraph under the heading Animal and Plant Health Inspection Service in title I of H.R. 3037, 99th Congress, incorporated by reference in section 101(a) of Public Law 99–190 , and enacted into law by section 106 of Public Law 100–202 ( 7 U.S.C. 8351 note) is amended by striking (46 Stat. 1468; 7 U.S.C. 426–426b ) and inserting ( 7 U.S.C. 8351 , 8352). (18) Section 749 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 ( 7 U.S.C. 8354 ) is amended by striking sections 426–426c of title 7, United States Code and inserting “the Act of March 2, 1931 ( 7 U.S.C. 8351 , 8352), and the last proviso in the 1st paragraph under the heading ‘ Animal and Plant Health Inspection Service ’ in title I of the Rural Development, Agriculture, and Related Agencies Appropriations Act, 1988 ( 7 U.S.C. 8353 )”.", "id": "id0nq4qqmp-or48-88l5-i5rw-h099t8wzstbp", "header": "Title 7, United States Code", "nested": [], "links": [ { "text": "7 U.S.C. 136w–7(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/7/136w-7" }, { "text": "7 U.S.C. 450i(e)", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(e)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 136w–8(b)(7)(E)(i)", "legal-doc": "usc", "parsable-cite": "usc/7/136w-8" }, { "text": "7 U.S.C. 450i(e)", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(e)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 3202(b)", "legal-doc": "usc", "parsable-cite": "usc/7/3202" }, { "text": "7 U.S.C. 450i", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(b)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 3222(b)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/7/3222" }, { "text": "7 U.S.C. 450i", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 3157", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 3311(c)", "legal-doc": "usc", "parsable-cite": "usc/7/3311" }, { "text": "7 U.S.C. 450i", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(b)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 3315(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/7/3315" }, { "text": "7 U.S.C. 450i", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(f)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 3319", "legal-doc": "usc", "parsable-cite": "usc/7/3319" }, { "text": "7 U.S.C. 450i", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(c)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 5924(d)", "legal-doc": "usc", "parsable-cite": "usc/7/5924" }, { "text": "7 U.S.C. 450i", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 5925", "legal-doc": "usc", "parsable-cite": "usc/7/5925" }, { "text": "7 U.S.C. 450i", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 450i(b)", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 5925b(b)", "legal-doc": "usc", "parsable-cite": "usc/7/5925b" }, { "text": "7 U.S.C. 450i", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 5925f(c)", "legal-doc": "usc", "parsable-cite": "usc/7/5925f" }, { "text": "7 U.S.C. 450i(b)", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 5926(b)", "legal-doc": "usc", "parsable-cite": "usc/7/5926" }, { "text": "7 U.S.C. 450i(b)(7)", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(b)(7)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 6971(f)(1)(D)(i)", "legal-doc": "usc", "parsable-cite": "usc/7/6971" }, { "text": "7 U.S.C. 450i(b)", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(b)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 7633(e)(2)", "legal-doc": "usc", "parsable-cite": "usc/7/7633" }, { "text": "7 U.S.C. 450i(b)", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 7655b(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/7/7655b" }, { "text": "7 U.S.C. 450i", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "7 U.S.C. 8114(c)(1)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/7/8114" }, { "text": "7 U.S.C. 450i(b)(7)", "legal-doc": "usc", "parsable-cite": "usc/7/450i" }, { "text": "7 U.S.C. 3157(b)(7)", "legal-doc": "usc", "parsable-cite": "usc/7/3157" }, { "text": "Public Law 99–190", "legal-doc": "public-law", "parsable-cite": "pl/99/190" }, { "text": "Public Law 100–202", "legal-doc": "public-law", "parsable-cite": "pl/100/202" }, { "text": "7 U.S.C. 8351", "legal-doc": "usc", "parsable-cite": "usc/7/8351" }, { "text": "7 U.S.C. 426–426b", "legal-doc": "usc", "parsable-cite": "usc/7/426-426b" }, { "text": "7 U.S.C. 8351", "legal-doc": "usc", "parsable-cite": "usc/7/8351" }, { "text": "7 U.S.C. 8354", "legal-doc": "usc", "parsable-cite": "usc/7/8354" }, { "text": "7 U.S.C. 8351", "legal-doc": "usc", "parsable-cite": "usc/7/8351" }, { "text": "7 U.S.C. 8353", "legal-doc": "usc", "parsable-cite": "usc/7/8353" } ] }, { "text": "3. Title 11, United States Code \nSection 541(b)(3) of title 11, United States Code, is amended by striking ( 20 U.S.C. 1001 et seq. ; 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1001 et seq. ).", "id": "idspfgr9bq-oy3e-2l8o-tqol-q8oay5j4n7fs", "header": "Title 11, United States Code", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "42 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2751" }, { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "4. Title 16, United States Code \n(1) Section 339(f)(4)(D) of the Department of the Interior and Related Agencies Appropriations Act, 2000 ( Public Law 106–113 , division B, section 1000(a)(3), 16 U.S.C. 528 note) is amended by— (A) striking The Act of August 8, 1937 and inserting The Act of August 28, 1937 ( 43 U.S.C. 2601 et seq. ) ; and (B) striking the Act of May 24, 1939 ( 43 U.S.C. 1181a et seq. ) and inserting the Act of May 24, 1939 ( 43 U.S.C. 2621 et seq. ). (2) The 4th proviso in the last paragraph under the heading federal aid in wildlife restoration in the Interior Department Appropriation Act, 1943 ( 16 U.S.C. 753 ) is amended by striking ( 5 U.S.C. 563–564 ) and inserting ( 7 U.S.C. 2279i , 2220). (3) Section 7(c) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103c(c) ) is amended by striking ( 7 U.S.C. 428a(a) and inserting ( 7 U.S.C. 2268a(a) ). (4) Section 10(3) of the Fish and Wildlife Conservation Act of 1980 ( 16 U.S.C. 2909(3) ) is amended by striking (46 Stat. 1468–1469; 7 U.S.C. 426–426b ) and inserting ( 7 U.S.C. 8351 , 8352). (5) Section 814(b)(5) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6813(b)(5) ) is amended by— (A) striking August 8, 1937 and inserting August 28, 1937 ( 43 U.S.C. 2601 note, 2605) ; and (B) striking ( 43 U.S.C. 1181f et seq. ) and inserting ( 43 U.S.C. 2621 et seq. ). (6) Section 3(10) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7102(10) ) is amended by— (A) striking (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f ) and inserting ( 43 U.S.C. 2605 ) ; and (B) striking (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f–1 et seq. ) and inserting ( 43 U.S.C. 2621 et seq. ).", "id": "idi8vn124l-tvr7-1hut-9r64-431423tl44j1", "header": "Title 16, United States Code", "nested": [], "links": [ { "text": "Public Law 106–113", "legal-doc": "public-law", "parsable-cite": "pl/106/113" }, { "text": "16 U.S.C. 528", "legal-doc": "usc", "parsable-cite": "usc/16/528" }, { "text": "43 U.S.C. 2601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2601" }, { "text": "43 U.S.C. 1181a et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1181a" }, { "text": "43 U.S.C. 2621 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2621" }, { "text": "16 U.S.C. 753", "legal-doc": "usc", "parsable-cite": "usc/16/753" }, { "text": "5 U.S.C. 563–564", "legal-doc": "usc", "parsable-cite": "usc/5/563" }, { "text": "7 U.S.C. 2279i", "legal-doc": "usc", "parsable-cite": "usc/7/2279i" }, { "text": "16 U.S.C. 2103c(c)", "legal-doc": "usc", "parsable-cite": "usc/16/2103c" }, { "text": "7 U.S.C. 428a(a)", "legal-doc": "usc", "parsable-cite": "usc/7/428a" }, { "text": "7 U.S.C. 2268a(a)", "legal-doc": "usc", "parsable-cite": "usc/7/2268a" }, { "text": "16 U.S.C. 2909(3)", "legal-doc": "usc", "parsable-cite": "usc/16/2909" }, { "text": "7 U.S.C. 426–426b", "legal-doc": "usc", "parsable-cite": "usc/7/426-426b" }, { "text": "7 U.S.C. 8351", "legal-doc": "usc", "parsable-cite": "usc/7/8351" }, { "text": "16 U.S.C. 6813(b)(5)", "legal-doc": "usc", "parsable-cite": "usc/16/6813" }, { "text": "43 U.S.C. 2601", "legal-doc": "usc", "parsable-cite": "usc/43/2601" }, { "text": "43 U.S.C. 1181f et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1181f" }, { "text": "43 U.S.C. 2621 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2621" }, { "text": "16 U.S.C. 7102(10)", "legal-doc": "usc", "parsable-cite": "usc/16/7102" }, { "text": "43 U.S.C. 1181f", "legal-doc": "usc", "parsable-cite": "usc/43/1181f" }, { "text": "43 U.S.C. 2605", "legal-doc": "usc", "parsable-cite": "usc/43/2605" }, { "text": "43 U.S.C. 1181f–1 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1181f-1" }, { "text": "43 U.S.C. 2621 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2621" } ] }, { "text": "5. Title 20, United States Code \n(1) Section 131(c) of the Higher Education Amendments of 1968 ( Public Law 90–575 , 20 U.S.C. 1087–51 note) is amended by inserting ( 20 U.S.C. 1087–51 et seq. ) after part C of title IV of the Higher Education Act of 1965. (2) Section 406(b)(3) of the Higher Education Amendments of 1986 ( Public Law 99–498 , 20 U.S.C. 1087kk note) is amended by striking sections 413D(d)(2)(B), 442(d)(2)(B) and 462(d)(2)(B) and inserting sections 413D(c)(2)(B), 442(c)(2)(B), and 462(c)(2)(B) ( 20 U.S.C. 1070b–3(c)(2)(B) , 1087–52(c)(2)(B), 1087bb(c)(2)(B)).", "id": "idpb4w63ag-k1v1-clv0-u4pm-amdz9dpqjszq", "header": "Title 20, United States Code", "nested": [], "links": [ { "text": "Public Law 90–575", "legal-doc": "public-law", "parsable-cite": "pl/90/575" }, { "text": "20 U.S.C. 1087–51", "legal-doc": "usc", "parsable-cite": "usc/20/1087-51" }, { "text": "20 U.S.C. 1087–51 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1087-51" }, { "text": "Public Law 99–498", "legal-doc": "public-law", "parsable-cite": "pl/99/498" }, { "text": "20 U.S.C. 1087kk", "legal-doc": "usc", "parsable-cite": "usc/20/1087kk" }, { "text": "20 U.S.C. 1070b–3(c)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070b-3" } ] }, { "text": "6. Title 21, United States Code \nSection 12 of the Act of May 29, 1884 ( 21 U.S.C. 113a ), is amended by inserting ( 7 U.S.C. 3105(a) ) after section 10 (a) of the Bankhead-Jones Act of 1935.", "id": "idbdrtpe2z-m753-jemk-mzbe-0uqqr83wkbct", "header": "Title 21, United States Code", "nested": [], "links": [ { "text": "21 U.S.C. 113a", "legal-doc": "usc", "parsable-cite": "usc/21/113a" }, { "text": "7 U.S.C. 3105(a)", "legal-doc": "usc", "parsable-cite": "usc/7/3105" } ] }, { "text": "7. Title 26, United States Code \nSection 117(c)(2)(C) of the Internal Revenue Code of 1986 ( 26 U.S.C. 117(c)(2)(C) ) is amended by inserting ( 20 U.S.C. 1087–58(e) ) after section 448(e) of the Higher Education Act of 1965.", "id": "idin3y4iti-h1pg-zdr2-svav-w2nbd0m1sjzo", "header": "Title 26, United States Code", "nested": [], "links": [ { "text": "Section 117(c)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/26/117" }, { "text": "26 U.S.C. 117(c)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/26/117" }, { "text": "20 U.S.C. 1087–58(e)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-58" } ] }, { "text": "8. Title 42, United States Code \n(1) Section 257(a) of the Biomass Energy and Alcohol Fuels Act of 1980 ( 42 U.S.C. 8852(a) ) is amended by inserting ( 7 U.S.C. 3104 ) after section 1 of the Bankhead-Jones Act. (2) Section 118 of the National and Community Service Act of 1990 ( 42 U.S.C. 12561 ) is amended as follows: (A) Subsection (b)(5) is amended by striking ( 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1087–51 et seq. ). (B) Subsection (g) is amended by— (i) striking ( 42 U.S.C. 2753(b)(2)(A) ) and inserting ( 20 U.S.C. 1087–53(b)(2)(A) ) ; and (ii) striking ( 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1087–51 et seq. ). (3) Section 118A(b)(2) of the National and Community Service Act of 1990 ( 42 U.S.C. 12561a(b)(2) ) is amended as follows: (A) Subparagraph (B) is amended by striking ( 42 U.S.C. 2751(c) ) and inserting ( 20 U.S.C. 1087–51(c) ). (B) Subparagraph (C) is amended by striking ( 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1087–51 et seq. ). (4) Section 122(c)(1)(C)(i) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(c)(1)(C)(i) ) is amended by striking ( 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1087–51 et seq. ). (5) Section 140(a)(3) of the National and Community Service Act of 1990 ( 42 U.S.C. 12594(a)(3) ) is amended by striking ( 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1087–51 et seq. ).", "id": "idcryo353c-ncds-ya3d-vena-8ynt3sovk8sz", "header": "Title 42, United States Code", "nested": [], "links": [ { "text": "42 U.S.C. 8852(a)", "legal-doc": "usc", "parsable-cite": "usc/42/8852" }, { "text": "7 U.S.C. 3104", "legal-doc": "usc", "parsable-cite": "usc/7/3104" }, { "text": "42 U.S.C. 12561", "legal-doc": "usc", "parsable-cite": "usc/42/12561" }, { "text": "42 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2751" }, { "text": "20 U.S.C. 1087–51 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1087-51" }, { "text": "42 U.S.C. 2753(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/2753" }, { "text": "20 U.S.C. 1087–53(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-53" }, { "text": "42 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2751" }, { "text": "20 U.S.C. 1087–51 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1087-51" }, { "text": "42 U.S.C. 12561a(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/12561a" }, { "text": "42 U.S.C. 2751(c)", "legal-doc": "usc", "parsable-cite": "usc/42/2751" }, { "text": "20 U.S.C. 1087–51(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-51" }, { "text": "42 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2751" }, { "text": "20 U.S.C. 1087–51 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1087-51" }, { "text": "42 U.S.C. 12572(c)(1)(C)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/12572" }, { "text": "42 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2751" }, { "text": "20 U.S.C. 1087–51 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1087-51" }, { "text": "42 U.S.C. 12594(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/12594" }, { "text": "42 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2751" }, { "text": "20 U.S.C. 1087–51 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1087-51" } ] }, { "text": "9. Title 43, United States Code \n(1) Section 6 of the Act of June 14, 1926 ( 43 U.S.C. 869–4 ), is amended by— (A) striking ( 43 U.S.C. 1181f ) and inserting ( 43 U.S.C. 2605 ) ; and (B) striking (53 Stat. 753) and inserting ( 43 U.S.C. 2621 et seq. ). (2) Section 701(b) of the Federal Land Policy and Management Act of 1976 ( Public Law 94–579 , 43 U.S.C. 1701 note) is amended by— (A) striking (50 Stat. 874; 43 U.S.C. 1181a–1181j ) and inserting ( 43 U.S.C. 2601 et seq. ) ; and (B) striking (53 Stat. 753) and inserting ( 43 U.S.C. 4621 et seq. ). (3) Section 305(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1735(b) ) is amended by striking (50 Stat. 874; 43 U.S.C. 1181a–1181j ) and inserting ( 43 U.S.C. 2601 et seq. ). (4) Section 401(b)(1) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751(b)(1) ) is amended by striking (50 Stat. 874; 43 U.S.C. 1181d ) and inserting ( 43 U.S.C. 2603 ). (5) Section 402(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752(a) ) is amended by striking (50 Stat. 874, as amended; 43 U.S.C. 1181a–1181j ) and inserting ( 43 U.S.C. 2601 et seq. ). (6) Section 4 of the Act of May 24, 1939 ( 43 U.S.C. 2624 ), is amended by striking (50 Stat. 874) and inserting ( 43 U.S.C. 2601 et seq. ). (7) Section 3 of the Act of June 24, 1954 ( 43 U.S.C. 2633 ), is amended by— (A) inserting ( 43 U.S.C. 2631 ) after in which the lands described in section 1 of this Act ; (B) striking (50 Stat. 874) and inserting ( 43 U.S.C. 2605 ) ; (C) inserting ( 43 U.S.C. 2601 et seq. ) after and upon such designation the provisions of that Act ; and (D) inserting ( 43 U.S.C. 2631 ) after in lieu of the lands described in section 1 of this Act.", "id": "idosdf8635-1kiz-9sfy-ozna-hsb0u79q8vz8", "header": "Title 43, United States Code", "nested": [], "links": [ { "text": "43 U.S.C. 869–4", "legal-doc": "usc", "parsable-cite": "usc/43/869-4" }, { "text": "43 U.S.C. 1181f", "legal-doc": "usc", "parsable-cite": "usc/43/1181f" }, { "text": "43 U.S.C. 2605", "legal-doc": "usc", "parsable-cite": "usc/43/2605" }, { "text": "43 U.S.C. 2621 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2621" }, { "text": "Public Law 94–579", "legal-doc": "public-law", "parsable-cite": "pl/94/579" }, { "text": "43 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "43 U.S.C. 1181a–1181j", "legal-doc": "usc", "parsable-cite": "usc/43/1181a-1181j" }, { "text": "43 U.S.C. 2601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2601" }, { "text": "43 U.S.C. 4621 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/4621" }, { "text": "43 U.S.C. 1735(b)", "legal-doc": "usc", "parsable-cite": "usc/43/1735" }, { "text": "43 U.S.C. 1181a–1181j", "legal-doc": "usc", "parsable-cite": "usc/43/1181a-1181j" }, { "text": "43 U.S.C. 2601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2601" }, { "text": "43 U.S.C. 1751(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/43/1751" }, { "text": "43 U.S.C. 1181d", "legal-doc": "usc", "parsable-cite": "usc/43/1181d" }, { "text": "43 U.S.C. 2603", "legal-doc": "usc", "parsable-cite": "usc/43/2603" }, { "text": "43 U.S.C. 1752(a)", "legal-doc": "usc", "parsable-cite": "usc/43/1752" }, { "text": "43 U.S.C. 1181a–1181j", "legal-doc": "usc", "parsable-cite": "usc/43/1181a-1181j" }, { "text": "43 U.S.C. 2601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2601" }, { "text": "43 U.S.C. 2624", "legal-doc": "usc", "parsable-cite": "usc/43/2624" }, { "text": "43 U.S.C. 2601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2601" }, { "text": "43 U.S.C. 2633", "legal-doc": "usc", "parsable-cite": "usc/43/2633" }, { "text": "43 U.S.C. 2631", "legal-doc": "usc", "parsable-cite": "usc/43/2631" }, { "text": "43 U.S.C. 2605", "legal-doc": "usc", "parsable-cite": "usc/43/2605" }, { "text": "43 U.S.C. 2601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2601" }, { "text": "43 U.S.C. 2631", "legal-doc": "usc", "parsable-cite": "usc/43/2631" } ] }, { "text": "10. Title 48, United States Code \nSection 105(f)(1)(B)(iii) (matter before subclause (I)) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921d(f)(1)(B)(iii) (matter before subclause (I))) is amended by striking ( 20 U.S.C. 1070b et seq. , 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1070b et seq. , 1087–51 et seq.).", "id": "idtu3j91g1-rjhl-8g92-pza6-h1lr8uay39c1", "header": "Title 48, United States Code", "nested": [], "links": [ { "text": "48 U.S.C. 1921d(f)(1)(B)(iii)", "legal-doc": "usc", "parsable-cite": "usc/48/1921d" }, { "text": "20 U.S.C. 1070b et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1070b" }, { "text": "42 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2751" }, { "text": "20 U.S.C. 1070b et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1070b" } ] } ]
10
1. Title 5, United States Code Section 5109(a) of title 5, United States Code, is amended by striking section 450d of title 7 and inserting section 2204–2 of title 7. 2. Title 7, United States Code (1) Section 32(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136w–7(a)(1) ) is amended by striking ( 7 U.S.C. 450i(e) ) and inserting ( 7 U.S.C. 3157(e) ). (2) Section 33(b)(7)(E)(i) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136w–8(b)(7)(E)(i) ) is amended by striking ( 7 U.S.C. 450i(e) ) and inserting ( 7 U.S.C. 3157(e) ). (3) Section 7521(b) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 3202(b) ) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(b) ). (4) Section 1445(b)(3)(B) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3222(b)(3)(B) ) is amended— (A) by striking (79 Stat. 431; 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157 ) ; and (B) by inserting ( 7 U.S.C. 3157 ) after available under section 2 of the Act of August 4, 1965. (5) Section 1463(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3311(c) ) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(b) , (c)). (6) Section 1469(a)(1) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3315(a)(1) ) is amended by striking sections 2(e), 2(f), and 2(h) of the Act of August 4, 1965 (79 Stat. 431; 7 U.S.C. 450i ) and inserting sections 2(f), 2(g), and 2(i) of the Act of August 4, 1965 ( 7 U.S.C. 3157(f) , (g), (i)). (7) Section 1473 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319 ) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(c)(1)(B) ). (8) Section 1671(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5924(d) ) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (9) Section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925 ) is amended as follows: (A) Subsection (b)(1) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (B) Subsection (e)(3) is amended by striking ( 7 U.S.C. 450i(b) ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (10) Section 1672B(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925b(b) ) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (11) Section 1672D(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925f(c) ) is amended by striking ( 7 U.S.C. 450i(b) ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (12) Section 1673(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5926(b) ) is amended by striking ( 7 U.S.C. 450i(b)(7) ) and inserting ( 7 U.S.C. 3157(b)(7) ). (13) Section 251(f)(1)(D)(i) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971(f)(1)(D)(i) ) is amended by striking ( 7 U.S.C. 450i(b) ) and inserting ( 7 U.S.C. 3157(b) ). (14) Section 413(e)(2) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7633(e)(2) ) is amended by striking ( 7 U.S.C. 450i(b) ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (15) Section 617(c)(3) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7655b(c)(3) ) is amended by striking ( 7 U.S.C. 450i ) and inserting ( 7 U.S.C. 3157(b)(4) , (7), (8), (11)(B)). (16) Section 7526(c)(1)(A)(i) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8114(c)(1)(A)(i) ) is amended by striking ( 7 U.S.C. 450i(b)(7) ) and inserting ( 7 U.S.C. 3157(b)(7) ). (17) The last proviso in the 1st paragraph under the heading Animal and Plant Health Inspection Service in title I of H.R. 3037, 99th Congress, incorporated by reference in section 101(a) of Public Law 99–190 , and enacted into law by section 106 of Public Law 100–202 ( 7 U.S.C. 8351 note) is amended by striking (46 Stat. 1468; 7 U.S.C. 426–426b ) and inserting ( 7 U.S.C. 8351 , 8352). (18) Section 749 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 ( 7 U.S.C. 8354 ) is amended by striking sections 426–426c of title 7, United States Code and inserting “the Act of March 2, 1931 ( 7 U.S.C. 8351 , 8352), and the last proviso in the 1st paragraph under the heading ‘ Animal and Plant Health Inspection Service ’ in title I of the Rural Development, Agriculture, and Related Agencies Appropriations Act, 1988 ( 7 U.S.C. 8353 )”. 3. Title 11, United States Code Section 541(b)(3) of title 11, United States Code, is amended by striking ( 20 U.S.C. 1001 et seq. ; 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1001 et seq. ). 4. Title 16, United States Code (1) Section 339(f)(4)(D) of the Department of the Interior and Related Agencies Appropriations Act, 2000 ( Public Law 106–113 , division B, section 1000(a)(3), 16 U.S.C. 528 note) is amended by— (A) striking The Act of August 8, 1937 and inserting The Act of August 28, 1937 ( 43 U.S.C. 2601 et seq. ) ; and (B) striking the Act of May 24, 1939 ( 43 U.S.C. 1181a et seq. ) and inserting the Act of May 24, 1939 ( 43 U.S.C. 2621 et seq. ). (2) The 4th proviso in the last paragraph under the heading federal aid in wildlife restoration in the Interior Department Appropriation Act, 1943 ( 16 U.S.C. 753 ) is amended by striking ( 5 U.S.C. 563–564 ) and inserting ( 7 U.S.C. 2279i , 2220). (3) Section 7(c) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103c(c) ) is amended by striking ( 7 U.S.C. 428a(a) and inserting ( 7 U.S.C. 2268a(a) ). (4) Section 10(3) of the Fish and Wildlife Conservation Act of 1980 ( 16 U.S.C. 2909(3) ) is amended by striking (46 Stat. 1468–1469; 7 U.S.C. 426–426b ) and inserting ( 7 U.S.C. 8351 , 8352). (5) Section 814(b)(5) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6813(b)(5) ) is amended by— (A) striking August 8, 1937 and inserting August 28, 1937 ( 43 U.S.C. 2601 note, 2605) ; and (B) striking ( 43 U.S.C. 1181f et seq. ) and inserting ( 43 U.S.C. 2621 et seq. ). (6) Section 3(10) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7102(10) ) is amended by— (A) striking (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f ) and inserting ( 43 U.S.C. 2605 ) ; and (B) striking (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f–1 et seq. ) and inserting ( 43 U.S.C. 2621 et seq. ). 5. Title 20, United States Code (1) Section 131(c) of the Higher Education Amendments of 1968 ( Public Law 90–575 , 20 U.S.C. 1087–51 note) is amended by inserting ( 20 U.S.C. 1087–51 et seq. ) after part C of title IV of the Higher Education Act of 1965. (2) Section 406(b)(3) of the Higher Education Amendments of 1986 ( Public Law 99–498 , 20 U.S.C. 1087kk note) is amended by striking sections 413D(d)(2)(B), 442(d)(2)(B) and 462(d)(2)(B) and inserting sections 413D(c)(2)(B), 442(c)(2)(B), and 462(c)(2)(B) ( 20 U.S.C. 1070b–3(c)(2)(B) , 1087–52(c)(2)(B), 1087bb(c)(2)(B)). 6. Title 21, United States Code Section 12 of the Act of May 29, 1884 ( 21 U.S.C. 113a ), is amended by inserting ( 7 U.S.C. 3105(a) ) after section 10 (a) of the Bankhead-Jones Act of 1935. 7. Title 26, United States Code Section 117(c)(2)(C) of the Internal Revenue Code of 1986 ( 26 U.S.C. 117(c)(2)(C) ) is amended by inserting ( 20 U.S.C. 1087–58(e) ) after section 448(e) of the Higher Education Act of 1965. 8. Title 42, United States Code (1) Section 257(a) of the Biomass Energy and Alcohol Fuels Act of 1980 ( 42 U.S.C. 8852(a) ) is amended by inserting ( 7 U.S.C. 3104 ) after section 1 of the Bankhead-Jones Act. (2) Section 118 of the National and Community Service Act of 1990 ( 42 U.S.C. 12561 ) is amended as follows: (A) Subsection (b)(5) is amended by striking ( 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1087–51 et seq. ). (B) Subsection (g) is amended by— (i) striking ( 42 U.S.C. 2753(b)(2)(A) ) and inserting ( 20 U.S.C. 1087–53(b)(2)(A) ) ; and (ii) striking ( 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1087–51 et seq. ). (3) Section 118A(b)(2) of the National and Community Service Act of 1990 ( 42 U.S.C. 12561a(b)(2) ) is amended as follows: (A) Subparagraph (B) is amended by striking ( 42 U.S.C. 2751(c) ) and inserting ( 20 U.S.C. 1087–51(c) ). (B) Subparagraph (C) is amended by striking ( 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1087–51 et seq. ). (4) Section 122(c)(1)(C)(i) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(c)(1)(C)(i) ) is amended by striking ( 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1087–51 et seq. ). (5) Section 140(a)(3) of the National and Community Service Act of 1990 ( 42 U.S.C. 12594(a)(3) ) is amended by striking ( 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1087–51 et seq. ). 9. Title 43, United States Code (1) Section 6 of the Act of June 14, 1926 ( 43 U.S.C. 869–4 ), is amended by— (A) striking ( 43 U.S.C. 1181f ) and inserting ( 43 U.S.C. 2605 ) ; and (B) striking (53 Stat. 753) and inserting ( 43 U.S.C. 2621 et seq. ). (2) Section 701(b) of the Federal Land Policy and Management Act of 1976 ( Public Law 94–579 , 43 U.S.C. 1701 note) is amended by— (A) striking (50 Stat. 874; 43 U.S.C. 1181a–1181j ) and inserting ( 43 U.S.C. 2601 et seq. ) ; and (B) striking (53 Stat. 753) and inserting ( 43 U.S.C. 4621 et seq. ). (3) Section 305(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1735(b) ) is amended by striking (50 Stat. 874; 43 U.S.C. 1181a–1181j ) and inserting ( 43 U.S.C. 2601 et seq. ). (4) Section 401(b)(1) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751(b)(1) ) is amended by striking (50 Stat. 874; 43 U.S.C. 1181d ) and inserting ( 43 U.S.C. 2603 ). (5) Section 402(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752(a) ) is amended by striking (50 Stat. 874, as amended; 43 U.S.C. 1181a–1181j ) and inserting ( 43 U.S.C. 2601 et seq. ). (6) Section 4 of the Act of May 24, 1939 ( 43 U.S.C. 2624 ), is amended by striking (50 Stat. 874) and inserting ( 43 U.S.C. 2601 et seq. ). (7) Section 3 of the Act of June 24, 1954 ( 43 U.S.C. 2633 ), is amended by— (A) inserting ( 43 U.S.C. 2631 ) after in which the lands described in section 1 of this Act ; (B) striking (50 Stat. 874) and inserting ( 43 U.S.C. 2605 ) ; (C) inserting ( 43 U.S.C. 2601 et seq. ) after and upon such designation the provisions of that Act ; and (D) inserting ( 43 U.S.C. 2631 ) after in lieu of the lands described in section 1 of this Act. 10. Title 48, United States Code Section 105(f)(1)(B)(iii) (matter before subclause (I)) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921d(f)(1)(B)(iii) (matter before subclause (I))) is amended by striking ( 20 U.S.C. 1070b et seq. , 42 U.S.C. 2751 et seq. ) and inserting ( 20 U.S.C. 1070b et seq. , 1087–51 et seq.).
11,117
[ "Judiciary Committee", "Judiciary Committee" ]
118hr7315ih
118
hr
7,315
ih
To direct the Secretary of Labor to support the development of pre-apprenticeship programs in the building and construction trades that serve underrepresented populations, including individuals from low income and rural census tracts.
[ { "text": "1. Short title \nThis Act may be cited as the Pre-Apprenticeships To Hardhats Act or the PATH Act.", "id": "H72931D7BB2FC47E985534B3713568B50", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Area career and technical school \nThe term area career and technical school has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) Federally recognized Indian Tribe \nThe term Federally recognized 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) High school \nThe term high school means a nonprofit institutional day or residential school in a State that— (A) provides secondary education, as determined under State law; (B) grants a diploma, as defined by the State; and (C) includes, at least, grade 12. (4) 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 ). (5) Local educational agency; state educational agency \nThe terms local educational agency and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) 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 ). (7) Postsecondary educational institution \nThe term postsecondary educational institution has the meaning given the term institution of higher education in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (8) Pre-apprenticeship program \nThe term pre-apprenticeship program means a program or set of strategies that— (A) is designed to prepare individuals to enter and succeed in a registered apprenticeship program in the building or construction trades; (B) is carried out by an eligible entity described in section 3(c) that has a documented partnership with at least 1 sponsor of a registered apprenticeship program; and (C) includes training (including a curriculum for the training) that— (i) is aligned with industry standards; (ii) is reviewed and approved annually by sponsors of the registered apprenticeship programs within the documented partnership; and (iii) will prepare an individual for a registered apprenticeship program by teaching the skills and competencies needed to enter such a registered apprenticeship program. (9) Registered apprenticeship program \nThe term registered apprenticeship program means a 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. ). (10) Secretary \nThe term Secretary means the Secretary of Labor. (11) Sponsor \nThe term sponsor means an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity that administers a registered apprenticeship program. (12) State \nThe term State has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (13) Underrepresented population \nThe term underrepresented population means a group of individuals who— (A) are members of a racial minority, women, military veterans, members of a Federally recognized Indian Tribe, or long-term unemployed; or (B) come from a geographic area consisting of a single census tract or a group of census tracts, each of which meets the criteria for a low-income community, as defined in section 45D(e) of the Internal Revenue Code of 1986.", "id": "HEF3B84362FCB4E699585D81111C093B4", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "29 U.S.C. 50 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/50" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "section 45D(e)", "legal-doc": "usc", "parsable-cite": "usc/26/45D" } ] }, { "text": "3. Supporting the development of pre-apprenticeship programs \n(a) In general \nThe Secretary shall make grants on a competitive basis to eligible entities described in subsection (c) that submit applications under subsection (e) to provide the Federal share described in subsection (g) of the cost of carrying out projects under subsection (f) that support the development of pre-apprenticeship programs in the building and construction trades. (b) Period \nThe Secretary shall make initial grants under subsection (a) for periods of not more than 3 years, except that if an eligible entity demonstrates satisfactory performance under subsection (h) by the end of that third year, the Secretary may extend the grant period up to an additional 1 year for that entity. (c) Eligible entity \nTo be eligible to receive a grant from the Secretary under subsection (a), an entity shall be a nonprofit partnership that— (1) includes the equal participation of industry, including public or private employers, and labor organizations, including joint labor or management training programs, and may include State and local workforce development boards, community-based organizations, educational institutions (such as postsecondary educational institutions, local educational agencies, State educational agencies, high schools, and area career and technical schools), small businesses, cooperatives, State and local veterans agencies, and veterans service organizations; and (2) demonstrates— (A) experience in implementing and operating worker skills training and education programs; (B) the ability to identify and involve in training programs carried out under this grant, target populations of individuals who would benefit from training, and be actively involved in activities related to all building and construction trade crafts; and (C) the ability to help individuals achieve economic self-sufficiency. (d) Priority \nIn awarding grants under subsection (a), the Secretary shall give priority to eligible entities that leverage additional public and private resources to fund programs under this Act, including cash or in-kind matches from participating employers. (e) Applications \nTo be eligible to receive a grant from the Secretary under subsection (a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) with respect to the proposed pre-apprenticeship program, a description of the training and curriculum described in section 2(8)(C) and how the proposed pre-apprenticeship program makes individuals who successfully complete the pre-apprenticeship program qualified to enter into an established registered apprenticeship program; (2) evidence that there are or will be sufficient openings available in such registered apprenticeship program to enable the sponsor of such registered apprenticeship program to place into a corresponding registered apprenticeship those individuals who successfully complete the pre-apprenticeship program; (3) information about the entity that demonstrates the existence of an active, advisory partnership between the partners described in subsection (c)(1) and the capacity of a training and education provider of the entity to provide the training and education services necessary for a pre-apprenticeship program; and (4) information about the proposed pre-apprenticeship program that demonstrates— (A) that the program is in an in-demand industry or occupation in the region in which the project is located; (B) the inclusion in the program of career exploration focused activities, such as career information activities, and résumé preparation; (C) if the entity carrying out the project includes a high school, that the model to be used for the program leads to a high school diploma for participants without such a diploma; (D) how the pre-apprenticeship program is aligned with and leverages resources of career and technical education programs, programs and services authorized under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), or activities of entities that provide supportive services for participants in pre-apprenticeship programs; and (E) that the project aligns with an established registered apprenticeship program, including that the model used for the program leads to the attainment of skills and competencies necessary for entrance into the registered apprenticeship program for participants. (f) Use of funds \n(1) In general \nAn eligible entity that receives a grant under subsection (a) shall use the grant funds to carry out a project that implements a pre-apprenticeship program, including the activities described in paragraphs (2) and (3). (2) Required activities \nThe eligible entity shall use such grant funds— (A) to pay for the cost of training or education associated with a pre-apprenticeship program for individuals from an underrepresented population; (B) for curriculum development that align with the requirements of the appropriate registered apprenticeship programs and learning assessments; (C) to maintain a connection between the pre-apprenticeship program and registered apprenticeship program; (D) for assessments of potential participants for, and enrollment of the participants in, the pre-apprenticeship program; and (E) to conduct evaluations described in subsection (h)(2). (3) Allowable activities \nThe eligible entity may use such grant funds for— (A) stipends for participants during work-based training in the program; and (B) coordination of activities under this subsection with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ) or the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ). (g) Federal share \n(1) In general \nThe Federal share of the cost described in subsection (a) shall be 75 percent of the total cost of the projects described in such subsection carried out by an eligible entity. (2) Non-federal share \nThe eligible entity may contribute the non-Federal share of such cost in cash or in-kind, fairly evaluated, including plant, equipment, or services. (h) Performance \n(1) Measures \nThe Secretary shall identify a set of common measures that, at a minimum, include measures of entry into a registered apprenticeship program and that are aligned, as appropriate, with performance accountability measures described in section 116(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(c) ) for the local workforce development area and with corresponding measures under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ). (2) Evaluations \nEach eligible entity that receives a grant to carry out a project under subsection (a) shall arrange for another qualified entity to conduct an evaluation, or shall participate in an evaluation sponsored by the Secretary, of the project using the identified common measures, and shall, to the extent practicable, cooperate with the evaluator in any evaluations of activities carried out under paragraph. (3) Extensions \nThe Secretary shall use the results of an evaluation for a project under paragraph (2) to determine whether to extend the grant period, or renew a grant, for the project under subsection (b). (i) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2024 and each subsequent fiscal year.", "id": "H85F75288917A41EF9DA88818901BE02F", "header": "Supporting the development of pre-apprenticeship programs", "nested": [ { "text": "(a) In general \nThe Secretary shall make grants on a competitive basis to eligible entities described in subsection (c) that submit applications under subsection (e) to provide the Federal share described in subsection (g) of the cost of carrying out projects under subsection (f) that support the development of pre-apprenticeship programs in the building and construction trades.", "id": "H69DF130F12184AF595628F7FE19EAC32", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Period \nThe Secretary shall make initial grants under subsection (a) for periods of not more than 3 years, except that if an eligible entity demonstrates satisfactory performance under subsection (h) by the end of that third year, the Secretary may extend the grant period up to an additional 1 year for that entity.", "id": "H78916DD9BA1048A88350272AE06A3DFC", "header": "Period", "nested": [], "links": [] }, { "text": "(c) Eligible entity \nTo be eligible to receive a grant from the Secretary under subsection (a), an entity shall be a nonprofit partnership that— (1) includes the equal participation of industry, including public or private employers, and labor organizations, including joint labor or management training programs, and may include State and local workforce development boards, community-based organizations, educational institutions (such as postsecondary educational institutions, local educational agencies, State educational agencies, high schools, and area career and technical schools), small businesses, cooperatives, State and local veterans agencies, and veterans service organizations; and (2) demonstrates— (A) experience in implementing and operating worker skills training and education programs; (B) the ability to identify and involve in training programs carried out under this grant, target populations of individuals who would benefit from training, and be actively involved in activities related to all building and construction trade crafts; and (C) the ability to help individuals achieve economic self-sufficiency.", "id": "HFB4C8B53259840489E3BCADE2DD70D14", "header": "Eligible entity", "nested": [], "links": [] }, { "text": "(d) Priority \nIn awarding grants under subsection (a), the Secretary shall give priority to eligible entities that leverage additional public and private resources to fund programs under this Act, including cash or in-kind matches from participating employers.", "id": "H772F718F785E498D81C0ABC1EE182C97", "header": "Priority", "nested": [], "links": [] }, { "text": "(e) Applications \nTo be eligible to receive a grant from the Secretary under subsection (a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) with respect to the proposed pre-apprenticeship program, a description of the training and curriculum described in section 2(8)(C) and how the proposed pre-apprenticeship program makes individuals who successfully complete the pre-apprenticeship program qualified to enter into an established registered apprenticeship program; (2) evidence that there are or will be sufficient openings available in such registered apprenticeship program to enable the sponsor of such registered apprenticeship program to place into a corresponding registered apprenticeship those individuals who successfully complete the pre-apprenticeship program; (3) information about the entity that demonstrates the existence of an active, advisory partnership between the partners described in subsection (c)(1) and the capacity of a training and education provider of the entity to provide the training and education services necessary for a pre-apprenticeship program; and (4) information about the proposed pre-apprenticeship program that demonstrates— (A) that the program is in an in-demand industry or occupation in the region in which the project is located; (B) the inclusion in the program of career exploration focused activities, such as career information activities, and résumé preparation; (C) if the entity carrying out the project includes a high school, that the model to be used for the program leads to a high school diploma for participants without such a diploma; (D) how the pre-apprenticeship program is aligned with and leverages resources of career and technical education programs, programs and services authorized under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), or activities of entities that provide supportive services for participants in pre-apprenticeship programs; and (E) that the project aligns with an established registered apprenticeship program, including that the model used for the program leads to the attainment of skills and competencies necessary for entrance into the registered apprenticeship program for participants.", "id": "HCDE685942B9544F895A25311727EBC8D", "header": "Applications", "nested": [], "links": [ { "text": "29 U.S.C. 3101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3101" } ] }, { "text": "(f) Use of funds \n(1) In general \nAn eligible entity that receives a grant under subsection (a) shall use the grant funds to carry out a project that implements a pre-apprenticeship program, including the activities described in paragraphs (2) and (3). (2) Required activities \nThe eligible entity shall use such grant funds— (A) to pay for the cost of training or education associated with a pre-apprenticeship program for individuals from an underrepresented population; (B) for curriculum development that align with the requirements of the appropriate registered apprenticeship programs and learning assessments; (C) to maintain a connection between the pre-apprenticeship program and registered apprenticeship program; (D) for assessments of potential participants for, and enrollment of the participants in, the pre-apprenticeship program; and (E) to conduct evaluations described in subsection (h)(2). (3) Allowable activities \nThe eligible entity may use such grant funds for— (A) stipends for participants during work-based training in the program; and (B) coordination of activities under this subsection with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ) or the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ).", "id": "HCD72C821DF0E4CA0BB1B1FD45E6012C2", "header": "Use of funds", "nested": [], "links": [ { "text": "20 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/2301" }, { "text": "29 U.S.C. 3101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3101" } ] }, { "text": "(g) Federal share \n(1) In general \nThe Federal share of the cost described in subsection (a) shall be 75 percent of the total cost of the projects described in such subsection carried out by an eligible entity. (2) Non-federal share \nThe eligible entity may contribute the non-Federal share of such cost in cash or in-kind, fairly evaluated, including plant, equipment, or services.", "id": "HBFBA12349C504DDD8F1659887D30580D", "header": "Federal share", "nested": [], "links": [] }, { "text": "(h) Performance \n(1) Measures \nThe Secretary shall identify a set of common measures that, at a minimum, include measures of entry into a registered apprenticeship program and that are aligned, as appropriate, with performance accountability measures described in section 116(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(c) ) for the local workforce development area and with corresponding measures under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ). (2) Evaluations \nEach eligible entity that receives a grant to carry out a project under subsection (a) shall arrange for another qualified entity to conduct an evaluation, or shall participate in an evaluation sponsored by the Secretary, of the project using the identified common measures, and shall, to the extent practicable, cooperate with the evaluator in any evaluations of activities carried out under paragraph. (3) Extensions \nThe Secretary shall use the results of an evaluation for a project under paragraph (2) to determine whether to extend the grant period, or renew a grant, for the project under subsection (b).", "id": "HFFCA3D5C381F4B608368F0FF95754145", "header": "Performance", "nested": [], "links": [ { "text": "29 U.S.C. 3141(c)", "legal-doc": "usc", "parsable-cite": "usc/29/3141" }, { "text": "20 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/2301" } ] }, { "text": "(i) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2024 and each subsequent fiscal year.", "id": "H902A860FE78D4D86A7BF6FBD0279C34A", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 3101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3101" }, { "text": "20 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/2301" }, { "text": "29 U.S.C. 3101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3101" }, { "text": "29 U.S.C. 3141(c)", "legal-doc": "usc", "parsable-cite": "usc/29/3141" }, { "text": "20 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/2301" } ] } ]
3
1. Short title This Act may be cited as the Pre-Apprenticeships To Hardhats Act or the PATH Act. 2. Definitions In this Act: (1) Area career and technical school The term area career and technical school has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) Federally recognized Indian Tribe The term Federally recognized 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) High school The term high school means a nonprofit institutional day or residential school in a State that— (A) provides secondary education, as determined under State law; (B) grants a diploma, as defined by the State; and (C) includes, at least, grade 12. (4) 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 ). (5) Local educational agency; state educational agency The terms local educational agency and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) 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 ). (7) Postsecondary educational institution The term postsecondary educational institution has the meaning given the term institution of higher education in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (8) Pre-apprenticeship program The term pre-apprenticeship program means a program or set of strategies that— (A) is designed to prepare individuals to enter and succeed in a registered apprenticeship program in the building or construction trades; (B) is carried out by an eligible entity described in section 3(c) that has a documented partnership with at least 1 sponsor of a registered apprenticeship program; and (C) includes training (including a curriculum for the training) that— (i) is aligned with industry standards; (ii) is reviewed and approved annually by sponsors of the registered apprenticeship programs within the documented partnership; and (iii) will prepare an individual for a registered apprenticeship program by teaching the skills and competencies needed to enter such a registered apprenticeship program. (9) Registered apprenticeship program The term registered apprenticeship program means a 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. ). (10) Secretary The term Secretary means the Secretary of Labor. (11) Sponsor The term sponsor means an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity that administers a registered apprenticeship program. (12) State The term State has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (13) Underrepresented population The term underrepresented population means a group of individuals who— (A) are members of a racial minority, women, military veterans, members of a Federally recognized Indian Tribe, or long-term unemployed; or (B) come from a geographic area consisting of a single census tract or a group of census tracts, each of which meets the criteria for a low-income community, as defined in section 45D(e) of the Internal Revenue Code of 1986. 3. Supporting the development of pre-apprenticeship programs (a) In general The Secretary shall make grants on a competitive basis to eligible entities described in subsection (c) that submit applications under subsection (e) to provide the Federal share described in subsection (g) of the cost of carrying out projects under subsection (f) that support the development of pre-apprenticeship programs in the building and construction trades. (b) Period The Secretary shall make initial grants under subsection (a) for periods of not more than 3 years, except that if an eligible entity demonstrates satisfactory performance under subsection (h) by the end of that third year, the Secretary may extend the grant period up to an additional 1 year for that entity. (c) Eligible entity To be eligible to receive a grant from the Secretary under subsection (a), an entity shall be a nonprofit partnership that— (1) includes the equal participation of industry, including public or private employers, and labor organizations, including joint labor or management training programs, and may include State and local workforce development boards, community-based organizations, educational institutions (such as postsecondary educational institutions, local educational agencies, State educational agencies, high schools, and area career and technical schools), small businesses, cooperatives, State and local veterans agencies, and veterans service organizations; and (2) demonstrates— (A) experience in implementing and operating worker skills training and education programs; (B) the ability to identify and involve in training programs carried out under this grant, target populations of individuals who would benefit from training, and be actively involved in activities related to all building and construction trade crafts; and (C) the ability to help individuals achieve economic self-sufficiency. (d) Priority In awarding grants under subsection (a), the Secretary shall give priority to eligible entities that leverage additional public and private resources to fund programs under this Act, including cash or in-kind matches from participating employers. (e) Applications To be eligible to receive a grant from the Secretary under subsection (a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) with respect to the proposed pre-apprenticeship program, a description of the training and curriculum described in section 2(8)(C) and how the proposed pre-apprenticeship program makes individuals who successfully complete the pre-apprenticeship program qualified to enter into an established registered apprenticeship program; (2) evidence that there are or will be sufficient openings available in such registered apprenticeship program to enable the sponsor of such registered apprenticeship program to place into a corresponding registered apprenticeship those individuals who successfully complete the pre-apprenticeship program; (3) information about the entity that demonstrates the existence of an active, advisory partnership between the partners described in subsection (c)(1) and the capacity of a training and education provider of the entity to provide the training and education services necessary for a pre-apprenticeship program; and (4) information about the proposed pre-apprenticeship program that demonstrates— (A) that the program is in an in-demand industry or occupation in the region in which the project is located; (B) the inclusion in the program of career exploration focused activities, such as career information activities, and résumé preparation; (C) if the entity carrying out the project includes a high school, that the model to be used for the program leads to a high school diploma for participants without such a diploma; (D) how the pre-apprenticeship program is aligned with and leverages resources of career and technical education programs, programs and services authorized under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), or activities of entities that provide supportive services for participants in pre-apprenticeship programs; and (E) that the project aligns with an established registered apprenticeship program, including that the model used for the program leads to the attainment of skills and competencies necessary for entrance into the registered apprenticeship program for participants. (f) Use of funds (1) In general An eligible entity that receives a grant under subsection (a) shall use the grant funds to carry out a project that implements a pre-apprenticeship program, including the activities described in paragraphs (2) and (3). (2) Required activities The eligible entity shall use such grant funds— (A) to pay for the cost of training or education associated with a pre-apprenticeship program for individuals from an underrepresented population; (B) for curriculum development that align with the requirements of the appropriate registered apprenticeship programs and learning assessments; (C) to maintain a connection between the pre-apprenticeship program and registered apprenticeship program; (D) for assessments of potential participants for, and enrollment of the participants in, the pre-apprenticeship program; and (E) to conduct evaluations described in subsection (h)(2). (3) Allowable activities The eligible entity may use such grant funds for— (A) stipends for participants during work-based training in the program; and (B) coordination of activities under this subsection with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ) or the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ). (g) Federal share (1) In general The Federal share of the cost described in subsection (a) shall be 75 percent of the total cost of the projects described in such subsection carried out by an eligible entity. (2) Non-federal share The eligible entity may contribute the non-Federal share of such cost in cash or in-kind, fairly evaluated, including plant, equipment, or services. (h) Performance (1) Measures The Secretary shall identify a set of common measures that, at a minimum, include measures of entry into a registered apprenticeship program and that are aligned, as appropriate, with performance accountability measures described in section 116(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(c) ) for the local workforce development area and with corresponding measures under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ). (2) Evaluations Each eligible entity that receives a grant to carry out a project under subsection (a) shall arrange for another qualified entity to conduct an evaluation, or shall participate in an evaluation sponsored by the Secretary, of the project using the identified common measures, and shall, to the extent practicable, cooperate with the evaluator in any evaluations of activities carried out under paragraph. (3) Extensions The Secretary shall use the results of an evaluation for a project under paragraph (2) to determine whether to extend the grant period, or renew a grant, for the project under subsection (b). (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2024 and each subsequent fiscal year.
11,268
[ "Education and the Workforce Committee" ]
118hr6042ih
118
hr
6,042
ih
To require the Secretary of Labor to award grants for promoting industry or sector partnerships to encourage industry growth and competitiveness and to improve worker training, retention, and advancement as part of an infrastructure investment.
[ { "text": "1. Short title \nThis Act may be cited as the Building U.S. Infrastructure by Leveraging Demands for Skills or the BUILDS Act.", "id": "H8567DA3069064BA3A8622E40B47CC4A5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purpose \nThe purpose of this Act is to promote industry or sector partnerships that engage in collaborative planning, resource alignment, and training efforts across multiple businesses, for a range of workers employed or potentially employed by targeted infrastructure industries, including energy, construction, information technology, utilities, and transportation, in order to encourage industry growth and competitiveness and to improve worker training, retention, and advancement.", "id": "H86D62FFA68284D309B197DAD60D1FD9C", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Career and technical education; career guidance and academic counseling \nThe terms career and technical education and career guidance and academic counseling have the meanings given such terms in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) Career pathway \nThe term career pathway has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (3) Eligible partnership \nThe term eligible partnership means a partnership that is an industry or sector partnership, or (with respect to an implementation grant) a partnership that is in the process of establishing an industry or sector partnership. (4) Individual with a barrier to employment \nThe term individual with a barrier to employment has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (5) Industry or sector partnership \nThe term industry or sector partnership has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (6) Local board \nThe term local board has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (7) Recognized postsecondary credential \nThe term recognized postsecondary credential has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (8) Secretary \nThe term Secretary means the Secretary of Labor. (9) State; state board \nThe terms State and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (10) Targeted infrastructure industry \nThe term targeted infrastructure industry means an industry, including transportation (including surface, transit, aviation, or railway transportation), construction, energy (including the deployment of renewable and clean energy, energy efficiency, transmission, and battery storage), information technology, or utilities industries, that the eligible partnership identifies in accordance with section 5(c) to be served by a grant under this Act. (11) Work-based learning program \n(A) In general \nThe term work-based learning program means a program (which may be a registered apprenticeship program) that provides workers with paid work experience and corresponding approved classroom instruction, delivered in an employment relationship that both the employer and worker intend to lead to continuing employment after the program ends. (B) Work experience \nIn subparagraph (A), the term paid work experience includes training by an employer that is provided to a paid worker while engaged in productive work in a job that provides knowledge or skills essential to the full and adequate performance of the job. (12) Registered apprenticeship \nThe term registered apprenticeship means an apprenticeship 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. ).", "id": "H5539BA6972664561B3583C7816793B4A", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 50 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/50" } ] }, { "text": "4. Grants authorized \n(a) In general \nThe Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, and the Chief of Engineers and Commanding General of the Army Corps of Engineers, shall award, on a competitive basis, grants to eligible entities to plan and implement activities to achieve the strategic objectives described in section 5(d) with respect to a targeted infrastructure industry. (b) Grants \n(1) Types of grants \nA grant awarded under this Act may be in the form of— (A) an implementation grant, for entities seeking an initial grant under this Act; or (B) a renewal grant for entities that have already received an implementation grant under this Act. (2) Duration \nEach grant awarded under this Act shall be for a period not to exceed 3 years. (3) Amount \nThe amount of a grant awarded under this Act may not exceed— (A) for an implementation grant, $2,500,000; and (B) for a renewal grant, $1,500,000. (c) Award basis \n(1) Geographic diversity \nThe Secretary shall award grants under this Act in a manner that ensures geographic diversity in the areas in which activities will be carried out under the grants. (2) Priority for renewal grants \nIn awarding renewal grants under this Act, the Secretary shall give priority to eligible entities that— (A) demonstrate long-term sustainability of an industry or sector partnership; and (B) provide a non-Federal share of the cost of the activities.", "id": "H6F44800685E04DB59BD721485FBEE0E4", "header": "Grants authorized", "nested": [ { "text": "(a) In general \nThe Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, and the Chief of Engineers and Commanding General of the Army Corps of Engineers, shall award, on a competitive basis, grants to eligible entities to plan and implement activities to achieve the strategic objectives described in section 5(d) with respect to a targeted infrastructure industry.", "id": "H46293D512B724FE69B29F3296BEA0591", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Grants \n(1) Types of grants \nA grant awarded under this Act may be in the form of— (A) an implementation grant, for entities seeking an initial grant under this Act; or (B) a renewal grant for entities that have already received an implementation grant under this Act. (2) Duration \nEach grant awarded under this Act shall be for a period not to exceed 3 years. (3) Amount \nThe amount of a grant awarded under this Act may not exceed— (A) for an implementation grant, $2,500,000; and (B) for a renewal grant, $1,500,000.", "id": "HCBBDFBDC021244589341EC7300DAF9E2", "header": "Grants", "nested": [], "links": [] }, { "text": "(c) Award basis \n(1) Geographic diversity \nThe Secretary shall award grants under this Act in a manner that ensures geographic diversity in the areas in which activities will be carried out under the grants. (2) Priority for renewal grants \nIn awarding renewal grants under this Act, the Secretary shall give priority to eligible entities that— (A) demonstrate long-term sustainability of an industry or sector partnership; and (B) provide a non-Federal share of the cost of the activities.", "id": "H07C862B617A947A689DD0F1F92F363FE", "header": "Award basis", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Application process \n(a) In general \nAn eligible partnership desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the contents described in subsection (b). (b) Contents \nAn application submitted under this Act shall contain, at a minimum— (1) a description of the eligible partnership, evidence of the eligible partnership’s capacity to carry out activities to achieve the strategic objectives described in subsection (d), and the expected participation and responsibilities of each of the partners included in the industry or sector partnership involved; (2) a description of the targeted infrastructure industry served by the grant, and a description of how such industry was identified in accordance with subsection (c); (3) a description of the workers that will be targeted or recruited by the partnership, including an analysis of the existing labor market, a description of potential barriers to employment for targeted workers, and a description of strategies that will be used to help workers overcome such barriers; (4) a description of the local, State, or federally funded infrastructure projects on which the eligible partnership anticipates engaging partners; (5) a description of the strategic objectives described in subsection (d) that the eligible partnership intends to achieve concerning the targeted infrastructure industry; (6) a description of the credentials that the eligible partnership proposes to use or develop as a performance measure, to assess the degree to which the eligible partnership has achieved such strategic objectives, which credentials— (A) shall be nationally portable; (B) shall be recognized postsecondary credentials or, if not available for the industry, other credentials determined by the Secretary to be appropriate; (C) shall be related to the targeted infrastructure industry that the eligible partnership proposes to support; and (D) may be a registered apprenticeship program; (7) a description of the manner in which the eligible partnership intends to make sustainable progress towards achieving such strategic objectives; (8) performance measures for measuring progress towards achieving such strategic objectives; (9) a description of the Federal and non-Federal resources, available under provisions of law other than this Act, that will be leveraged in support of the partnerships and activities under this Act; and (10) a timeline for progress towards achieving such strategic objectives. (c) Targeted infrastructure industry \nEach grant under this Act shall serve a targeted infrastructure industry that is identified by the eligible partnership through working with businesses, industry associations and organizations, labor organizations, State boards, local boards, economic development agencies, and other organizations that the eligible partnership determines necessary. (d) Strategic objectives \nThe activities to be carried out under each grant awarded under this Act shall be designed to achieve strategic objectives that include the following: (1) Recruiting key stakeholders in the targeted infrastructure industry, such as multiple businesses, labor organizations, local boards, and education and training providers, including providers of career and technical education, and regularly convening the stakeholders in a collaborative structure that supports the sharing of information, ideas, and challenges common to the targeted infrastructure industry. (2) Identifying the training needs of multiple businesses in the targeted infrastructure industry, including— (A) needs for skills critical to competitiveness and innovation in the industry; (B) needs of the registered apprenticeship programs or other work-based learning programs supported by the grant; and (C) needs for the usage of career pathways. (3) Facilitating actions that lead to economies of scale by aggregating training and education needs of multiple businesses. (4) Helping postsecondary educational institutions, training institutions, sponsors of registered apprenticeship programs, and all other providers of career and technical education and training programs receiving assistance under this Act, align curricula, entrance requirements, and programs to the targeted infrastructure industry needs and the credentials described in subsection (b)(6), particularly for higher skill, high-priority occupations related to the targeted infrastructure industry. (5) Providing information on the grant activities to the State agency carrying out the State program under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), including staff of the agency that provide services under such Act, to enable the agency to inform recipients of unemployment compensation of the employment and training opportunities that may be offered through the grant activities. (6) Helping partner businesses in industry or sector partnerships to attract potential workers from a diverse jobseeker base, including individuals with barriers to employment, by identifying any such barriers through analysis of the labor market and implementing strategies to help such workers overcome such barriers.", "id": "H139320768DAB49B0B5BA89C59BAFE16D", "header": "Application process", "nested": [ { "text": "(a) In general \nAn eligible partnership desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the contents described in subsection (b).", "id": "H3018EF8051BE4B54B202A37840104DDD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nAn application submitted under this Act shall contain, at a minimum— (1) a description of the eligible partnership, evidence of the eligible partnership’s capacity to carry out activities to achieve the strategic objectives described in subsection (d), and the expected participation and responsibilities of each of the partners included in the industry or sector partnership involved; (2) a description of the targeted infrastructure industry served by the grant, and a description of how such industry was identified in accordance with subsection (c); (3) a description of the workers that will be targeted or recruited by the partnership, including an analysis of the existing labor market, a description of potential barriers to employment for targeted workers, and a description of strategies that will be used to help workers overcome such barriers; (4) a description of the local, State, or federally funded infrastructure projects on which the eligible partnership anticipates engaging partners; (5) a description of the strategic objectives described in subsection (d) that the eligible partnership intends to achieve concerning the targeted infrastructure industry; (6) a description of the credentials that the eligible partnership proposes to use or develop as a performance measure, to assess the degree to which the eligible partnership has achieved such strategic objectives, which credentials— (A) shall be nationally portable; (B) shall be recognized postsecondary credentials or, if not available for the industry, other credentials determined by the Secretary to be appropriate; (C) shall be related to the targeted infrastructure industry that the eligible partnership proposes to support; and (D) may be a registered apprenticeship program; (7) a description of the manner in which the eligible partnership intends to make sustainable progress towards achieving such strategic objectives; (8) performance measures for measuring progress towards achieving such strategic objectives; (9) a description of the Federal and non-Federal resources, available under provisions of law other than this Act, that will be leveraged in support of the partnerships and activities under this Act; and (10) a timeline for progress towards achieving such strategic objectives.", "id": "H56F85B4B061E4A24B626546F8C9EB804", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Targeted infrastructure industry \nEach grant under this Act shall serve a targeted infrastructure industry that is identified by the eligible partnership through working with businesses, industry associations and organizations, labor organizations, State boards, local boards, economic development agencies, and other organizations that the eligible partnership determines necessary.", "id": "HA9A3350B371B4CC9966ECF51852C79AE", "header": "Targeted infrastructure industry", "nested": [], "links": [] }, { "text": "(d) Strategic objectives \nThe activities to be carried out under each grant awarded under this Act shall be designed to achieve strategic objectives that include the following: (1) Recruiting key stakeholders in the targeted infrastructure industry, such as multiple businesses, labor organizations, local boards, and education and training providers, including providers of career and technical education, and regularly convening the stakeholders in a collaborative structure that supports the sharing of information, ideas, and challenges common to the targeted infrastructure industry. (2) Identifying the training needs of multiple businesses in the targeted infrastructure industry, including— (A) needs for skills critical to competitiveness and innovation in the industry; (B) needs of the registered apprenticeship programs or other work-based learning programs supported by the grant; and (C) needs for the usage of career pathways. (3) Facilitating actions that lead to economies of scale by aggregating training and education needs of multiple businesses. (4) Helping postsecondary educational institutions, training institutions, sponsors of registered apprenticeship programs, and all other providers of career and technical education and training programs receiving assistance under this Act, align curricula, entrance requirements, and programs to the targeted infrastructure industry needs and the credentials described in subsection (b)(6), particularly for higher skill, high-priority occupations related to the targeted infrastructure industry. (5) Providing information on the grant activities to the State agency carrying out the State program under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), including staff of the agency that provide services under such Act, to enable the agency to inform recipients of unemployment compensation of the employment and training opportunities that may be offered through the grant activities. (6) Helping partner businesses in industry or sector partnerships to attract potential workers from a diverse jobseeker base, including individuals with barriers to employment, by identifying any such barriers through analysis of the labor market and implementing strategies to help such workers overcome such barriers.", "id": "H2B441F5A61734DF39A6DD64F999BD613", "header": "Strategic objectives", "nested": [], "links": [ { "text": "29 U.S.C. 49 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/49" } ] } ], "links": [ { "text": "29 U.S.C. 49 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/49" } ] }, { "text": "6. Activities \n(a) In general \nAn eligible partnership receiving a grant under this Act shall— (1) designate an entity in the industry or sector partnership as the fiscal agent for the grant funds; and (2) carry out activities described in subsections (b) (as applicable), (c), and (d) to achieve the strategic objectives identified in the entity's application under section 5(b)(5), in a manner that integrates services and funding sources to ensure effectiveness of the activities and that uses the grant funds efficiently. (b) Planning activities \nAn eligible partnership receiving an implementation grant under this Act shall use not more than $250,000 of the grant funds to carry out planning activities during the first year of the grant period. Such activities may include— (1) establishing the industry or sector partnership; (2) convening key stakeholders as identified in the application process; (3) conducting outreach to local businesses and business associations; (4) conducting an evaluation of workforce needs in the local area; or (5) recruiting individuals with barriers to employment. (c) Business engagement \nAn eligible partnership receiving a grant under this Act shall use the grant funds to provide services to engage businesses in efforts to achieve the strategic objectives identified in the partnership’s application under section 5(b)(5). The services may include assisting businesses— (1) in navigating the registration process for a sponsor of a registered apprenticeship program; (2) by connecting the business with an education provider, including a provider of career and technical education, to develop classroom instruction to complement on-the-job learning; (3) in developing the curriculum design of a work-based learning program; (4) in employing workers participating in a work-based learning program for a transitional period before a business hires the worker for full-time employment not less than 30 hours a week; (5) in providing training to managers and front-line workers to serve as trainers or mentors to workers participating in a work-based learning program; (6) in providing career awareness activities, such as career guidance and academic counseling; and (7) in recruiting, for participation in a work-based learning program, individuals eligible to receive additional workforce or human services, including— (A) individuals participating in programs under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), and the amendments made by such Act, including to the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ); (B) recipients of assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); (C) recipients of assistance through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); or (D) any other individuals with a barrier to employment. (d) Support services \nThe eligible partnership receiving a grant under this Act shall use the grant funds to provide services to support the success of individuals described in subsection (c)(7) who are participating in a work-based learning program for a period of not less than 12 months. Such services may include the following: (1) Pre-employment services \nServices, provided in a pre-employment stage of the program, to expand access to a work-based learning program for individuals described in subsection (c)(7). Such services may include— (A) skills training; (B) career and technical education or adult basic education; (C) initial skills assessments; (D) providing work attire, necessary tools for a work site, and other required items necessary to start employment; (E) wrap-around services, such as child care and transportation; and (F) job placement assistance. (2) Early employment services \nServices provided to individuals described in subsection (c)(7) who are participating in a work-based learning program during their first 6 months of employment through such program, to assure the individuals succeed in the program. Such services may include— (A) ongoing case management and support services, including the services provided in the pre-employment stage described in paragraph (1); (B) continued skills training, including career and technical education, conducted in collaboration with employers of such individuals; (C) additional mentorship and retention supports for such individuals; (D) targeted training for frontline managers, journey level workers working with such individuals (such as mentors), and human resource representatives within the business where such individuals are placed; and (E) wages and benefits for a period of not more than 6 months, during which the eligible entities shall serve as the employers of record of such individuals. (3) Employment services \nServices to ensure the individuals described in paragraph (2) maintain employment in the work-based learning program for at least 12 months. The services shall include support necessary to complete the work-based learning program, such as continuation of mentoring and support services provided under paragraph (2). (e) Evaluation and progress reports \nNot later than 1 year after receiving a grant under this Act, and annually thereafter, the eligible partnership receiving the grant shall submit a report to the Secretary and the Governor of the State that the eligible partnership serves, that— (1) describes the activities funded by the grant; (2) evaluates the progress the eligible partnership has made towards achieving the strategic objectives identified under section 5(b)(5); and (3) evaluates the levels of performance achieved by the eligible partnership for training participants with respect to the performance indicators under section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A) ) for all such workers, disaggregated by each population specified in section 3(24) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(24) ) and by race, ethnicity, sex, and age. (f) Administrative costs \nAn eligible partnership may use not more than 5 percent of the funds awarded through a grant under this Act for administrative expenses in carrying out this section.", "id": "HEC41695CE0E841169A43099AA1398B2F", "header": "Activities", "nested": [ { "text": "(a) In general \nAn eligible partnership receiving a grant under this Act shall— (1) designate an entity in the industry or sector partnership as the fiscal agent for the grant funds; and (2) carry out activities described in subsections (b) (as applicable), (c), and (d) to achieve the strategic objectives identified in the entity's application under section 5(b)(5), in a manner that integrates services and funding sources to ensure effectiveness of the activities and that uses the grant funds efficiently.", "id": "H5D01AE0D2B5B4B52866A6AD47D9B3832", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Planning activities \nAn eligible partnership receiving an implementation grant under this Act shall use not more than $250,000 of the grant funds to carry out planning activities during the first year of the grant period. Such activities may include— (1) establishing the industry or sector partnership; (2) convening key stakeholders as identified in the application process; (3) conducting outreach to local businesses and business associations; (4) conducting an evaluation of workforce needs in the local area; or (5) recruiting individuals with barriers to employment.", "id": "H95B26BE5D6A44DB1857FFCA37AE1A08D", "header": "Planning activities", "nested": [], "links": [] }, { "text": "(c) Business engagement \nAn eligible partnership receiving a grant under this Act shall use the grant funds to provide services to engage businesses in efforts to achieve the strategic objectives identified in the partnership’s application under section 5(b)(5). The services may include assisting businesses— (1) in navigating the registration process for a sponsor of a registered apprenticeship program; (2) by connecting the business with an education provider, including a provider of career and technical education, to develop classroom instruction to complement on-the-job learning; (3) in developing the curriculum design of a work-based learning program; (4) in employing workers participating in a work-based learning program for a transitional period before a business hires the worker for full-time employment not less than 30 hours a week; (5) in providing training to managers and front-line workers to serve as trainers or mentors to workers participating in a work-based learning program; (6) in providing career awareness activities, such as career guidance and academic counseling; and (7) in recruiting, for participation in a work-based learning program, individuals eligible to receive additional workforce or human services, including— (A) individuals participating in programs under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), and the amendments made by such Act, including to the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ); (B) recipients of assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); (C) recipients of assistance through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); or (D) any other individuals with a barrier to employment.", "id": "H5EF546230F0F4E72A85838797E367906", "header": "Business engagement", "nested": [], "links": [ { "text": "29 U.S.C. 3101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3101" }, { "text": "29 U.S.C. 701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/701" }, { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" } ] }, { "text": "(d) Support services \nThe eligible partnership receiving a grant under this Act shall use the grant funds to provide services to support the success of individuals described in subsection (c)(7) who are participating in a work-based learning program for a period of not less than 12 months. Such services may include the following: (1) Pre-employment services \nServices, provided in a pre-employment stage of the program, to expand access to a work-based learning program for individuals described in subsection (c)(7). Such services may include— (A) skills training; (B) career and technical education or adult basic education; (C) initial skills assessments; (D) providing work attire, necessary tools for a work site, and other required items necessary to start employment; (E) wrap-around services, such as child care and transportation; and (F) job placement assistance. (2) Early employment services \nServices provided to individuals described in subsection (c)(7) who are participating in a work-based learning program during their first 6 months of employment through such program, to assure the individuals succeed in the program. Such services may include— (A) ongoing case management and support services, including the services provided in the pre-employment stage described in paragraph (1); (B) continued skills training, including career and technical education, conducted in collaboration with employers of such individuals; (C) additional mentorship and retention supports for such individuals; (D) targeted training for frontline managers, journey level workers working with such individuals (such as mentors), and human resource representatives within the business where such individuals are placed; and (E) wages and benefits for a period of not more than 6 months, during which the eligible entities shall serve as the employers of record of such individuals. (3) Employment services \nServices to ensure the individuals described in paragraph (2) maintain employment in the work-based learning program for at least 12 months. The services shall include support necessary to complete the work-based learning program, such as continuation of mentoring and support services provided under paragraph (2).", "id": "H87F6269C6F2B4414A8930561286D9ABB", "header": "Support services", "nested": [], "links": [] }, { "text": "(e) Evaluation and progress reports \nNot later than 1 year after receiving a grant under this Act, and annually thereafter, the eligible partnership receiving the grant shall submit a report to the Secretary and the Governor of the State that the eligible partnership serves, that— (1) describes the activities funded by the grant; (2) evaluates the progress the eligible partnership has made towards achieving the strategic objectives identified under section 5(b)(5); and (3) evaluates the levels of performance achieved by the eligible partnership for training participants with respect to the performance indicators under section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A) ) for all such workers, disaggregated by each population specified in section 3(24) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(24) ) and by race, ethnicity, sex, and age.", "id": "H540518B69E994D83908A5DB32740D0FD", "header": "Evaluation and progress reports", "nested": [], "links": [ { "text": "29 U.S.C. 3141(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/3141" }, { "text": "29 U.S.C. 3102(24)", "legal-doc": "usc", "parsable-cite": "usc/29/3102" } ] }, { "text": "(f) Administrative costs \nAn eligible partnership may use not more than 5 percent of the funds awarded through a grant under this Act for administrative expenses in carrying out this section.", "id": "H043BBA99E1FE4FCE97E5DED3F89442BC", "header": "Administrative costs", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 3101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3101" }, { "text": "29 U.S.C. 701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/701" }, { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" }, { "text": "29 U.S.C. 3141(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/3141" }, { "text": "29 U.S.C. 3102(24)", "legal-doc": "usc", "parsable-cite": "usc/29/3102" } ] }, { "text": "7. Administration by the Secretary \n(a) In general \nThe Secretary may use not more than 10 percent of the amount appropriated under section 8 for each fiscal year for administrative expenses to carry out this Act, including the expenses of providing the technical assistance and oversight activities under subsection (b). (b) Technical assistance; oversight \nThe Secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants awarded under this Act.", "id": "HCD73093008A84EAB802836E707F97B81", "header": "Administration by the Secretary", "nested": [ { "text": "(a) In general \nThe Secretary may use not more than 10 percent of the amount appropriated under section 8 for each fiscal year for administrative expenses to carry out this Act, including the expenses of providing the technical assistance and oversight activities under subsection (b).", "id": "HBD988837D4DB4CD8B61E9AA42E7C5B9D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Technical assistance; oversight \nThe Secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants awarded under this Act.", "id": "H23D35CAF94EF49CDBB7C36D0D0E282E9", "header": "Technical assistance; oversight", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act, $500,000,000 for fiscal year 2024 and each of the succeeding 4 fiscal years.", "id": "HE814065F629243DDB07A38E282A86ED1", "header": "Authorization of appropriations", "nested": [], "links": [] } ]
8
1. Short title This Act may be cited as the Building U.S. Infrastructure by Leveraging Demands for Skills or the BUILDS Act. 2. Purpose The purpose of this Act is to promote industry or sector partnerships that engage in collaborative planning, resource alignment, and training efforts across multiple businesses, for a range of workers employed or potentially employed by targeted infrastructure industries, including energy, construction, information technology, utilities, and transportation, in order to encourage industry growth and competitiveness and to improve worker training, retention, and advancement. 3. Definitions In this Act: (1) Career and technical education; career guidance and academic counseling The terms career and technical education and career guidance and academic counseling have the meanings given such terms in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) Career pathway The term career pathway has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (3) Eligible partnership The term eligible partnership means a partnership that is an industry or sector partnership, or (with respect to an implementation grant) a partnership that is in the process of establishing an industry or sector partnership. (4) Individual with a barrier to employment The term individual with a barrier to employment has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (5) Industry or sector partnership The term industry or sector partnership has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (6) Local board The term local board has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (7) Recognized postsecondary credential The term recognized postsecondary credential has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (8) Secretary The term Secretary means the Secretary of Labor. (9) State; state board The terms State and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (10) Targeted infrastructure industry The term targeted infrastructure industry means an industry, including transportation (including surface, transit, aviation, or railway transportation), construction, energy (including the deployment of renewable and clean energy, energy efficiency, transmission, and battery storage), information technology, or utilities industries, that the eligible partnership identifies in accordance with section 5(c) to be served by a grant under this Act. (11) Work-based learning program (A) In general The term work-based learning program means a program (which may be a registered apprenticeship program) that provides workers with paid work experience and corresponding approved classroom instruction, delivered in an employment relationship that both the employer and worker intend to lead to continuing employment after the program ends. (B) Work experience In subparagraph (A), the term paid work experience includes training by an employer that is provided to a paid worker while engaged in productive work in a job that provides knowledge or skills essential to the full and adequate performance of the job. (12) Registered apprenticeship The term registered apprenticeship means an apprenticeship 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. ). 4. Grants authorized (a) In general The Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, and the Chief of Engineers and Commanding General of the Army Corps of Engineers, shall award, on a competitive basis, grants to eligible entities to plan and implement activities to achieve the strategic objectives described in section 5(d) with respect to a targeted infrastructure industry. (b) Grants (1) Types of grants A grant awarded under this Act may be in the form of— (A) an implementation grant, for entities seeking an initial grant under this Act; or (B) a renewal grant for entities that have already received an implementation grant under this Act. (2) Duration Each grant awarded under this Act shall be for a period not to exceed 3 years. (3) Amount The amount of a grant awarded under this Act may not exceed— (A) for an implementation grant, $2,500,000; and (B) for a renewal grant, $1,500,000. (c) Award basis (1) Geographic diversity The Secretary shall award grants under this Act in a manner that ensures geographic diversity in the areas in which activities will be carried out under the grants. (2) Priority for renewal grants In awarding renewal grants under this Act, the Secretary shall give priority to eligible entities that— (A) demonstrate long-term sustainability of an industry or sector partnership; and (B) provide a non-Federal share of the cost of the activities. 5. Application process (a) In general An eligible partnership desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the contents described in subsection (b). (b) Contents An application submitted under this Act shall contain, at a minimum— (1) a description of the eligible partnership, evidence of the eligible partnership’s capacity to carry out activities to achieve the strategic objectives described in subsection (d), and the expected participation and responsibilities of each of the partners included in the industry or sector partnership involved; (2) a description of the targeted infrastructure industry served by the grant, and a description of how such industry was identified in accordance with subsection (c); (3) a description of the workers that will be targeted or recruited by the partnership, including an analysis of the existing labor market, a description of potential barriers to employment for targeted workers, and a description of strategies that will be used to help workers overcome such barriers; (4) a description of the local, State, or federally funded infrastructure projects on which the eligible partnership anticipates engaging partners; (5) a description of the strategic objectives described in subsection (d) that the eligible partnership intends to achieve concerning the targeted infrastructure industry; (6) a description of the credentials that the eligible partnership proposes to use or develop as a performance measure, to assess the degree to which the eligible partnership has achieved such strategic objectives, which credentials— (A) shall be nationally portable; (B) shall be recognized postsecondary credentials or, if not available for the industry, other credentials determined by the Secretary to be appropriate; (C) shall be related to the targeted infrastructure industry that the eligible partnership proposes to support; and (D) may be a registered apprenticeship program; (7) a description of the manner in which the eligible partnership intends to make sustainable progress towards achieving such strategic objectives; (8) performance measures for measuring progress towards achieving such strategic objectives; (9) a description of the Federal and non-Federal resources, available under provisions of law other than this Act, that will be leveraged in support of the partnerships and activities under this Act; and (10) a timeline for progress towards achieving such strategic objectives. (c) Targeted infrastructure industry Each grant under this Act shall serve a targeted infrastructure industry that is identified by the eligible partnership through working with businesses, industry associations and organizations, labor organizations, State boards, local boards, economic development agencies, and other organizations that the eligible partnership determines necessary. (d) Strategic objectives The activities to be carried out under each grant awarded under this Act shall be designed to achieve strategic objectives that include the following: (1) Recruiting key stakeholders in the targeted infrastructure industry, such as multiple businesses, labor organizations, local boards, and education and training providers, including providers of career and technical education, and regularly convening the stakeholders in a collaborative structure that supports the sharing of information, ideas, and challenges common to the targeted infrastructure industry. (2) Identifying the training needs of multiple businesses in the targeted infrastructure industry, including— (A) needs for skills critical to competitiveness and innovation in the industry; (B) needs of the registered apprenticeship programs or other work-based learning programs supported by the grant; and (C) needs for the usage of career pathways. (3) Facilitating actions that lead to economies of scale by aggregating training and education needs of multiple businesses. (4) Helping postsecondary educational institutions, training institutions, sponsors of registered apprenticeship programs, and all other providers of career and technical education and training programs receiving assistance under this Act, align curricula, entrance requirements, and programs to the targeted infrastructure industry needs and the credentials described in subsection (b)(6), particularly for higher skill, high-priority occupations related to the targeted infrastructure industry. (5) Providing information on the grant activities to the State agency carrying out the State program under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), including staff of the agency that provide services under such Act, to enable the agency to inform recipients of unemployment compensation of the employment and training opportunities that may be offered through the grant activities. (6) Helping partner businesses in industry or sector partnerships to attract potential workers from a diverse jobseeker base, including individuals with barriers to employment, by identifying any such barriers through analysis of the labor market and implementing strategies to help such workers overcome such barriers. 6. Activities (a) In general An eligible partnership receiving a grant under this Act shall— (1) designate an entity in the industry or sector partnership as the fiscal agent for the grant funds; and (2) carry out activities described in subsections (b) (as applicable), (c), and (d) to achieve the strategic objectives identified in the entity's application under section 5(b)(5), in a manner that integrates services and funding sources to ensure effectiveness of the activities and that uses the grant funds efficiently. (b) Planning activities An eligible partnership receiving an implementation grant under this Act shall use not more than $250,000 of the grant funds to carry out planning activities during the first year of the grant period. Such activities may include— (1) establishing the industry or sector partnership; (2) convening key stakeholders as identified in the application process; (3) conducting outreach to local businesses and business associations; (4) conducting an evaluation of workforce needs in the local area; or (5) recruiting individuals with barriers to employment. (c) Business engagement An eligible partnership receiving a grant under this Act shall use the grant funds to provide services to engage businesses in efforts to achieve the strategic objectives identified in the partnership’s application under section 5(b)(5). The services may include assisting businesses— (1) in navigating the registration process for a sponsor of a registered apprenticeship program; (2) by connecting the business with an education provider, including a provider of career and technical education, to develop classroom instruction to complement on-the-job learning; (3) in developing the curriculum design of a work-based learning program; (4) in employing workers participating in a work-based learning program for a transitional period before a business hires the worker for full-time employment not less than 30 hours a week; (5) in providing training to managers and front-line workers to serve as trainers or mentors to workers participating in a work-based learning program; (6) in providing career awareness activities, such as career guidance and academic counseling; and (7) in recruiting, for participation in a work-based learning program, individuals eligible to receive additional workforce or human services, including— (A) individuals participating in programs under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), and the amendments made by such Act, including to the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ); (B) recipients of assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); (C) recipients of assistance through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); or (D) any other individuals with a barrier to employment. (d) Support services The eligible partnership receiving a grant under this Act shall use the grant funds to provide services to support the success of individuals described in subsection (c)(7) who are participating in a work-based learning program for a period of not less than 12 months. Such services may include the following: (1) Pre-employment services Services, provided in a pre-employment stage of the program, to expand access to a work-based learning program for individuals described in subsection (c)(7). Such services may include— (A) skills training; (B) career and technical education or adult basic education; (C) initial skills assessments; (D) providing work attire, necessary tools for a work site, and other required items necessary to start employment; (E) wrap-around services, such as child care and transportation; and (F) job placement assistance. (2) Early employment services Services provided to individuals described in subsection (c)(7) who are participating in a work-based learning program during their first 6 months of employment through such program, to assure the individuals succeed in the program. Such services may include— (A) ongoing case management and support services, including the services provided in the pre-employment stage described in paragraph (1); (B) continued skills training, including career and technical education, conducted in collaboration with employers of such individuals; (C) additional mentorship and retention supports for such individuals; (D) targeted training for frontline managers, journey level workers working with such individuals (such as mentors), and human resource representatives within the business where such individuals are placed; and (E) wages and benefits for a period of not more than 6 months, during which the eligible entities shall serve as the employers of record of such individuals. (3) Employment services Services to ensure the individuals described in paragraph (2) maintain employment in the work-based learning program for at least 12 months. The services shall include support necessary to complete the work-based learning program, such as continuation of mentoring and support services provided under paragraph (2). (e) Evaluation and progress reports Not later than 1 year after receiving a grant under this Act, and annually thereafter, the eligible partnership receiving the grant shall submit a report to the Secretary and the Governor of the State that the eligible partnership serves, that— (1) describes the activities funded by the grant; (2) evaluates the progress the eligible partnership has made towards achieving the strategic objectives identified under section 5(b)(5); and (3) evaluates the levels of performance achieved by the eligible partnership for training participants with respect to the performance indicators under section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A) ) for all such workers, disaggregated by each population specified in section 3(24) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(24) ) and by race, ethnicity, sex, and age. (f) Administrative costs An eligible partnership may use not more than 5 percent of the funds awarded through a grant under this Act for administrative expenses in carrying out this section. 7. Administration by the Secretary (a) In general The Secretary may use not more than 10 percent of the amount appropriated under section 8 for each fiscal year for administrative expenses to carry out this Act, including the expenses of providing the technical assistance and oversight activities under subsection (b). (b) Technical assistance; oversight The Secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants awarded under this Act. 8. Authorization of appropriations There is authorized to be appropriated to carry out this Act, $500,000,000 for fiscal year 2024 and each of the succeeding 4 fiscal years.
17,504
[ "Education and the Workforce Committee" ]
118hr4003ih
118
hr
4,003
ih
To prohibit any regulations on the singing of the National Anthem on any Federal property.
[ { "text": "1. Short title \nThis Act may be cited as the Let Freedom Sing Act.", "id": "H09ECC086BFC74083AA48B3D4EE3CBEA4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) Singing of the National Anthem is an officially recognized national unity ritual. Inspired by the sight of the American flag still waving at Fort McHenry after 25 hours of continual bombardment by British forces, Francis Scott Key wrote the words of the Star-Spangled Banner in 1814. In 1931, Congress declared that the Star-Spangled Banner is the national anthem of the United States in section 301 of title 36, United States Code. (2) Recognizing that the First Amendment states Congress shall make no law … abridging the freedom of speech. (3) Further recognizes that singing the National Anthem is an ultimate demonstration of freedom of speech, and any restrictions placed upon singing the National Anthem in a means that is non-disruptive would be a violation of the First Amendment. (4) Continues that Federal properties such as the U.S. Capitol should be included as traditional public forums and that singing the National Anthem in public spaces which does not interfere with the operation of the Federal Government’s official business shall not be viewed as a form of protest. (5) Recognizes that specific spaces in the U.S. Capitol such as National Statuary Hall are a part of the shared American heritage, and access to these spaces for national unity rituals shall not be limited, as singing the National Anthem is not a form of disruptive protest. (b) Purpose \nIt is the purpose of this Act to protect and to preserve national unity and freedom of speech guaranteeing that the right to sing the National Anthem in federally owned public spaces such as the U.S. Capitol shall not be restricted for any purposes, when the actions do not interfere with the operation of the Federal Government.", "id": "H178F0F38C7664D8EB4393C005FB2EA69", "header": "Findings and purpose", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Singing of the National Anthem is an officially recognized national unity ritual. Inspired by the sight of the American flag still waving at Fort McHenry after 25 hours of continual bombardment by British forces, Francis Scott Key wrote the words of the Star-Spangled Banner in 1814. In 1931, Congress declared that the Star-Spangled Banner is the national anthem of the United States in section 301 of title 36, United States Code. (2) Recognizing that the First Amendment states Congress shall make no law … abridging the freedom of speech. (3) Further recognizes that singing the National Anthem is an ultimate demonstration of freedom of speech, and any restrictions placed upon singing the National Anthem in a means that is non-disruptive would be a violation of the First Amendment. (4) Continues that Federal properties such as the U.S. Capitol should be included as traditional public forums and that singing the National Anthem in public spaces which does not interfere with the operation of the Federal Government’s official business shall not be viewed as a form of protest. (5) Recognizes that specific spaces in the U.S. Capitol such as National Statuary Hall are a part of the shared American heritage, and access to these spaces for national unity rituals shall not be limited, as singing the National Anthem is not a form of disruptive protest.", "id": "HB06D4EEA7C97415CAF09FDD27EA42B5D", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purpose \nIt is the purpose of this Act to protect and to preserve national unity and freedom of speech guaranteeing that the right to sing the National Anthem in federally owned public spaces such as the U.S. Capitol shall not be restricted for any purposes, when the actions do not interfere with the operation of the Federal Government.", "id": "H328DC48B4CF741E2AD837AC58547A700", "header": "Purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Prohibition \n(a) Prohibition \n(1) Prohibits musical performances from being listed as an activity requiring permits from U.S. Capitol Police or the Sergeant at Arms for activities in the U.S. Capitol. (2) Overrules D.C. Code § 22–1307 with exclusive regard to the U.S. Capitol to ensure that in public spaces within the U.S. Capitol, specifically National Statuary Hall, where it does not interfere with the flow of official business it is lawful to sing the National Anthem without prior authorization being required and that it shall not be considered a form of unpermitted protest. (3) Places the sole discretion to limit musical performances in the Capitol on the Speaker of the House and President of the Senate, to be exercised at a shared discretion only to permit official business to continue uninterrupted.", "id": "H4BC09A57CA124E46BA69CE5E32E986CB", "header": "Prohibition", "nested": [ { "text": "(a) Prohibition \n(1) Prohibits musical performances from being listed as an activity requiring permits from U.S. Capitol Police or the Sergeant at Arms for activities in the U.S. Capitol. (2) Overrules D.C. Code § 22–1307 with exclusive regard to the U.S. Capitol to ensure that in public spaces within the U.S. Capitol, specifically National Statuary Hall, where it does not interfere with the flow of official business it is lawful to sing the National Anthem without prior authorization being required and that it shall not be considered a form of unpermitted protest. (3) Places the sole discretion to limit musical performances in the Capitol on the Speaker of the House and President of the Senate, to be exercised at a shared discretion only to permit official business to continue uninterrupted.", "id": "HBBAE10B7DC6D4EBB9BF1D81A5D4A5EE9", "header": "Prohibition", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Let Freedom Sing Act. 2. Findings and purpose (a) Findings Congress finds the following: (1) Singing of the National Anthem is an officially recognized national unity ritual. Inspired by the sight of the American flag still waving at Fort McHenry after 25 hours of continual bombardment by British forces, Francis Scott Key wrote the words of the Star-Spangled Banner in 1814. In 1931, Congress declared that the Star-Spangled Banner is the national anthem of the United States in section 301 of title 36, United States Code. (2) Recognizing that the First Amendment states Congress shall make no law … abridging the freedom of speech. (3) Further recognizes that singing the National Anthem is an ultimate demonstration of freedom of speech, and any restrictions placed upon singing the National Anthem in a means that is non-disruptive would be a violation of the First Amendment. (4) Continues that Federal properties such as the U.S. Capitol should be included as traditional public forums and that singing the National Anthem in public spaces which does not interfere with the operation of the Federal Government’s official business shall not be viewed as a form of protest. (5) Recognizes that specific spaces in the U.S. Capitol such as National Statuary Hall are a part of the shared American heritage, and access to these spaces for national unity rituals shall not be limited, as singing the National Anthem is not a form of disruptive protest. (b) Purpose It is the purpose of this Act to protect and to preserve national unity and freedom of speech guaranteeing that the right to sing the National Anthem in federally owned public spaces such as the U.S. Capitol shall not be restricted for any purposes, when the actions do not interfere with the operation of the Federal Government. 3. Prohibition (a) Prohibition (1) Prohibits musical performances from being listed as an activity requiring permits from U.S. Capitol Police or the Sergeant at Arms for activities in the U.S. Capitol. (2) Overrules D.C. Code § 22–1307 with exclusive regard to the U.S. Capitol to ensure that in public spaces within the U.S. Capitol, specifically National Statuary Hall, where it does not interfere with the flow of official business it is lawful to sing the National Anthem without prior authorization being required and that it shall not be considered a form of unpermitted protest. (3) Places the sole discretion to limit musical performances in the Capitol on the Speaker of the House and President of the Senate, to be exercised at a shared discretion only to permit official business to continue uninterrupted.
2,664
[ "Committee on House Administration", "Oversight and Accountability Committee" ]
118hr888ih
118
hr
888
ih
To provide accountability for funding provided to the Internal Revenue Service and the Department of the Treasury under Public Law 117–169.
[ { "text": "1. Short title \nThis Act may be cited as the IRS Funding Accountability Act.", "id": "H0A2CE28ECC1547BCB04D750450F9861A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Annual comprehensive spending plan for increased Internal Revenue Service resources \n(a) Limitation on funding \n(1) Initial plan \n(A) In general \nNone of the funds described in paragraph (3) may be obligated during the period— (i) beginning on the date of the enactment of this Act; and (ii) ending on the date that is 60 days after the spending plan described in subsection (b)(1)(A) has been submitted. (B) Additional moratorium \nIf Congress enacts a joint resolution of disapproval described in subsection (c) with respect to the Internal Revenue Service spending plan before the date described in subparagraph (A)(ii), then— (i) the Commissioner of Internal Revenue shall submit a new spending plan under subsection (b)(1)(A); and (ii) the period described in subparagraph (A) shall not end before the date that is 60 days after such new spending plan is submitted. (2) Subsequent submissions \n(A) In general \nNone of the funds described in paragraph (3) may be obligated during any period— (i) beginning on the date Congress has enacted a joint resolution of disapproval under subsection (c) with respect to any spending plan described in subsection (b)(1)(B); and (ii) ending on the date that is 60 days after the date on which the Commissioner of Internal Revenue has submitted a new spending plan under such subsection. (B) Additional moratorium \nIf Congress enacts a joint resolution of disapproval described in subsection (c) with respect to any new spending plan submitted under subparagraph (A)(ii) before the date that is 60 days after the date on which such new spending plan has been submitted, then— (i) the Commissioner of Internal Revenue shall submit an additional new spending plan under subsection (b)(1)(B); and (ii) the period described in subparagraph (A) shall not end before the date that is 60 days after such additional new spending plan is submitted. (3) Funds described \nThe funds described in this paragraph are the following: (A) Any funds made available under clause (ii), (iii), or (iv) of section 10301(1)(A) of Public Law 117–169. (B) Any funds made available under section 10301(1)(A)(i) of Public Law 117–169 other than funds used for the following purposes: (i) Eliminating any correspondence or return processing backlog. (ii) Reducing call wait times for taxpayers and tax professionals. (b) Annual comprehensive spending plan \n(1) In general \n(A) Initial plan \nNot later than 60 days after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a spending plan described in paragraph (2). (B) Subsequent submissions \n(i) In general \nFor each fiscal year beginning after the plan described in subparagraph (A) is submitted and ending with fiscal year 2031, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a spending plan described in paragraph (2) on the date that the President submits the budget required under section 1105(a) of title 31, United States Code. (ii) Reduction in appropriation \n(I) In general \nIn the case of any failure to submit a plan required under clause (i) by the date that is 7 days after the date the plan is required to be submitted and, the amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 shall be reduced by $10,000,000 for each day after such required date that report has not been submitted. (II) Required date \nFor purposes of this clause, the term required date means, with respect to any plan required under this subparagraph, the date that is 7 days after such plan is required to be submitted. (2) Spending plan \n(A) In general \nA spending plan described in this subparagraph is a plan that— (i) details how the funds appropriated under section 10301(1) of Public Law 117–169 will be spent over— (I) the period consisting of the current fiscal year and the next 4 fiscal years ending before fiscal year 2032; and (II) the period consisting of the current fiscal year through the fiscal year ending with fiscal year 2031 (if such period includes any period not described in subclause (I)); (ii) contains the information described in subparagraph (B); (iii) has been reviewed by— (I) the Internal Revenue Service Advisory Council; (II) the Comptroller of the United States; (III) the National Taxpayer Advocate; and (IV) the Director of the Office of Management and Budget; and (iv) has been approved by the Director of the Office of Management and Budget. (B) Plan contents \nThe information described in this paragraph is the following: (i) A detailed explanation of the plan, including— (I) costs and results to date, actual expenditures of the prior fiscal year, actual and expected expenditures of the current fiscal year, upcoming deliverables and expected costs, and total expenditures; (II) clearly defined objectives, timelines, and metrics for quantitatively measuring the plan’s annual progress, including with respect to measuring improvements in taxpayer services, revenue collection, information technology, cybersecurity, and taxpayer data protections; and (III) a description of any differences between metrics described in subclause (II) and corresponding metrics used by the National Taxpayer Advocate, the Comptroller General of the United States, and the Treasury Inspector General for Tax Administration. (ii) A detailed analysis of the performance of the Internal Revenue Service with respect to the delivery of taxpayer services, including— (I) the Level of Service (LOS) of phone lines (as a percent of phone calls answered by an Internal Revenue Service employee, not to include courtesy disconnects or automated call backs); (II) the median and average wait time to speak to a representative of the Internal Revenue Service; (III) the amount of unprocessed taxpayer correspondence, including tax returns, responses to Internal Revenue Service notices, tax payments, and other similar types of correspondence; and (IV) the median and average length of time for processing the items described in subclause (III) and processing refund claims. (iii) An analysis identifying any increase or decrease in total annual audits and annual audit rates by income group for the period beginning in 2018 and ending with the year the report is submitted. Such analysis shall include a detailed description of what constitutes an audit by the Internal Revenue Service, and if the definition of an audit used by the Internal Revenue Service differs from the definition used by the National Taxpayer Advocate, the Comptroller General of the United States, or the Treasury Inspector General for Tax Administration, there shall also be included an analysis using such divergent definition. (iv) A categorizing of the number of audits for each year in the analysis described in clause (iv) which were— (I) correspondence audits; (II) office audits; (III) field audits; (IV) audits under the Internal Revenue Service National Research Program; and (V) other audits. (v) A description of all taxpayer compliance actions or initiatives undertaken using funding appropriated under section 10301(1)(A) of Public Law 117–169 that do not rise to the level of an audit, with each action broken out by the total number of such actions undertaken for each income group and as a percentage of taxpayers in each income group. (vi) An explanation of any unresolved or outstanding recommendations made by the Government Accountability Office and the Treasury Inspector General for Tax Administration pertaining to taxpayer-data privacy protections, Internal Revenue Service taxpayer services, and Internal Revenue Service technology modernization efforts that are addressed by the plan and a description of how they are addressed. (vii) For any recommendations identified by the Government Accountability Office and the Treasury Inspector General for Tax Administration as high risk or priority that are not addressed in the plan, an explanation of why such recommendations are not addressed in the plan. (3) Testimony of relevant officials \nNot later than 30 days after any spending plan described in paragraph (2) has been submitted, the Secretary of the Treasury and the Commissioner of Internal Revenue shall testify in person before any of the appropriate Congressional committees that request their testimony with respect to such spending plan. (4) Requirement to notify of excess spending \nThe Commissioner of Internal Revenue shall immediately notify the appropriate Congressional committees if actual obligations and expenditures for any account for any period for which projections are made in a plan submitted under paragraph (2) exceed the amount of obligations and expenditures projected for such account in such plan by 5 percent or more. (c) Joint resolution of disapproval of the IRS comprehensive spending plan \n(1) In general \nFor purposes of this section, the term joint resolution of disapproval of the IRS comprehensive spending plan means only a joint resolution introduced in the period beginning on the date on which a spending plan submitted pursuant to subsection (b)(1)(A) is received by the appropriate Congressional committees and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: That Congress disapproves the plan submitted on ____ by the Internal Revenue Service relating to the comprehensive spending plan under section 2(b)(1) of the IRS Funding Accountability Act with respect to fiscal year ___.. (The blank spaces being appropriately filled in). (2) Application of Congressional Review Act disapproval procedures \n(A) In general \nThe rules of section 802 of title 5, United States Code, shall apply to a joint resolution of disapproval of the IRS comprehensive spending plan in the same manner as such rules apply to a joint resolution described in subsection (a) of such section. (B) Exercise of rulemaking authority \nThis section is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval of the IRS comprehensive spending plan described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "HF5BEF1632CA0404480FE0550D395E7A3", "header": "Annual comprehensive spending plan for increased Internal Revenue Service resources", "nested": [ { "text": "(a) Limitation on funding \n(1) Initial plan \n(A) In general \nNone of the funds described in paragraph (3) may be obligated during the period— (i) beginning on the date of the enactment of this Act; and (ii) ending on the date that is 60 days after the spending plan described in subsection (b)(1)(A) has been submitted. (B) Additional moratorium \nIf Congress enacts a joint resolution of disapproval described in subsection (c) with respect to the Internal Revenue Service spending plan before the date described in subparagraph (A)(ii), then— (i) the Commissioner of Internal Revenue shall submit a new spending plan under subsection (b)(1)(A); and (ii) the period described in subparagraph (A) shall not end before the date that is 60 days after such new spending plan is submitted. (2) Subsequent submissions \n(A) In general \nNone of the funds described in paragraph (3) may be obligated during any period— (i) beginning on the date Congress has enacted a joint resolution of disapproval under subsection (c) with respect to any spending plan described in subsection (b)(1)(B); and (ii) ending on the date that is 60 days after the date on which the Commissioner of Internal Revenue has submitted a new spending plan under such subsection. (B) Additional moratorium \nIf Congress enacts a joint resolution of disapproval described in subsection (c) with respect to any new spending plan submitted under subparagraph (A)(ii) before the date that is 60 days after the date on which such new spending plan has been submitted, then— (i) the Commissioner of Internal Revenue shall submit an additional new spending plan under subsection (b)(1)(B); and (ii) the period described in subparagraph (A) shall not end before the date that is 60 days after such additional new spending plan is submitted. (3) Funds described \nThe funds described in this paragraph are the following: (A) Any funds made available under clause (ii), (iii), or (iv) of section 10301(1)(A) of Public Law 117–169. (B) Any funds made available under section 10301(1)(A)(i) of Public Law 117–169 other than funds used for the following purposes: (i) Eliminating any correspondence or return processing backlog. (ii) Reducing call wait times for taxpayers and tax professionals.", "id": "H20AF0F88D2B94F2F8B692994F988FD1B", "header": "Limitation on funding", "nested": [], "links": [ { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" } ] }, { "text": "(b) Annual comprehensive spending plan \n(1) In general \n(A) Initial plan \nNot later than 60 days after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a spending plan described in paragraph (2). (B) Subsequent submissions \n(i) In general \nFor each fiscal year beginning after the plan described in subparagraph (A) is submitted and ending with fiscal year 2031, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a spending plan described in paragraph (2) on the date that the President submits the budget required under section 1105(a) of title 31, United States Code. (ii) Reduction in appropriation \n(I) In general \nIn the case of any failure to submit a plan required under clause (i) by the date that is 7 days after the date the plan is required to be submitted and, the amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 shall be reduced by $10,000,000 for each day after such required date that report has not been submitted. (II) Required date \nFor purposes of this clause, the term required date means, with respect to any plan required under this subparagraph, the date that is 7 days after such plan is required to be submitted. (2) Spending plan \n(A) In general \nA spending plan described in this subparagraph is a plan that— (i) details how the funds appropriated under section 10301(1) of Public Law 117–169 will be spent over— (I) the period consisting of the current fiscal year and the next 4 fiscal years ending before fiscal year 2032; and (II) the period consisting of the current fiscal year through the fiscal year ending with fiscal year 2031 (if such period includes any period not described in subclause (I)); (ii) contains the information described in subparagraph (B); (iii) has been reviewed by— (I) the Internal Revenue Service Advisory Council; (II) the Comptroller of the United States; (III) the National Taxpayer Advocate; and (IV) the Director of the Office of Management and Budget; and (iv) has been approved by the Director of the Office of Management and Budget. (B) Plan contents \nThe information described in this paragraph is the following: (i) A detailed explanation of the plan, including— (I) costs and results to date, actual expenditures of the prior fiscal year, actual and expected expenditures of the current fiscal year, upcoming deliverables and expected costs, and total expenditures; (II) clearly defined objectives, timelines, and metrics for quantitatively measuring the plan’s annual progress, including with respect to measuring improvements in taxpayer services, revenue collection, information technology, cybersecurity, and taxpayer data protections; and (III) a description of any differences between metrics described in subclause (II) and corresponding metrics used by the National Taxpayer Advocate, the Comptroller General of the United States, and the Treasury Inspector General for Tax Administration. (ii) A detailed analysis of the performance of the Internal Revenue Service with respect to the delivery of taxpayer services, including— (I) the Level of Service (LOS) of phone lines (as a percent of phone calls answered by an Internal Revenue Service employee, not to include courtesy disconnects or automated call backs); (II) the median and average wait time to speak to a representative of the Internal Revenue Service; (III) the amount of unprocessed taxpayer correspondence, including tax returns, responses to Internal Revenue Service notices, tax payments, and other similar types of correspondence; and (IV) the median and average length of time for processing the items described in subclause (III) and processing refund claims. (iii) An analysis identifying any increase or decrease in total annual audits and annual audit rates by income group for the period beginning in 2018 and ending with the year the report is submitted. Such analysis shall include a detailed description of what constitutes an audit by the Internal Revenue Service, and if the definition of an audit used by the Internal Revenue Service differs from the definition used by the National Taxpayer Advocate, the Comptroller General of the United States, or the Treasury Inspector General for Tax Administration, there shall also be included an analysis using such divergent definition. (iv) A categorizing of the number of audits for each year in the analysis described in clause (iv) which were— (I) correspondence audits; (II) office audits; (III) field audits; (IV) audits under the Internal Revenue Service National Research Program; and (V) other audits. (v) A description of all taxpayer compliance actions or initiatives undertaken using funding appropriated under section 10301(1)(A) of Public Law 117–169 that do not rise to the level of an audit, with each action broken out by the total number of such actions undertaken for each income group and as a percentage of taxpayers in each income group. (vi) An explanation of any unresolved or outstanding recommendations made by the Government Accountability Office and the Treasury Inspector General for Tax Administration pertaining to taxpayer-data privacy protections, Internal Revenue Service taxpayer services, and Internal Revenue Service technology modernization efforts that are addressed by the plan and a description of how they are addressed. (vii) For any recommendations identified by the Government Accountability Office and the Treasury Inspector General for Tax Administration as high risk or priority that are not addressed in the plan, an explanation of why such recommendations are not addressed in the plan. (3) Testimony of relevant officials \nNot later than 30 days after any spending plan described in paragraph (2) has been submitted, the Secretary of the Treasury and the Commissioner of Internal Revenue shall testify in person before any of the appropriate Congressional committees that request their testimony with respect to such spending plan. (4) Requirement to notify of excess spending \nThe Commissioner of Internal Revenue shall immediately notify the appropriate Congressional committees if actual obligations and expenditures for any account for any period for which projections are made in a plan submitted under paragraph (2) exceed the amount of obligations and expenditures projected for such account in such plan by 5 percent or more.", "id": "HDE4694FE0E4A4486BBEF249B1BE53CF3", "header": "Annual comprehensive spending plan", "nested": [], "links": [ { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" } ] }, { "text": "(c) Joint resolution of disapproval of the IRS comprehensive spending plan \n(1) In general \nFor purposes of this section, the term joint resolution of disapproval of the IRS comprehensive spending plan means only a joint resolution introduced in the period beginning on the date on which a spending plan submitted pursuant to subsection (b)(1)(A) is received by the appropriate Congressional committees and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: That Congress disapproves the plan submitted on ____ by the Internal Revenue Service relating to the comprehensive spending plan under section 2(b)(1) of the IRS Funding Accountability Act with respect to fiscal year ___.. (The blank spaces being appropriately filled in). (2) Application of Congressional Review Act disapproval procedures \n(A) In general \nThe rules of section 802 of title 5, United States Code, shall apply to a joint resolution of disapproval of the IRS comprehensive spending plan in the same manner as such rules apply to a joint resolution described in subsection (a) of such section. (B) Exercise of rulemaking authority \nThis section is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval of the IRS comprehensive spending plan described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "HB7471EAA28C046A384619CA00CE28822", "header": "Joint resolution of disapproval of the IRS comprehensive spending plan", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" } ] }, { "text": "3. Quarterly reports \n(a) Internal Revenue Service \n(1) In general \nNot later than 14 days after the last day of each calendar quarter beginning during the applicable period, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a report on any expenditures and obligations of funds appropriated under section 10301(1) of Public Law 117–169. (2) Matters included \nThe report provided under paragraph (1) shall include the following: (A) A plain language description of the specific actions taken by the Commissioner of Internal Revenue utilizing any funds appropriated under section 10301(1) of Public Law 117–169. (B) The obligations and expenditures during the quarter of funds appropriated under section 10301(1) of Public Law 117–169 and the expected expenditure of such funds in the subsequent quarter, including a comparison of obligations and expenditures between amounts spent for taxpayers services and amounts spent for examinations and collections by each division or office of the Internal Revenue Service, including the Large Business and International Division, the Small Business/Self Employed Division, the Tax-Exempt and Government Entities Division, the Wage and Investment Division, the Criminal Investigation Office, the Whistleblower Office, and the Office of the Taxpayer Advocate. (C) A description of any new full-time or full-time equivalent (FTE) employees, contractors, or other staff hired by the Internal Revenue Service, including the number of new hires, the primary function or activity type of each new hire, and the specific Division or Office to which each new hire is tasked. (D) The number of new employees that have passed a security clearance compared to the number of new employees hired to a position requiring a security clearance, along with an indication of whether any new employee that has not passed a security clearance or suitability determination has access to taxpayer return information (as defined by section 6103(b)(2) of the Internal Revenue Code of 1986). (E) A detailed description of any violation of the fair tax collection practices described in section 6304 of the Internal Revenue Code of 1986 by any employees, contractors, or other staff described in subparagraph (C) (including violations tracked in Automated Labor and Employee Relations Tracking System (ALERTS) of the Human Capital Office of the Internal Revenue Service). (F) The status of recommendations provided by the Government Accountability Office and the Treasury Inspector General for Tax Administration which have been identified as being addressed by a spending plan under section 2(b)(1), including whether the implementation of such recommendations has been completed, is in progress, or is open (including the expected date of completion for any recommendations identified as in progress or open). (3) Reduction in appropriation \nIn the case of any failure to submit a report required under paragraph (1) by the required date, the amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 shall be reduced by $1,000,000 for each day after such required date that report has not been submitted. (b) Department of the Treasury \n(1) In general \nNot later than 14 days after the last day of each calendar quarter beginning during the applicable period, the Secretary of the Treasury shall submit to the appropriate Congressional committees a report containing the following information: (A) A plain-language description of the actions taken by the Secretary of the Treasury utilizing any funds appropriated under paragraph (1), (3), or (5) of section 10301 of Public Law 117–169. Any action which is described in a report made under subsection (a) may be described by reference to the action in such report. (B) A detailed description of the specific purposes to which the funds appropriated under section 10301(3) of Public Law 117–169 has been (or is expected to be) obligated. (C) A description of any new full-time or full-time equivalent (FTE) employees, contractors, or other staff hired by the Secretary utilizing funds appropriated under section 10301 of Public Law 117–169 , including the number of new hires and whether the duties of each new hire includes any functions related to the Internal Revenue Service (including implementation of tax policies, enforcement, regulations, research, press or communications, or other purposes). (D) A detailed description and explanation of any changes to the most recent Priority Guidance Plan of the Department of the Treasury and the Internal Revenue Service involving guidance projects that utilize any funds appropriated under section 10301 of Public Law 117–169 or which are related to the implementation of any provision of or amendment made by such Public Law. (E) A description of any new initiatives planned to be undertaken by the Department of the Treasury within the existing or subsequent fiscal year which will (or may) utilize funds appropriated under section 10301 of Public Law 117–169. (2) Reduction in appropriation \nIn the case of any failure to submit a report required under paragraph (1) by the required date— (A) the amounts made available under paragraphs (3) of section 10301 of Public Law 117–169 shall be reduced by $666,667 for each day after such required date that report has not been submitted, and (B) the amounts made available under paragraphs (5) of section 10301 of Public Law 117–169 shall be reduced by $333,333 for each day after such required date that report has not been submitted. (c) Definitions \nFor purposes of this section— (1) Applicable period \nThe term applicable period means the period beginning after the date the plan under section 2(b)(1)(A) is required to be submitted and ending on September 30, 2031. (2) Required date \nThe term required date means, with respect to any report required to be submitted under subsection (a) or (b), the date that is 7 days after the date the report is required to be submitted.", "id": "H7D7B34E7821B4648B6FE9AC910A5134A", "header": "Quarterly reports", "nested": [ { "text": "(a) Internal Revenue Service \n(1) In general \nNot later than 14 days after the last day of each calendar quarter beginning during the applicable period, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a report on any expenditures and obligations of funds appropriated under section 10301(1) of Public Law 117–169. (2) Matters included \nThe report provided under paragraph (1) shall include the following: (A) A plain language description of the specific actions taken by the Commissioner of Internal Revenue utilizing any funds appropriated under section 10301(1) of Public Law 117–169. (B) The obligations and expenditures during the quarter of funds appropriated under section 10301(1) of Public Law 117–169 and the expected expenditure of such funds in the subsequent quarter, including a comparison of obligations and expenditures between amounts spent for taxpayers services and amounts spent for examinations and collections by each division or office of the Internal Revenue Service, including the Large Business and International Division, the Small Business/Self Employed Division, the Tax-Exempt and Government Entities Division, the Wage and Investment Division, the Criminal Investigation Office, the Whistleblower Office, and the Office of the Taxpayer Advocate. (C) A description of any new full-time or full-time equivalent (FTE) employees, contractors, or other staff hired by the Internal Revenue Service, including the number of new hires, the primary function or activity type of each new hire, and the specific Division or Office to which each new hire is tasked. (D) The number of new employees that have passed a security clearance compared to the number of new employees hired to a position requiring a security clearance, along with an indication of whether any new employee that has not passed a security clearance or suitability determination has access to taxpayer return information (as defined by section 6103(b)(2) of the Internal Revenue Code of 1986). (E) A detailed description of any violation of the fair tax collection practices described in section 6304 of the Internal Revenue Code of 1986 by any employees, contractors, or other staff described in subparagraph (C) (including violations tracked in Automated Labor and Employee Relations Tracking System (ALERTS) of the Human Capital Office of the Internal Revenue Service). (F) The status of recommendations provided by the Government Accountability Office and the Treasury Inspector General for Tax Administration which have been identified as being addressed by a spending plan under section 2(b)(1), including whether the implementation of such recommendations has been completed, is in progress, or is open (including the expected date of completion for any recommendations identified as in progress or open). (3) Reduction in appropriation \nIn the case of any failure to submit a report required under paragraph (1) by the required date, the amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 shall be reduced by $1,000,000 for each day after such required date that report has not been submitted.", "id": "H9B096BF07CE143DF984339AC0C60BC63", "header": "Internal Revenue Service", "nested": [], "links": [ { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "section 6103(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/6103" }, { "text": "section 6304", "legal-doc": "usc", "parsable-cite": "usc/26/6304" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" } ] }, { "text": "(b) Department of the Treasury \n(1) In general \nNot later than 14 days after the last day of each calendar quarter beginning during the applicable period, the Secretary of the Treasury shall submit to the appropriate Congressional committees a report containing the following information: (A) A plain-language description of the actions taken by the Secretary of the Treasury utilizing any funds appropriated under paragraph (1), (3), or (5) of section 10301 of Public Law 117–169. Any action which is described in a report made under subsection (a) may be described by reference to the action in such report. (B) A detailed description of the specific purposes to which the funds appropriated under section 10301(3) of Public Law 117–169 has been (or is expected to be) obligated. (C) A description of any new full-time or full-time equivalent (FTE) employees, contractors, or other staff hired by the Secretary utilizing funds appropriated under section 10301 of Public Law 117–169 , including the number of new hires and whether the duties of each new hire includes any functions related to the Internal Revenue Service (including implementation of tax policies, enforcement, regulations, research, press or communications, or other purposes). (D) A detailed description and explanation of any changes to the most recent Priority Guidance Plan of the Department of the Treasury and the Internal Revenue Service involving guidance projects that utilize any funds appropriated under section 10301 of Public Law 117–169 or which are related to the implementation of any provision of or amendment made by such Public Law. (E) A description of any new initiatives planned to be undertaken by the Department of the Treasury within the existing or subsequent fiscal year which will (or may) utilize funds appropriated under section 10301 of Public Law 117–169. (2) Reduction in appropriation \nIn the case of any failure to submit a report required under paragraph (1) by the required date— (A) the amounts made available under paragraphs (3) of section 10301 of Public Law 117–169 shall be reduced by $666,667 for each day after such required date that report has not been submitted, and (B) the amounts made available under paragraphs (5) of section 10301 of Public Law 117–169 shall be reduced by $333,333 for each day after such required date that report has not been submitted.", "id": "H30E56CCA623B49D2BDFC48F4FCF1B292", "header": "Department of the Treasury", "nested": [], "links": [ { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" } ] }, { "text": "(c) Definitions \nFor purposes of this section— (1) Applicable period \nThe term applicable period means the period beginning after the date the plan under section 2(b)(1)(A) is required to be submitted and ending on September 30, 2031. (2) Required date \nThe term required date means, with respect to any report required to be submitted under subsection (a) or (b), the date that is 7 days after the date the report is required to be submitted.", "id": "H734BD95C8D75488385FAD25DBCC9495E", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "section 6103(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/6103" }, { "text": "section 6304", "legal-doc": "usc", "parsable-cite": "usc/26/6304" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" } ] }, { "text": "4. Appropriate Congressional committees defined \nFor purposes of this Act, the term appropriate Congressional committees means— (1) the Committee on Finance of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Ways and Means of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.", "id": "H9ABAB44BC5554C6CA4377F289CD2829B", "header": "Appropriate Congressional committees defined", "nested": [], "links": [] } ]
4
1. Short title This Act may be cited as the IRS Funding Accountability Act. 2. Annual comprehensive spending plan for increased Internal Revenue Service resources (a) Limitation on funding (1) Initial plan (A) In general None of the funds described in paragraph (3) may be obligated during the period— (i) beginning on the date of the enactment of this Act; and (ii) ending on the date that is 60 days after the spending plan described in subsection (b)(1)(A) has been submitted. (B) Additional moratorium If Congress enacts a joint resolution of disapproval described in subsection (c) with respect to the Internal Revenue Service spending plan before the date described in subparagraph (A)(ii), then— (i) the Commissioner of Internal Revenue shall submit a new spending plan under subsection (b)(1)(A); and (ii) the period described in subparagraph (A) shall not end before the date that is 60 days after such new spending plan is submitted. (2) Subsequent submissions (A) In general None of the funds described in paragraph (3) may be obligated during any period— (i) beginning on the date Congress has enacted a joint resolution of disapproval under subsection (c) with respect to any spending plan described in subsection (b)(1)(B); and (ii) ending on the date that is 60 days after the date on which the Commissioner of Internal Revenue has submitted a new spending plan under such subsection. (B) Additional moratorium If Congress enacts a joint resolution of disapproval described in subsection (c) with respect to any new spending plan submitted under subparagraph (A)(ii) before the date that is 60 days after the date on which such new spending plan has been submitted, then— (i) the Commissioner of Internal Revenue shall submit an additional new spending plan under subsection (b)(1)(B); and (ii) the period described in subparagraph (A) shall not end before the date that is 60 days after such additional new spending plan is submitted. (3) Funds described The funds described in this paragraph are the following: (A) Any funds made available under clause (ii), (iii), or (iv) of section 10301(1)(A) of Public Law 117–169. (B) Any funds made available under section 10301(1)(A)(i) of Public Law 117–169 other than funds used for the following purposes: (i) Eliminating any correspondence or return processing backlog. (ii) Reducing call wait times for taxpayers and tax professionals. (b) Annual comprehensive spending plan (1) In general (A) Initial plan Not later than 60 days after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a spending plan described in paragraph (2). (B) Subsequent submissions (i) In general For each fiscal year beginning after the plan described in subparagraph (A) is submitted and ending with fiscal year 2031, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a spending plan described in paragraph (2) on the date that the President submits the budget required under section 1105(a) of title 31, United States Code. (ii) Reduction in appropriation (I) In general In the case of any failure to submit a plan required under clause (i) by the date that is 7 days after the date the plan is required to be submitted and, the amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 shall be reduced by $10,000,000 for each day after such required date that report has not been submitted. (II) Required date For purposes of this clause, the term required date means, with respect to any plan required under this subparagraph, the date that is 7 days after such plan is required to be submitted. (2) Spending plan (A) In general A spending plan described in this subparagraph is a plan that— (i) details how the funds appropriated under section 10301(1) of Public Law 117–169 will be spent over— (I) the period consisting of the current fiscal year and the next 4 fiscal years ending before fiscal year 2032; and (II) the period consisting of the current fiscal year through the fiscal year ending with fiscal year 2031 (if such period includes any period not described in subclause (I)); (ii) contains the information described in subparagraph (B); (iii) has been reviewed by— (I) the Internal Revenue Service Advisory Council; (II) the Comptroller of the United States; (III) the National Taxpayer Advocate; and (IV) the Director of the Office of Management and Budget; and (iv) has been approved by the Director of the Office of Management and Budget. (B) Plan contents The information described in this paragraph is the following: (i) A detailed explanation of the plan, including— (I) costs and results to date, actual expenditures of the prior fiscal year, actual and expected expenditures of the current fiscal year, upcoming deliverables and expected costs, and total expenditures; (II) clearly defined objectives, timelines, and metrics for quantitatively measuring the plan’s annual progress, including with respect to measuring improvements in taxpayer services, revenue collection, information technology, cybersecurity, and taxpayer data protections; and (III) a description of any differences between metrics described in subclause (II) and corresponding metrics used by the National Taxpayer Advocate, the Comptroller General of the United States, and the Treasury Inspector General for Tax Administration. (ii) A detailed analysis of the performance of the Internal Revenue Service with respect to the delivery of taxpayer services, including— (I) the Level of Service (LOS) of phone lines (as a percent of phone calls answered by an Internal Revenue Service employee, not to include courtesy disconnects or automated call backs); (II) the median and average wait time to speak to a representative of the Internal Revenue Service; (III) the amount of unprocessed taxpayer correspondence, including tax returns, responses to Internal Revenue Service notices, tax payments, and other similar types of correspondence; and (IV) the median and average length of time for processing the items described in subclause (III) and processing refund claims. (iii) An analysis identifying any increase or decrease in total annual audits and annual audit rates by income group for the period beginning in 2018 and ending with the year the report is submitted. Such analysis shall include a detailed description of what constitutes an audit by the Internal Revenue Service, and if the definition of an audit used by the Internal Revenue Service differs from the definition used by the National Taxpayer Advocate, the Comptroller General of the United States, or the Treasury Inspector General for Tax Administration, there shall also be included an analysis using such divergent definition. (iv) A categorizing of the number of audits for each year in the analysis described in clause (iv) which were— (I) correspondence audits; (II) office audits; (III) field audits; (IV) audits under the Internal Revenue Service National Research Program; and (V) other audits. (v) A description of all taxpayer compliance actions or initiatives undertaken using funding appropriated under section 10301(1)(A) of Public Law 117–169 that do not rise to the level of an audit, with each action broken out by the total number of such actions undertaken for each income group and as a percentage of taxpayers in each income group. (vi) An explanation of any unresolved or outstanding recommendations made by the Government Accountability Office and the Treasury Inspector General for Tax Administration pertaining to taxpayer-data privacy protections, Internal Revenue Service taxpayer services, and Internal Revenue Service technology modernization efforts that are addressed by the plan and a description of how they are addressed. (vii) For any recommendations identified by the Government Accountability Office and the Treasury Inspector General for Tax Administration as high risk or priority that are not addressed in the plan, an explanation of why such recommendations are not addressed in the plan. (3) Testimony of relevant officials Not later than 30 days after any spending plan described in paragraph (2) has been submitted, the Secretary of the Treasury and the Commissioner of Internal Revenue shall testify in person before any of the appropriate Congressional committees that request their testimony with respect to such spending plan. (4) Requirement to notify of excess spending The Commissioner of Internal Revenue shall immediately notify the appropriate Congressional committees if actual obligations and expenditures for any account for any period for which projections are made in a plan submitted under paragraph (2) exceed the amount of obligations and expenditures projected for such account in such plan by 5 percent or more. (c) Joint resolution of disapproval of the IRS comprehensive spending plan (1) In general For purposes of this section, the term joint resolution of disapproval of the IRS comprehensive spending plan means only a joint resolution introduced in the period beginning on the date on which a spending plan submitted pursuant to subsection (b)(1)(A) is received by the appropriate Congressional committees and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: That Congress disapproves the plan submitted on ____ by the Internal Revenue Service relating to the comprehensive spending plan under section 2(b)(1) of the IRS Funding Accountability Act with respect to fiscal year ___.. (The blank spaces being appropriately filled in). (2) Application of Congressional Review Act disapproval procedures (A) In general The rules of section 802 of title 5, United States Code, shall apply to a joint resolution of disapproval of the IRS comprehensive spending plan in the same manner as such rules apply to a joint resolution described in subsection (a) of such section. (B) Exercise of rulemaking authority This section is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval of the IRS comprehensive spending plan described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 3. Quarterly reports (a) Internal Revenue Service (1) In general Not later than 14 days after the last day of each calendar quarter beginning during the applicable period, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a report on any expenditures and obligations of funds appropriated under section 10301(1) of Public Law 117–169. (2) Matters included The report provided under paragraph (1) shall include the following: (A) A plain language description of the specific actions taken by the Commissioner of Internal Revenue utilizing any funds appropriated under section 10301(1) of Public Law 117–169. (B) The obligations and expenditures during the quarter of funds appropriated under section 10301(1) of Public Law 117–169 and the expected expenditure of such funds in the subsequent quarter, including a comparison of obligations and expenditures between amounts spent for taxpayers services and amounts spent for examinations and collections by each division or office of the Internal Revenue Service, including the Large Business and International Division, the Small Business/Self Employed Division, the Tax-Exempt and Government Entities Division, the Wage and Investment Division, the Criminal Investigation Office, the Whistleblower Office, and the Office of the Taxpayer Advocate. (C) A description of any new full-time or full-time equivalent (FTE) employees, contractors, or other staff hired by the Internal Revenue Service, including the number of new hires, the primary function or activity type of each new hire, and the specific Division or Office to which each new hire is tasked. (D) The number of new employees that have passed a security clearance compared to the number of new employees hired to a position requiring a security clearance, along with an indication of whether any new employee that has not passed a security clearance or suitability determination has access to taxpayer return information (as defined by section 6103(b)(2) of the Internal Revenue Code of 1986). (E) A detailed description of any violation of the fair tax collection practices described in section 6304 of the Internal Revenue Code of 1986 by any employees, contractors, or other staff described in subparagraph (C) (including violations tracked in Automated Labor and Employee Relations Tracking System (ALERTS) of the Human Capital Office of the Internal Revenue Service). (F) The status of recommendations provided by the Government Accountability Office and the Treasury Inspector General for Tax Administration which have been identified as being addressed by a spending plan under section 2(b)(1), including whether the implementation of such recommendations has been completed, is in progress, or is open (including the expected date of completion for any recommendations identified as in progress or open). (3) Reduction in appropriation In the case of any failure to submit a report required under paragraph (1) by the required date, the amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 shall be reduced by $1,000,000 for each day after such required date that report has not been submitted. (b) Department of the Treasury (1) In general Not later than 14 days after the last day of each calendar quarter beginning during the applicable period, the Secretary of the Treasury shall submit to the appropriate Congressional committees a report containing the following information: (A) A plain-language description of the actions taken by the Secretary of the Treasury utilizing any funds appropriated under paragraph (1), (3), or (5) of section 10301 of Public Law 117–169. Any action which is described in a report made under subsection (a) may be described by reference to the action in such report. (B) A detailed description of the specific purposes to which the funds appropriated under section 10301(3) of Public Law 117–169 has been (or is expected to be) obligated. (C) A description of any new full-time or full-time equivalent (FTE) employees, contractors, or other staff hired by the Secretary utilizing funds appropriated under section 10301 of Public Law 117–169 , including the number of new hires and whether the duties of each new hire includes any functions related to the Internal Revenue Service (including implementation of tax policies, enforcement, regulations, research, press or communications, or other purposes). (D) A detailed description and explanation of any changes to the most recent Priority Guidance Plan of the Department of the Treasury and the Internal Revenue Service involving guidance projects that utilize any funds appropriated under section 10301 of Public Law 117–169 or which are related to the implementation of any provision of or amendment made by such Public Law. (E) A description of any new initiatives planned to be undertaken by the Department of the Treasury within the existing or subsequent fiscal year which will (or may) utilize funds appropriated under section 10301 of Public Law 117–169. (2) Reduction in appropriation In the case of any failure to submit a report required under paragraph (1) by the required date— (A) the amounts made available under paragraphs (3) of section 10301 of Public Law 117–169 shall be reduced by $666,667 for each day after such required date that report has not been submitted, and (B) the amounts made available under paragraphs (5) of section 10301 of Public Law 117–169 shall be reduced by $333,333 for each day after such required date that report has not been submitted. (c) Definitions For purposes of this section— (1) Applicable period The term applicable period means the period beginning after the date the plan under section 2(b)(1)(A) is required to be submitted and ending on September 30, 2031. (2) Required date The term required date means, with respect to any report required to be submitted under subsection (a) or (b), the date that is 7 days after the date the report is required to be submitted. 4. Appropriate Congressional committees defined For purposes of this Act, the term appropriate Congressional committees means— (1) the Committee on Finance of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Ways and Means of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.
17,214
[ "Rules Committee", "Ways and Means Committee" ]
118hr1085rh
118
hr
1,085
rh
To require the Secretary of Energy to direct the National Petroleum Council to issue a report with respect to petrochemical refineries in the United States, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Researching Efficient Federal Improvements for Necessary Energy Refining Act or the REFINER Act.", "id": "H9E513B2114864ED18666B77B4EA7F8BF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Report on petrochemical refineries \nNot later than 90 days after the date of enactment of this section, the Secretary of Energy shall direct the National Petroleum Council to— (1) submit to the Secretary of Energy and Congress a report containing— (A) an examination of the role of petrochemical refineries located in the United States and the contributions of such petrochemical refineries to the energy security of the United States, including the reliability of supply in the United States of liquid fuels and feedstocks, and the affordability of liquid fuels for consumers in the United States; (B) analyses and projections with respect to— (i) the capacity of petrochemical refineries located in the United States; (ii) opportunities for expanding such capacity; and (iii) the risks to petrochemical refineries located in the United States; (C) an assessment of any Federal or State executive actions, regulations, or policies that have caused or contributed to a decline in the capacity of petrochemical refineries located in the United States; and (D) any recommendations for Federal agencies and Congress to encourage an increase in the capacity of petrochemical refineries located in the United States; and (2) make publicly available the report submitted under paragraph (1).", "id": "H01E756B735B74B2F88193C728F8CC411", "header": "Report on petrochemical refineries", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Researching Efficient Federal Improvements for Necessary Energy Refining Act or the REFINER Act. 2. Report on petrochemical refineries Not later than 90 days after the date of enactment of this section, the Secretary of Energy shall direct the National Petroleum Council to— (1) submit to the Secretary of Energy and Congress a report containing— (A) an examination of the role of petrochemical refineries located in the United States and the contributions of such petrochemical refineries to the energy security of the United States, including the reliability of supply in the United States of liquid fuels and feedstocks, and the affordability of liquid fuels for consumers in the United States; (B) analyses and projections with respect to— (i) the capacity of petrochemical refineries located in the United States; (ii) opportunities for expanding such capacity; and (iii) the risks to petrochemical refineries located in the United States; (C) an assessment of any Federal or State executive actions, regulations, or policies that have caused or contributed to a decline in the capacity of petrochemical refineries located in the United States; and (D) any recommendations for Federal agencies and Congress to encourage an increase in the capacity of petrochemical refineries located in the United States; and (2) make publicly available the report submitted under paragraph (1).
1,430
[ "Energy and Commerce Committee" ]
118hr3335ih
118
hr
3,335
ih
To ensure the successful development of the electronic Income Verification Express Service of the Internal Revenue Service by amending the Taxpayer First Act to clarify that taxpayer identity verification is the responsibility of users of the system rather than the taxpayer, and for other purposes.
[ { "text": "1. Identity verification responsibility \n(a) In general \nSection 2201 of the Taxpayer First Act ( Public Law 116–25 ) is amended— (1) in subsection (a), by striking and at the end of paragraph (1), by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following new paragraph: (2) is accomplished only after a financial institution (or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution) has formed a reasonable belief that the identity of the taxpayer has been authenticated; and ; and (2) in subsection (b), by striking by the Secretary to a person seeking to verify the income or creditworthiness of a taxpayer who is a borrower in the process of a loan application and inserting , including business tax return information, by the Secretary to a taxpayer or financial institution (or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution) designated by a taxpayer seeking to verify the income or creditworthiness of a taxpayer who is in the process of a financial application. (b) Financial institution definition, standards and guidelines \nSection 2201(c) of such Act is amended— (1) in subsection (c)— (A) by striking The Secretary and inserting: (1) In general \nThe Secretary ; and (B) by adding at the end the following new paragraph: (2) Standards \nThe Secretary shall ensure that any standards and guidelines deemed applicable to the system described in this section— (A) Enable a taxpayer to provide the appropriate designation and electronic consent to a financial institution (or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution), including those defined in section 106 of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7006 ); (B) Enable a financial institution (or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution) to act upon such designation and consent to request a qualified disclosure directly with the system implemented pursuant to this section; and (C) Ensure the security and confidentiality of taxpayer information, to the extent such standards and guidelines do not conflict with other standards and guidelines applicable to financial institutions. , and (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Financial institution \nFor purposes of this section, the term financial institution has the meaning given such term in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 ).. (c) Limitation on authority \nSection 2201 of such Act is amended by adding at the end the following new subsection: (f) Limitation on authority \nThe Secretary may not require a taxpayer seeking a qualified disclosure to access any information technology system or service used by or on behalf of the Internal Revenue Service pursuant to this section for any purpose relating to a qualified disclosure, including identity verification or the provision of electronic consent.. (d) Clarification regarding certain business tax return information available for disclosure \nSection 2201 of such Act, as amended by subsection (c), is amended by adding at the end the following new subsection: (g) Program required To make certain information available for disclosure \nThe Secretary shall ensure that the program implemented under this section makes certain business tax return information available for disclosure, including, but not limited to, the following: (1) The following information from Schedule K–1 of Forms 1065 and 1120: (A) Names of owners. (B) Percentage of capital ownership of each owner. (C) Distributions to each owner. (D) In the case of Form 1065, direct payments to partners. (2) The following information from Schedule G of Form 1120: (A) Names of owners. (B) Percentage of capital ownership of each owner. (3) With respect to each entity identified on Schedule C of Form 1040, the following information from such Schedule: (A) Name of such entity. (B) Names of owners of such entity. (C) Income statement of each entity. (4) All information available on the following forms or schedules: (A) Schedule L. (B) Schedule M. (C) Form 1125–E. (D) Any schedules or supplemental schedules of Form 1040 (or any other personal income tax return form) which includes information related to any income, deduction, gain, loss, or credit which is derived in the conduct of any trade or business (other than the trade or business of being an employee). (5) NAICS codes with respect to all forms and schedules. Each reference to a form or schedule in this subsection shall be treated as including a reference to any form or schedule which is a successor or alternative to such form or schedule.. (e) Effective date \n(1) In general \nExcept as otherwise provided in this subsection, the amendments made by this section shall take effect as if included in section 2201 of the Taxpayer First Act ( Public Law 116–25 ). (2) Clarification regarding certain business tax return information available for disclosure \nThe amendment made by subsection (d) shall take effect on the date which is 1 year after the date of the enactment of this Act.", "id": "HB2B79A5385EC4FB5842B65F698284D98", "header": "Identity verification responsibility", "nested": [ { "text": "(a) In general \nSection 2201 of the Taxpayer First Act ( Public Law 116–25 ) is amended— (1) in subsection (a), by striking and at the end of paragraph (1), by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following new paragraph: (2) is accomplished only after a financial institution (or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution) has formed a reasonable belief that the identity of the taxpayer has been authenticated; and ; and (2) in subsection (b), by striking by the Secretary to a person seeking to verify the income or creditworthiness of a taxpayer who is a borrower in the process of a loan application and inserting , including business tax return information, by the Secretary to a taxpayer or financial institution (or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution) designated by a taxpayer seeking to verify the income or creditworthiness of a taxpayer who is in the process of a financial application.", "id": "H57BFB0005A0C41F2929ECAD86DF323C8", "header": "In general", "nested": [], "links": [ { "text": "Public Law 116–25", "legal-doc": "public-law", "parsable-cite": "pl/116/25" } ] }, { "text": "(b) Financial institution definition, standards and guidelines \nSection 2201(c) of such Act is amended— (1) in subsection (c)— (A) by striking The Secretary and inserting: (1) In general \nThe Secretary ; and (B) by adding at the end the following new paragraph: (2) Standards \nThe Secretary shall ensure that any standards and guidelines deemed applicable to the system described in this section— (A) Enable a taxpayer to provide the appropriate designation and electronic consent to a financial institution (or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution), including those defined in section 106 of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7006 ); (B) Enable a financial institution (or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution) to act upon such designation and consent to request a qualified disclosure directly with the system implemented pursuant to this section; and (C) Ensure the security and confidentiality of taxpayer information, to the extent such standards and guidelines do not conflict with other standards and guidelines applicable to financial institutions. , and (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Financial institution \nFor purposes of this section, the term financial institution has the meaning given such term in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 )..", "id": "HE519AC4C5889441E84CBD88739AD1428", "header": "Financial institution definition, standards and guidelines", "nested": [], "links": [ { "text": "15 U.S.C. 7006", "legal-doc": "usc", "parsable-cite": "usc/15/7006" }, { "text": "15 U.S.C. 6809", "legal-doc": "usc", "parsable-cite": "usc/15/6809" } ] }, { "text": "(c) Limitation on authority \nSection 2201 of such Act is amended by adding at the end the following new subsection: (f) Limitation on authority \nThe Secretary may not require a taxpayer seeking a qualified disclosure to access any information technology system or service used by or on behalf of the Internal Revenue Service pursuant to this section for any purpose relating to a qualified disclosure, including identity verification or the provision of electronic consent..", "id": "H25EBA41D6C584329871A6731ACA0C54D", "header": "Limitation on authority", "nested": [], "links": [] }, { "text": "(d) Clarification regarding certain business tax return information available for disclosure \nSection 2201 of such Act, as amended by subsection (c), is amended by adding at the end the following new subsection: (g) Program required To make certain information available for disclosure \nThe Secretary shall ensure that the program implemented under this section makes certain business tax return information available for disclosure, including, but not limited to, the following: (1) The following information from Schedule K–1 of Forms 1065 and 1120: (A) Names of owners. (B) Percentage of capital ownership of each owner. (C) Distributions to each owner. (D) In the case of Form 1065, direct payments to partners. (2) The following information from Schedule G of Form 1120: (A) Names of owners. (B) Percentage of capital ownership of each owner. (3) With respect to each entity identified on Schedule C of Form 1040, the following information from such Schedule: (A) Name of such entity. (B) Names of owners of such entity. (C) Income statement of each entity. (4) All information available on the following forms or schedules: (A) Schedule L. (B) Schedule M. (C) Form 1125–E. (D) Any schedules or supplemental schedules of Form 1040 (or any other personal income tax return form) which includes information related to any income, deduction, gain, loss, or credit which is derived in the conduct of any trade or business (other than the trade or business of being an employee). (5) NAICS codes with respect to all forms and schedules. Each reference to a form or schedule in this subsection shall be treated as including a reference to any form or schedule which is a successor or alternative to such form or schedule..", "id": "HD3A86008C46B4BB7B867B12CF0F830AF", "header": "Clarification regarding certain business tax return information available for disclosure", "nested": [], "links": [] }, { "text": "(e) Effective date \n(1) In general \nExcept as otherwise provided in this subsection, the amendments made by this section shall take effect as if included in section 2201 of the Taxpayer First Act ( Public Law 116–25 ). (2) Clarification regarding certain business tax return information available for disclosure \nThe amendment made by subsection (d) shall take effect on the date which is 1 year after the date of the enactment of this Act.", "id": "HA1AE752F069B495FA1B5224AFE368D3E", "header": "Effective date", "nested": [], "links": [ { "text": "Public Law 116–25", "legal-doc": "public-law", "parsable-cite": "pl/116/25" } ] } ], "links": [ { "text": "Public Law 116–25", "legal-doc": "public-law", "parsable-cite": "pl/116/25" }, { "text": "15 U.S.C. 7006", "legal-doc": "usc", "parsable-cite": "usc/15/7006" }, { "text": "15 U.S.C. 6809", "legal-doc": "usc", "parsable-cite": "usc/15/6809" }, { "text": "Public Law 116–25", "legal-doc": "public-law", "parsable-cite": "pl/116/25" } ] } ]
1
1. Identity verification responsibility (a) In general Section 2201 of the Taxpayer First Act ( Public Law 116–25 ) is amended— (1) in subsection (a), by striking and at the end of paragraph (1), by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following new paragraph: (2) is accomplished only after a financial institution (or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution) has formed a reasonable belief that the identity of the taxpayer has been authenticated; and ; and (2) in subsection (b), by striking by the Secretary to a person seeking to verify the income or creditworthiness of a taxpayer who is a borrower in the process of a loan application and inserting , including business tax return information, by the Secretary to a taxpayer or financial institution (or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution) designated by a taxpayer seeking to verify the income or creditworthiness of a taxpayer who is in the process of a financial application. (b) Financial institution definition, standards and guidelines Section 2201(c) of such Act is amended— (1) in subsection (c)— (A) by striking The Secretary and inserting: (1) In general The Secretary ; and (B) by adding at the end the following new paragraph: (2) Standards The Secretary shall ensure that any standards and guidelines deemed applicable to the system described in this section— (A) Enable a taxpayer to provide the appropriate designation and electronic consent to a financial institution (or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution), including those defined in section 106 of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7006 ); (B) Enable a financial institution (or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution) to act upon such designation and consent to request a qualified disclosure directly with the system implemented pursuant to this section; and (C) Ensure the security and confidentiality of taxpayer information, to the extent such standards and guidelines do not conflict with other standards and guidelines applicable to financial institutions. , and (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Financial institution For purposes of this section, the term financial institution has the meaning given such term in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 ).. (c) Limitation on authority Section 2201 of such Act is amended by adding at the end the following new subsection: (f) Limitation on authority The Secretary may not require a taxpayer seeking a qualified disclosure to access any information technology system or service used by or on behalf of the Internal Revenue Service pursuant to this section for any purpose relating to a qualified disclosure, including identity verification or the provision of electronic consent.. (d) Clarification regarding certain business tax return information available for disclosure Section 2201 of such Act, as amended by subsection (c), is amended by adding at the end the following new subsection: (g) Program required To make certain information available for disclosure The Secretary shall ensure that the program implemented under this section makes certain business tax return information available for disclosure, including, but not limited to, the following: (1) The following information from Schedule K–1 of Forms 1065 and 1120: (A) Names of owners. (B) Percentage of capital ownership of each owner. (C) Distributions to each owner. (D) In the case of Form 1065, direct payments to partners. (2) The following information from Schedule G of Form 1120: (A) Names of owners. (B) Percentage of capital ownership of each owner. (3) With respect to each entity identified on Schedule C of Form 1040, the following information from such Schedule: (A) Name of such entity. (B) Names of owners of such entity. (C) Income statement of each entity. (4) All information available on the following forms or schedules: (A) Schedule L. (B) Schedule M. (C) Form 1125–E. (D) Any schedules or supplemental schedules of Form 1040 (or any other personal income tax return form) which includes information related to any income, deduction, gain, loss, or credit which is derived in the conduct of any trade or business (other than the trade or business of being an employee). (5) NAICS codes with respect to all forms and schedules. Each reference to a form or schedule in this subsection shall be treated as including a reference to any form or schedule which is a successor or alternative to such form or schedule.. (e) Effective date (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall take effect as if included in section 2201 of the Taxpayer First Act ( Public Law 116–25 ). (2) Clarification regarding certain business tax return information available for disclosure The amendment made by subsection (d) shall take effect on the date which is 1 year after the date of the enactment of this Act.
5,335
[ "Ways and Means Committee" ]
118hr1993ih
118
hr
1,993
ih
To provide for a limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Biomedical Imaging and Bioengineering 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 Biomedical Imaging and Bioengineering 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 Biomedical Imaging and Bioengineering for fiscal year 2024 may not exceed $389,464,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Biomedical Imaging and Bioengineering 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 Biomedical Imaging and Bioengineering 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 Biomedical Imaging and Bioengineering for fiscal year 2024 may not exceed $389,464,000.
489
[ "Energy and Commerce Committee" ]
118hr1429ih
118
hr
1,429
ih
To provide for a Federal partnership to ensure educational equity and quality.
[ { "text": "1. Short title \nThis Act may be cited as the Transformational Reforms and Updates to Ensure Educational Quality and Urgent Investments in Today’s Youth Act of 2023 or the TRUE EQUITY Act of 2023.", "id": "H7FB27135EAF3408C839252AB2EBDD458", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The fate of our Nation and the opportunities it creates for our children and grandchildren to enjoy successful careers and rewarding lives depends on the quality, equal access, and effectiveness of pre-kindergarten through twelfth grade education in every local school district across the country. (2) Our education systems must prepare students to compete in an interconnected, global economy. (3) Despite the current combinations of Federal, State, and local funding and innovative educational policies, States with historically well regarded kindergarten through grade 12 education systems may find their students falling behind their peers nationally and internationally. In Maryland, a State with a historically well regarded kindergarten through grade 12 education system, fourth and eighth graders placed in the middle of the pack nationally in reading and math scores on the National Assessment of Education Progress. (4) The United States as a whole scored well down the second quartile among students from 72 countries on the Programme for International Student Assessment. (5) Even in States with reading and math scores higher than the national average, there may be significant and persistent racial, ethnic, and income disparity gaps between students of color and low-income students compared to their higher income and White peers. (6) These same disparities carry into college enrollment, with fewer students of color and low-income students enrolling in college than their higher income and White peers. (7) The novel coronavirus (COVID–19) health pandemic forced the physical closure of schools nationwide in March 2020, moving students from the classroom to online learning. The public health necessity to turn to online learning further exacerbated the significant and persistent racial, ethnic, and income disparity learning gaps as students struggled to access educational technology devices and the internet. (8) At the start of online learning, Maryland school districts reported that on average, nearly 25 percent of Maryland students had not logged into their new online classrooms or picked up paper work packets, falling out of sight and behind their peers. (9) Millions of children fell further behind as a result of opportunity gaps that fail to provide students with ready access to individualized instruction, healthy meals, mental health counseling services, and hands on career training programs. (10) As school systems have returned full time to the in-person learning environment, assessments to determine the effect of COVID–19 have shown that achievement and opportunity gaps have only widened between students of color and low-income students and their higher income and White peers. (11) In order to address these inequities in education and harm caused by COVID–19, certain States, including Maryland, have researched and enacted bold, transformative Federal, State, and local funding and policy changes to their pre-kindergarten through twelfth grade education systems, with five main policy areas under the 2021 authorized Blueprint for Maryland’s Future which include the following focus areas: (A) Investing in high-quality early childhood education and care through a significant expansion of full day pre-school, to be free for all low-income three- and four-year-olds, so that all children have the opportunity to begin kindergarten ready to learn. (B) Investing in teachers and school leaders by elevating the standards and status of the teaching profession, including a performance-based career ladder and salaries comparable to other fields with similar education requirements. (C) Creating a world-class instructional system with an internationally benchmarked curriculum that enables most students to achieve college and career ready status by 10th grade and then pursue pathways that include early college, Advanced Placement courses, or a rigorous technical education leading to industry-recognized credentials and high paying jobs. (D) Providing supports to students that need it the most with broad and sustained support for schools serving high concentrations of poverty, with after school and summer academic programs and student access to needed health and social services. (E) Ensuring excellence for all through an accountability-oversight board that has the authority to ensure transformative education system recommendations are successfully implemented and produce the desired improvements in student achievement.", "id": "H5E959A357E69441D885F751B29F571C8", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Sense of Congress \nIt is the sense of Congress that— (1) no matter a child’s ZIP Code, they deserve equal access to a quality, public pre-kindergarten through twelfth grade education; (2) no inequities in student achievement, college enrollment, or Federal, State, and local funding should be tolerated; (3) the Federal Government should live up to its original commitment in 1975 under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) to provide 40 percent of the cost to educate children with disabilities and assist State educational agencies and local educational agencies in providing a free appropriate public education; and (4) the Federal Government should be an active partner with State educational agencies and local educational agencies that are willing to modify policies and commit additional State and local resources to address education inequities.", "id": "H2D104CB7DA1E4FF18121CC51B00C5967", "header": "Sense of Congress", "nested": [], "links": [ { "text": "20 U.S.C. 1400 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1400" } ] }, { "text": "4. Definitions \nIn this Act: (1) Local educational agency \nThe term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Secretary \nThe term Secretary means the Secretary of Education. (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": "H163B2B92F3BD47F58CBDA5ACFD31A88E", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "101. Early childhood education grant program \n(a) Authorization \n(1) In general \nThe Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state \nIn this section, the term eligible State means a State— (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal \nThe grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort \nIf the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period. (b) Application \nAn eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501. (c) Authorized activities \n(1) In general \nAn eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.). (B) Paragraphs (1)(B)(i), (5)(A), and (5)(B) of section 640(a) of the Head Start Act ( 42 U.S.C. 9835(1)(B)(i) , (5)(A), and (5)(B)). (C) Section 9212 of the Every Student Succeeds Act ( 42 U.S.C. 9831 note). (2) Subgrants \nAn eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs \nIn using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized. (d) Matching requirement \nEach eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (e) Supplement, not supplant \nAn eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $275,000,000 for fiscal year 2024; (2) $288,750,000 for fiscal year 2025; (3) $303,187,500 for fiscal year 2026; (4) $318,346,875 for fiscal year 2027; (5) $334,264,219 for fiscal year 2028; (6) $350,977,430 for fiscal year 2029; (7) $368,526,301 for fiscal year 2030; (8) $386,952,616 for fiscal year 2031; (9) $406,300,247 for fiscal year 2032; and (10) $426,615,259 for fiscal year 2033.", "id": "H7DD5B2A8E3744651ADA6A5B9DAABC59D", "header": "Early childhood education grant program", "nested": [ { "text": "(a) Authorization \n(1) In general \nThe Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state \nIn this section, the term eligible State means a State— (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal \nThe grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort \nIf the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period.", "id": "H7B1BD27F7A0641918B9E57124E329A24", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Application \nAn eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501.", "id": "H662E71C327644EB8B39103954D61C117", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Authorized activities \n(1) In general \nAn eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.). (B) Paragraphs (1)(B)(i), (5)(A), and (5)(B) of section 640(a) of the Head Start Act ( 42 U.S.C. 9835(1)(B)(i) , (5)(A), and (5)(B)). (C) Section 9212 of the Every Student Succeeds Act ( 42 U.S.C. 9831 note). (2) Subgrants \nAn eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs \nIn using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized.", "id": "H793BBE6AC3394048A5F4450EF45BFBDA", "header": "Authorized activities", "nested": [], "links": [ { "text": "42 U.S.C. 9835(1)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/9835" }, { "text": "42 U.S.C. 9831", "legal-doc": "usc", "parsable-cite": "usc/42/9831" } ] }, { "text": "(d) Matching requirement \nEach eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant.", "id": "HE00DB1A40FA84453AFCA50B177DD31FE", "header": "Matching requirement", "nested": [], "links": [] }, { "text": "(e) Supplement, not supplant \nAn eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds.", "id": "HBFA84FC3A1424D88B47098C0C72D0793", "header": "Supplement, not supplant", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $275,000,000 for fiscal year 2024; (2) $288,750,000 for fiscal year 2025; (3) $303,187,500 for fiscal year 2026; (4) $318,346,875 for fiscal year 2027; (5) $334,264,219 for fiscal year 2028; (6) $350,977,430 for fiscal year 2029; (7) $368,526,301 for fiscal year 2030; (8) $386,952,616 for fiscal year 2031; (9) $406,300,247 for fiscal year 2032; and (10) $426,615,259 for fiscal year 2033.", "id": "H18EE7A049DF64E818C0C05FC280E1D1E", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 9835(1)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/9835" }, { "text": "42 U.S.C. 9831", "legal-doc": "usc", "parsable-cite": "usc/42/9831" } ] }, { "text": "201. High-quality and diverse teachers and leaders grant program \n(a) Authorization \n(1) In general \nThe Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state \nIn this section, the term eligible State means a State— (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal \nThe grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort \nIf the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period. (b) Application \nAn eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501. (c) Authorized activities \n(1) In general \nAn eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Section 2101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6611 ). (B) Subpart 1 of part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631 et seq. ). (C) Sections 2242, 2243, and 2245 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6672 , 6673, and 6675). (D) Section 3131 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6861 ). (E) Subparts 1 and 2 of part D of the Individuals with Disabilities Education Act ( 20 U.S.C. 1451 et seq. and 1461 et seq.). (2) Subgrants \nAn eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs \nIn using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized. (d) Matching requirement \nEach eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (e) Supplement, not supplant \nAn eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $340,000,000 for fiscal year 2024; (2) $357,000,000 for fiscal year 2025; (3) $374,850,000 for fiscal year 2026; (4) $393,592,500 for fiscal year 2027; (5) $413,272,125 for fiscal year 2028; (6) $433,935,731 for fiscal year 2029; (7) $455,632,518 for fiscal year 2030; (8) $478,414,144 for fiscal year 2031; (9) $502,334,851 for fiscal year 2032; and (10) $527,451,594 for fiscal year 2033.", "id": "H04420ADEBF25479F9A4BA83C7FB560A6", "header": "High-quality and diverse teachers and leaders grant program", "nested": [ { "text": "(a) Authorization \n(1) In general \nThe Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state \nIn this section, the term eligible State means a State— (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal \nThe grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort \nIf the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period.", "id": "H15215741368941F388A550A7717D2D4E", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Application \nAn eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501.", "id": "H6FE4BE6810824730A402F0B1A2A0BC91", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Authorized activities \n(1) In general \nAn eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Section 2101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6611 ). (B) Subpart 1 of part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631 et seq. ). (C) Sections 2242, 2243, and 2245 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6672 , 6673, and 6675). (D) Section 3131 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6861 ). (E) Subparts 1 and 2 of part D of the Individuals with Disabilities Education Act ( 20 U.S.C. 1451 et seq. and 1461 et seq.). (2) Subgrants \nAn eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs \nIn using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized.", "id": "H68569161E6014BAF84CC0543B7615290", "header": "Authorized activities", "nested": [], "links": [ { "text": "20 U.S.C. 6611", "legal-doc": "usc", "parsable-cite": "usc/20/6611" }, { "text": "20 U.S.C. 6631 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6631" }, { "text": "20 U.S.C. 6672", "legal-doc": "usc", "parsable-cite": "usc/20/6672" }, { "text": "20 U.S.C. 6861", "legal-doc": "usc", "parsable-cite": "usc/20/6861" }, { "text": "20 U.S.C. 1451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1451" } ] }, { "text": "(d) Matching requirement \nEach eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant.", "id": "H6F5C4717B28746C5BDA19838ED695325", "header": "Matching requirement", "nested": [], "links": [] }, { "text": "(e) Supplement, not supplant \nAn eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds.", "id": "H529DEC4DA7534BA99A5EED5310F733C5", "header": "Supplement, not supplant", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $340,000,000 for fiscal year 2024; (2) $357,000,000 for fiscal year 2025; (3) $374,850,000 for fiscal year 2026; (4) $393,592,500 for fiscal year 2027; (5) $413,272,125 for fiscal year 2028; (6) $433,935,731 for fiscal year 2029; (7) $455,632,518 for fiscal year 2030; (8) $478,414,144 for fiscal year 2031; (9) $502,334,851 for fiscal year 2032; and (10) $527,451,594 for fiscal year 2033.", "id": "HD21E2F2B6EA04F2B8DA71D6E6284F5CB", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 6611", "legal-doc": "usc", "parsable-cite": "usc/20/6611" }, { "text": "20 U.S.C. 6631 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6631" }, { "text": "20 U.S.C. 6672", "legal-doc": "usc", "parsable-cite": "usc/20/6672" }, { "text": "20 U.S.C. 6861", "legal-doc": "usc", "parsable-cite": "usc/20/6861" }, { "text": "20 U.S.C. 1451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1451" } ] }, { "text": "301. College and career readiness pathways grant program \n(a) Authorization \n(1) In general \nThe Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state \nIn this section, the term eligible State means a State— (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal \nThe grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort \nIf the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period. (b) Application \nAn eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501. (c) Authorized activities \n(1) In general \nAn eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2355 ). (B) Subpart 11 of part A of title IV of the Higher Education Act of 1965, as added by section 302 of this Act. (2) Subgrants \nAn eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs \nIn using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized. (d) Matching requirement \nEach eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (e) Supplement, not supplant \nAn eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $50,000,000 for fiscal year 2024; (2) $52,500,000 for fiscal year 2025; (3) $55,125,000 for fiscal year 2026; (4) $57,881,250 for fiscal year 2027; (5) $60,775,312 for fiscal year 2028; (6) $63,814,077 for fiscal year 2029; (7) $67,004,780 for fiscal year 2030; (8) $70,355,019 for fiscal year 2031; (9) $73,872,770 for fiscal year 2032; and (10) $77,566,408 for fiscal year 2033.", "id": "H2176309B29534EDBAA8BD33FE622170D", "header": "College and career readiness pathways grant program", "nested": [ { "text": "(a) Authorization \n(1) In general \nThe Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state \nIn this section, the term eligible State means a State— (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal \nThe grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort \nIf the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period.", "id": "HFFD8FA1259004EBAB2A8CF7E253474BA", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Application \nAn eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501.", "id": "H352AE4E515294CA089F68A6C13C673D2", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Authorized activities \n(1) In general \nAn eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2355 ). (B) Subpart 11 of part A of title IV of the Higher Education Act of 1965, as added by section 302 of this Act. (2) Subgrants \nAn eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs \nIn using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized.", "id": "H918191226D60483FA1EBA776F8C96E34", "header": "Authorized activities", "nested": [], "links": [ { "text": "20 U.S.C. 2355", "legal-doc": "usc", "parsable-cite": "usc/20/2355" } ] }, { "text": "(d) Matching requirement \nEach eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant.", "id": "HA89FAE7278E246239669BBBED03574D1", "header": "Matching requirement", "nested": [], "links": [] }, { "text": "(e) Supplement, not supplant \nAn eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds.", "id": "H7588B35ADBC84103877C70D6B3066E7E", "header": "Supplement, not supplant", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $50,000,000 for fiscal year 2024; (2) $52,500,000 for fiscal year 2025; (3) $55,125,000 for fiscal year 2026; (4) $57,881,250 for fiscal year 2027; (5) $60,775,312 for fiscal year 2028; (6) $63,814,077 for fiscal year 2029; (7) $67,004,780 for fiscal year 2030; (8) $70,355,019 for fiscal year 2031; (9) $73,872,770 for fiscal year 2032; and (10) $77,566,408 for fiscal year 2033.", "id": "HBDAD123ABCDB491DAF703C7410799E26", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 2355", "legal-doc": "usc", "parsable-cite": "usc/20/2355" } ] }, { "text": "302. Jumpstart to college grant programs \nPart A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) is amended by adding at the end the following: 11 Jumpstart to College \n420T. Definitions \nIn this subpart: (1) Eligible entity \nThe term eligible entity means an institution of higher education in partnership with one or more local educational agencies (which may be an educational service agency). Such partnership may also include other entities such as nonprofit organizations or businesses, and schools in juvenile detention centers. (2) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101. (3) ESEA terms \nThe terms dual or concurrent enrollment program , early college high school , educational service agency , four-year adjusted cohort graduation rate , local educational agency , secondary school , and State have meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965. (4) Low-income student \nThe term low-income student means a student counted under section 1124(c) of the Elementary and Secondary Education Act of 1965. (5) Recognized postsecondary credential \nThe term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). 420U. Authorization of appropriations \nTo carry out this subpart, there are authorized to be appropriated $137,500,000 for fiscal year 2024 and each of the nine succeeding fiscal years. 420V. Grants to states \n(a) In general \nThe Secretary shall award a single grant to a State, on a competitive basis, to assist the State in supporting or establishing early college high schools or dual or concurrent enrollment programs. (b) Duration \nThe grant under this section shall be awarded for a period of 2 years, and may be renewed by the Secretary for not more than 4 additional 2-year periods. (c) Grant amount \nThe Secretary shall ensure that the amount of the grant under this section is sufficient to enable the grantee to carry out the activities described in subsection (f). (d) Matching requirement \nFor each year that a State receives a grant under this section, the State shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant received by the State for such year to carry out the activities supported by the grant. (e) Supplement, not supplant \nA State shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds. (f) Uses of funds \n(1) Mandatory activities \nA State shall use grant funds received under this section to— (A) support the activities described in its application under subsection (g); (B) plan and implement a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of recognized postsecondary credentials, with a focus on students academically at risk of not enrolling in or completing postsecondary education; (C) identify any obstacles to such a strategy under State law or policy; (D) provide technical assistance (either directly or through a knowledgeable intermediary) to early college high schools and other dual or concurrent enrollment programs, which may include— (i) brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; and (ii) offering statewide training, professional development, and peer learning opportunities for school leaders, instructors, and counselors or advisors; (E) identify and implement policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as eligibility and access, funding, data and quality assurance, governance, accountability, and alignment policies; (F) update the State’s requirements for a student to receive a regular high school diploma to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in subparagraphs (A) and (D) of section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; (G) incorporate indicators regarding student access to and completion of early college high schools and dual or concurrent enrollment programs into the school quality and student success indicators included in the State system of annual meaningful differentiation as described under section 1111(c)(4)(B)(v)(I) of the Elementary and Secondary Education Act of 1965; (H) disseminate best practices for early college high schools and dual or concurrent enrollment programs, which may include best practices from programs in the State or other States; (I) facilitate statewide secondary and postsecondary data collection, research and evaluation, and reporting to policymakers and other stakeholders; and (J) conduct outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual or concurrent enrollment programs in the State. (2) Allowable activities \nA State may use grant funds received under this section to— (A) establish a mechanism to offset the costs of tuition, fees, standardized testing and performance assessment costs, and support services for low-income students, and students from underrepresented populations enrolled in early college and high schools or dual or concurrent enrollment; (B) establish formal transfer systems within and across State higher education systems, including two-year and four-year public and private institutions, to maximize the transferability of college courses; (C) provide incentives to school districts that— (i) assist high school teachers in getting the credentials needed to participate in early college high school programs and dual or concurrent enrollment; and (ii) encourage the use of college instructors to teach college courses in high schools; (D) support initiatives to improve the quality of early college high school and dual or concurrent enrollment programs at participating institutions; and (E) reimburse low-income students to cover part or all of the costs of an Advanced Placement or International Baccalaureate examination. (g) State Applications \n(1) Application \nTo be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents of application \nThe application under paragraph (1) shall include, at minimum, a description of— (A) how the State will carry out the mandatory State activities described in subsection (f)(1); (B) how the State will ensure that any programs funded with a grant under this section are coordinated with programs under— (i) the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ); (ii) the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); (iii) the Elementary and Secondary Education Act of 1965; and (iv) the Individuals with Disabilities Education Act; (C) how the State intends to use grant funds to address achievement gaps for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965; (D) how the State will access and leverage additional resources necessary to sustain early college high schools or other dual or concurrent enrollment programs; (E) how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; and (F) such other information as the Secretary determines to be appropriate..", "id": "H5DF82628AD4A4453BFE55AF2C7F43B46", "header": "Jumpstart to college grant programs", "nested": [], "links": [ { "text": "20 U.S.C. 1070 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1070" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "20 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/2301" }, { "text": "29 U.S.C. 3101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3101" } ] }, { "text": "420T. Definitions \nIn this subpart: (1) Eligible entity \nThe term eligible entity means an institution of higher education in partnership with one or more local educational agencies (which may be an educational service agency). Such partnership may also include other entities such as nonprofit organizations or businesses, and schools in juvenile detention centers. (2) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101. (3) ESEA terms \nThe terms dual or concurrent enrollment program , early college high school , educational service agency , four-year adjusted cohort graduation rate , local educational agency , secondary school , and State have meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965. (4) Low-income student \nThe term low-income student means a student counted under section 1124(c) of the Elementary and Secondary Education Act of 1965. (5) Recognized postsecondary credential \nThe term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ).", "id": "H2CA5B5DBE35D4EBB89C41B5F7F1C1EB8", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" } ] }, { "text": "420U. Authorization of appropriations \nTo carry out this subpart, there are authorized to be appropriated $137,500,000 for fiscal year 2024 and each of the nine succeeding fiscal years.", "id": "H4B876E8F1E4144D389A36E16CED75842", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "420V. Grants to states \n(a) In general \nThe Secretary shall award a single grant to a State, on a competitive basis, to assist the State in supporting or establishing early college high schools or dual or concurrent enrollment programs. (b) Duration \nThe grant under this section shall be awarded for a period of 2 years, and may be renewed by the Secretary for not more than 4 additional 2-year periods. (c) Grant amount \nThe Secretary shall ensure that the amount of the grant under this section is sufficient to enable the grantee to carry out the activities described in subsection (f). (d) Matching requirement \nFor each year that a State receives a grant under this section, the State shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant received by the State for such year to carry out the activities supported by the grant. (e) Supplement, not supplant \nA State shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds. (f) Uses of funds \n(1) Mandatory activities \nA State shall use grant funds received under this section to— (A) support the activities described in its application under subsection (g); (B) plan and implement a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of recognized postsecondary credentials, with a focus on students academically at risk of not enrolling in or completing postsecondary education; (C) identify any obstacles to such a strategy under State law or policy; (D) provide technical assistance (either directly or through a knowledgeable intermediary) to early college high schools and other dual or concurrent enrollment programs, which may include— (i) brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; and (ii) offering statewide training, professional development, and peer learning opportunities for school leaders, instructors, and counselors or advisors; (E) identify and implement policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as eligibility and access, funding, data and quality assurance, governance, accountability, and alignment policies; (F) update the State’s requirements for a student to receive a regular high school diploma to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in subparagraphs (A) and (D) of section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; (G) incorporate indicators regarding student access to and completion of early college high schools and dual or concurrent enrollment programs into the school quality and student success indicators included in the State system of annual meaningful differentiation as described under section 1111(c)(4)(B)(v)(I) of the Elementary and Secondary Education Act of 1965; (H) disseminate best practices for early college high schools and dual or concurrent enrollment programs, which may include best practices from programs in the State or other States; (I) facilitate statewide secondary and postsecondary data collection, research and evaluation, and reporting to policymakers and other stakeholders; and (J) conduct outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual or concurrent enrollment programs in the State. (2) Allowable activities \nA State may use grant funds received under this section to— (A) establish a mechanism to offset the costs of tuition, fees, standardized testing and performance assessment costs, and support services for low-income students, and students from underrepresented populations enrolled in early college and high schools or dual or concurrent enrollment; (B) establish formal transfer systems within and across State higher education systems, including two-year and four-year public and private institutions, to maximize the transferability of college courses; (C) provide incentives to school districts that— (i) assist high school teachers in getting the credentials needed to participate in early college high school programs and dual or concurrent enrollment; and (ii) encourage the use of college instructors to teach college courses in high schools; (D) support initiatives to improve the quality of early college high school and dual or concurrent enrollment programs at participating institutions; and (E) reimburse low-income students to cover part or all of the costs of an Advanced Placement or International Baccalaureate examination. (g) State Applications \n(1) Application \nTo be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents of application \nThe application under paragraph (1) shall include, at minimum, a description of— (A) how the State will carry out the mandatory State activities described in subsection (f)(1); (B) how the State will ensure that any programs funded with a grant under this section are coordinated with programs under— (i) the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ); (ii) the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); (iii) the Elementary and Secondary Education Act of 1965; and (iv) the Individuals with Disabilities Education Act; (C) how the State intends to use grant funds to address achievement gaps for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965; (D) how the State will access and leverage additional resources necessary to sustain early college high schools or other dual or concurrent enrollment programs; (E) how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; and (F) such other information as the Secretary determines to be appropriate.", "id": "H2CE533A1F15C41DD8E50C231165EA280", "header": "Grants to states", "nested": [ { "text": "(a) In general \nThe Secretary shall award a single grant to a State, on a competitive basis, to assist the State in supporting or establishing early college high schools or dual or concurrent enrollment programs.", "id": "HB36AC9C77D7F4439966C9DBBB797B47A", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Duration \nThe grant under this section shall be awarded for a period of 2 years, and may be renewed by the Secretary for not more than 4 additional 2-year periods.", "id": "H638A44BF2E9C4B6D9137888E6B07EBBB", "header": "Duration", "nested": [], "links": [] }, { "text": "(c) Grant amount \nThe Secretary shall ensure that the amount of the grant under this section is sufficient to enable the grantee to carry out the activities described in subsection (f).", "id": "HB76CD6C3BEC04157955A0E19623A74D8", "header": "Grant amount", "nested": [], "links": [] }, { "text": "(d) Matching requirement \nFor each year that a State receives a grant under this section, the State shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant received by the State for such year to carry out the activities supported by the grant.", "id": "HDD73E006D2BC4DA88A47C49D90E6BE93", "header": "Matching requirement", "nested": [], "links": [] }, { "text": "(e) Supplement, not supplant \nA State shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds.", "id": "H7B6F9C4F0D4D4928B7746EEF57F43066", "header": "Supplement, not supplant", "nested": [], "links": [] }, { "text": "(f) Uses of funds \n(1) Mandatory activities \nA State shall use grant funds received under this section to— (A) support the activities described in its application under subsection (g); (B) plan and implement a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of recognized postsecondary credentials, with a focus on students academically at risk of not enrolling in or completing postsecondary education; (C) identify any obstacles to such a strategy under State law or policy; (D) provide technical assistance (either directly or through a knowledgeable intermediary) to early college high schools and other dual or concurrent enrollment programs, which may include— (i) brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; and (ii) offering statewide training, professional development, and peer learning opportunities for school leaders, instructors, and counselors or advisors; (E) identify and implement policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as eligibility and access, funding, data and quality assurance, governance, accountability, and alignment policies; (F) update the State’s requirements for a student to receive a regular high school diploma to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in subparagraphs (A) and (D) of section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; (G) incorporate indicators regarding student access to and completion of early college high schools and dual or concurrent enrollment programs into the school quality and student success indicators included in the State system of annual meaningful differentiation as described under section 1111(c)(4)(B)(v)(I) of the Elementary and Secondary Education Act of 1965; (H) disseminate best practices for early college high schools and dual or concurrent enrollment programs, which may include best practices from programs in the State or other States; (I) facilitate statewide secondary and postsecondary data collection, research and evaluation, and reporting to policymakers and other stakeholders; and (J) conduct outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual or concurrent enrollment programs in the State. (2) Allowable activities \nA State may use grant funds received under this section to— (A) establish a mechanism to offset the costs of tuition, fees, standardized testing and performance assessment costs, and support services for low-income students, and students from underrepresented populations enrolled in early college and high schools or dual or concurrent enrollment; (B) establish formal transfer systems within and across State higher education systems, including two-year and four-year public and private institutions, to maximize the transferability of college courses; (C) provide incentives to school districts that— (i) assist high school teachers in getting the credentials needed to participate in early college high school programs and dual or concurrent enrollment; and (ii) encourage the use of college instructors to teach college courses in high schools; (D) support initiatives to improve the quality of early college high school and dual or concurrent enrollment programs at participating institutions; and (E) reimburse low-income students to cover part or all of the costs of an Advanced Placement or International Baccalaureate examination.", "id": "HC04B09A3B2A54C5B9568ADC518DD2D5C", "header": "Uses of funds", "nested": [], "links": [] }, { "text": "(g) State Applications \n(1) Application \nTo be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents of application \nThe application under paragraph (1) shall include, at minimum, a description of— (A) how the State will carry out the mandatory State activities described in subsection (f)(1); (B) how the State will ensure that any programs funded with a grant under this section are coordinated with programs under— (i) the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ); (ii) the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); (iii) the Elementary and Secondary Education Act of 1965; and (iv) the Individuals with Disabilities Education Act; (C) how the State intends to use grant funds to address achievement gaps for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965; (D) how the State will access and leverage additional resources necessary to sustain early college high schools or other dual or concurrent enrollment programs; (E) how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; and (F) such other information as the Secretary determines to be appropriate.", "id": "H60B4E9ECBC7D47D5933A8819EED38EC8", "header": "State Applications", "nested": [], "links": [ { "text": "20 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/2301" }, { "text": "29 U.S.C. 3101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3101" } ] } ], "links": [ { "text": "20 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/2301" }, { "text": "29 U.S.C. 3101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3101" } ] }, { "text": "401. Student success grant program \n(a) Authorization \n(1) In general \nThe Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state \nIn this section, the term eligible State means a State— (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal \nThe grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort \nIf the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period. (b) Application \nAn eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501. (c) Authorized activities \n(1) In general \nAn eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ). (B) Part C of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6391 et seq. ). (C) Part D of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6421 et seq. ). (D) Part E of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6491 et seq. ). (E) Subparts 2 and 3 of part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6641 et seq. and 6661 et seq.). (F) Subpart 1 of part A of title III of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6821 et seq. ). (G) Subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7111 et seq. ). (H) Part B of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 et seq. ). (I) Part D of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7231 et seq. ). (J) Sections 4624 and 4625 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7274 and 7275). (K) Section 4641 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7291 et seq. ). (L) Section 611 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 ). (2) Subgrants \nAn eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs \nIn using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized. (d) Matching requirement \nEach eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (e) Supplement, not supplant \nAn eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $750,000,000 for fiscal year 2024; (2) $787,500,000 for fiscal year 2025; (3) $826,875,000 for fiscal year 2026; (4) $868,218,750 for fiscal year 2027; (5) $911,629,688 for fiscal year 2028; (6) $957,211,172 for fiscal year 2029; (7) $1,005,071,731 for fiscal year 2030; (8) $1,055,325,318 for fiscal year 2031; (9) $1,108,091,584 for fiscal year 2032; and (10) $1,163,496,163 for fiscal year 2033.", "id": "HD80E1C63A16D408E960FAD7422A62769", "header": "Student success grant program", "nested": [ { "text": "(a) Authorization \n(1) In general \nThe Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state \nIn this section, the term eligible State means a State— (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal \nThe grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort \nIf the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period.", "id": "H4D67D0D4302646B19146AB8FE8D43A55", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Application \nAn eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501.", "id": "H16EB9514ED354815B523FF6B8E96FDBF", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Authorized activities \n(1) In general \nAn eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ). (B) Part C of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6391 et seq. ). (C) Part D of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6421 et seq. ). (D) Part E of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6491 et seq. ). (E) Subparts 2 and 3 of part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6641 et seq. and 6661 et seq.). (F) Subpart 1 of part A of title III of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6821 et seq. ). (G) Subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7111 et seq. ). (H) Part B of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 et seq. ). (I) Part D of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7231 et seq. ). (J) Sections 4624 and 4625 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7274 and 7275). (K) Section 4641 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7291 et seq. ). (L) Section 611 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 ). (2) Subgrants \nAn eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs \nIn using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized.", "id": "H94A6D410F99D4E29B9CC8E56D44CE0B7", "header": "Authorized activities", "nested": [], "links": [ { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 6391 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6391" }, { "text": "20 U.S.C. 6421 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6421" }, { "text": "20 U.S.C. 6491 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6491" }, { "text": "20 U.S.C. 6641 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6641" }, { "text": "20 U.S.C. 6821 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6821" }, { "text": "20 U.S.C. 7111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7111" }, { "text": "20 U.S.C. 7171 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7171" }, { "text": "20 U.S.C. 7231 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7231" }, { "text": "20 U.S.C. 7291 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7291" }, { "text": "20 U.S.C. 1411", "legal-doc": "usc", "parsable-cite": "usc/20/1411" } ] }, { "text": "(d) Matching requirement \nEach eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant.", "id": "HF86EE333DD4B464BB165C996D14A39B2", "header": "Matching requirement", "nested": [], "links": [] }, { "text": "(e) Supplement, not supplant \nAn eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds.", "id": "HF8E654A450F54C4FA00A6A3EF5A1493B", "header": "Supplement, not supplant", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $750,000,000 for fiscal year 2024; (2) $787,500,000 for fiscal year 2025; (3) $826,875,000 for fiscal year 2026; (4) $868,218,750 for fiscal year 2027; (5) $911,629,688 for fiscal year 2028; (6) $957,211,172 for fiscal year 2029; (7) $1,005,071,731 for fiscal year 2030; (8) $1,055,325,318 for fiscal year 2031; (9) $1,108,091,584 for fiscal year 2032; and (10) $1,163,496,163 for fiscal year 2033.", "id": "HB1E95CFCFD93450E98DFECC0FE464A9D", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 6391 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6391" }, { "text": "20 U.S.C. 6421 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6421" }, { "text": "20 U.S.C. 6491 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6491" }, { "text": "20 U.S.C. 6641 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6641" }, { "text": "20 U.S.C. 6821 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6821" }, { "text": "20 U.S.C. 7111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7111" }, { "text": "20 U.S.C. 7171 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7171" }, { "text": "20 U.S.C. 7231 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7231" }, { "text": "20 U.S.C. 7291 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7291" }, { "text": "20 U.S.C. 1411", "legal-doc": "usc", "parsable-cite": "usc/20/1411" } ] }, { "text": "501. State oversight boards \n(a) In general \nIn order to be eligible to receive a grant under title I, II, III, or IV, a State shall establish a State Oversight Board that is independent of the State educational agency, ensures educational equity in the State, and holds the State educational agency and local educational agencies in the State accountable for failure to meet such educational equity. (b) Authority of state oversight boards \nA State Oversight Board established pursuant to this section shall— (1) determine implementation plans and guidelines for the State educational agency and local educational agencies in the State to meet the educational equity goals determined by the State under subsection (c); (2) determine whether the State and local educational agencies in the State have met the educational equity goals determined by the State; (3) hold the State and local educational agencies in the State accountable for a failure to meet the educational equity goals, pursuant to the accountability consequences described under subsection (c); and (4) provide to the Secretary, on an annual basis, the progress of the State and local educational agencies in the State towards meeting the educational equity goals. (c) Authority of state \nA State that establishes a State Oversight Board under this section shall determine— (1) the educational equity goals of the State, that includes a requirement that the State and local educational agencies in the State maintain a level of financial support for elementary and secondary education that is not less than the level of such support for fiscal year 2023; and (2) the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds. (d) Technical assistance and oversight \n(1) In general \nThe Secretary and the Office for Civil Rights of the Department of Education shall provide technical assistance— (A) to States in implementing the educational equity goals of the State; and (B) to State Oversight Boards in carrying out subsection (b), including in determining whether the State and local educational agencies in the State have met the educational equity goals determined by the State. (2) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection $1,000,000 for each fiscal year.", "id": "H7B0B471E5DD34C6CBA9768B67E065FE1", "header": "State oversight boards", "nested": [ { "text": "(a) In general \nIn order to be eligible to receive a grant under title I, II, III, or IV, a State shall establish a State Oversight Board that is independent of the State educational agency, ensures educational equity in the State, and holds the State educational agency and local educational agencies in the State accountable for failure to meet such educational equity.", "id": "H3B15C4B5A8224D6EBE77459B8F106B76", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authority of state oversight boards \nA State Oversight Board established pursuant to this section shall— (1) determine implementation plans and guidelines for the State educational agency and local educational agencies in the State to meet the educational equity goals determined by the State under subsection (c); (2) determine whether the State and local educational agencies in the State have met the educational equity goals determined by the State; (3) hold the State and local educational agencies in the State accountable for a failure to meet the educational equity goals, pursuant to the accountability consequences described under subsection (c); and (4) provide to the Secretary, on an annual basis, the progress of the State and local educational agencies in the State towards meeting the educational equity goals.", "id": "H1B8D86EF1C1F4BC9AB255C51CE96C4A2", "header": "Authority of state oversight boards", "nested": [], "links": [] }, { "text": "(c) Authority of state \nA State that establishes a State Oversight Board under this section shall determine— (1) the educational equity goals of the State, that includes a requirement that the State and local educational agencies in the State maintain a level of financial support for elementary and secondary education that is not less than the level of such support for fiscal year 2023; and (2) the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds.", "id": "H23A73DFAD9D7493F83EE7E43C4843D77", "header": "Authority of state", "nested": [], "links": [] }, { "text": "(d) Technical assistance and oversight \n(1) In general \nThe Secretary and the Office for Civil Rights of the Department of Education shall provide technical assistance— (A) to States in implementing the educational equity goals of the State; and (B) to State Oversight Boards in carrying out subsection (b), including in determining whether the State and local educational agencies in the State have met the educational equity goals determined by the State. (2) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection $1,000,000 for each fiscal year.", "id": "H31A035CB34A04D9694496D5D08C6DFFE", "header": "Technical assistance and oversight", "nested": [], "links": [] } ], "links": [] }, { "text": "601. State flexibility for equitable per-pupil funding \nSection 1501 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6491 ) is amended— (1) in subsection (a), by inserting and certain State educational agencies on behalf of a State's local educational agencies after local educational agencies ; (2) in subsection (b)— (A) in paragraph (1)(A), by inserting and certain State educational agencies on behalf of a State's local educational agencies after local educational agencies ; and (B) in paragraph (2), by inserting and certain State educational agencies on behalf of a State's local educational agencies after local educational agencies ; (3) in subsection (c)— (A) in paragraph (1), by inserting or 1 State educational agency on behalf of the State's local educational agencies after local educational agencies ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting or State educational agency after local educational agency ; and (ii) in subparagraph (A), by inserting or consolidated State after local ; and (C) in paragraph (3)— (i) by striking any local and inserting any ; and (ii) by striking with local and inserting with the ; (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking Each local and inserting Each ; and (II) by inserting or consolidated State after local ; (ii) in subparagraph (A)(ii), by striking local ; (iii) in subparagraph (B), by striking local ; (iv) in subparagraph (C), by striking local educational and inserting educational ; (v) in subparagraph (G), by striking local educational and inserting educational ; (vi) in subparagraph (H), by striking local educational and inserting educational ; (vii) in subparagraph (I), by striking local educational and inserting educational ; and (viii) in subparagraph (G), by striking local educational and inserting educational ; (B) in paragraph (2)— (i) in subparagraph (A), by striking local educational each place the term appears and inserting educational ; (ii) in subparagraph (B), by striking local educational each place the term appears and inserting educational ; and (iii) in subparagraph (C), by striking local educational and inserting educational ; (5) in subsection (e), by striking local educational and inserting educational ; (6) in subsection (f)— (A) by striking local educational and inserting educational ; and (B) by inserting or consolidated State after local ; (7) in subsection (g), by inserting or consolidated State after local ; (8) in subsection (h)— (A) by striking local educational and inserting educational ; and (B) by inserting or consolidated State after local ; (9) in subsection (i), by striking local educational each place the term appears and inserting educational ; (10) in subsection (j), by inserting or consolidated State after local ; (11) in subsection (k)— (A) by striking local educational and inserting educational ; and (B) by inserting or consolidated State after local each place the term appears; (12) in subsection (l)— (A) in paragraph (1)— (i) by inserting or State educational agency after local educational agency ; (ii) in subparagraph (D), by striking and after the semicolon; (iii) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (F) title I of the TRUE EQUITY Act; (G) title II of the TRUE EQUITY Act; (H) title III of the TRUE EQUITY Act; and (I) title IV of the TRUE EQUITY Act. ; and (B) in paragraph (2), by striking is in the highest 2 quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families and inserting serves students not less than 55 percent of whom are students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) ; and (13) by adding at the end the following: (m) Funding flexibility for TRUE EQUITY Act funds \n(1) Technical assistance \nA State educational agency that submits a consolidated State flexibility demonstration agreement under this section shall provide technical assistance to local educational agencies in the State that desire to participate in the program under this section in submitting applications to enter into local flexibility demonstration agreements with the Secretary. (2) Duration and renewal \nNotwithstanding any other provision of this section, the Secretary— (A) is authorized to enter into local flexibility demonstration agreements for not more than 2 years with local educational agencies that are selected under subsection (c) and submit proposed agreements that meet the requirements of subsection (d) for flexibility to consolidate eligible Federal funds that are described in subparagraph (F), (G), (H), or (I) of subsection (l); and (B) may renew for not more than 4 additional 2-year terms a local flexibility demonstration agreement described in subparagraph (A)..", "id": "HBBD0A5B2AD7B4616A3CAD7558C77E6B5", "header": "State flexibility for equitable per-pupil funding", "nested": [], "links": [ { "text": "20 U.S.C. 6491", "legal-doc": "usc", "parsable-cite": "usc/20/6491" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" } ] } ]
14
1. Short title This Act may be cited as the Transformational Reforms and Updates to Ensure Educational Quality and Urgent Investments in Today’s Youth Act of 2023 or the TRUE EQUITY Act of 2023. 2. Findings Congress finds the following: (1) The fate of our Nation and the opportunities it creates for our children and grandchildren to enjoy successful careers and rewarding lives depends on the quality, equal access, and effectiveness of pre-kindergarten through twelfth grade education in every local school district across the country. (2) Our education systems must prepare students to compete in an interconnected, global economy. (3) Despite the current combinations of Federal, State, and local funding and innovative educational policies, States with historically well regarded kindergarten through grade 12 education systems may find their students falling behind their peers nationally and internationally. In Maryland, a State with a historically well regarded kindergarten through grade 12 education system, fourth and eighth graders placed in the middle of the pack nationally in reading and math scores on the National Assessment of Education Progress. (4) The United States as a whole scored well down the second quartile among students from 72 countries on the Programme for International Student Assessment. (5) Even in States with reading and math scores higher than the national average, there may be significant and persistent racial, ethnic, and income disparity gaps between students of color and low-income students compared to their higher income and White peers. (6) These same disparities carry into college enrollment, with fewer students of color and low-income students enrolling in college than their higher income and White peers. (7) The novel coronavirus (COVID–19) health pandemic forced the physical closure of schools nationwide in March 2020, moving students from the classroom to online learning. The public health necessity to turn to online learning further exacerbated the significant and persistent racial, ethnic, and income disparity learning gaps as students struggled to access educational technology devices and the internet. (8) At the start of online learning, Maryland school districts reported that on average, nearly 25 percent of Maryland students had not logged into their new online classrooms or picked up paper work packets, falling out of sight and behind their peers. (9) Millions of children fell further behind as a result of opportunity gaps that fail to provide students with ready access to individualized instruction, healthy meals, mental health counseling services, and hands on career training programs. (10) As school systems have returned full time to the in-person learning environment, assessments to determine the effect of COVID–19 have shown that achievement and opportunity gaps have only widened between students of color and low-income students and their higher income and White peers. (11) In order to address these inequities in education and harm caused by COVID–19, certain States, including Maryland, have researched and enacted bold, transformative Federal, State, and local funding and policy changes to their pre-kindergarten through twelfth grade education systems, with five main policy areas under the 2021 authorized Blueprint for Maryland’s Future which include the following focus areas: (A) Investing in high-quality early childhood education and care through a significant expansion of full day pre-school, to be free for all low-income three- and four-year-olds, so that all children have the opportunity to begin kindergarten ready to learn. (B) Investing in teachers and school leaders by elevating the standards and status of the teaching profession, including a performance-based career ladder and salaries comparable to other fields with similar education requirements. (C) Creating a world-class instructional system with an internationally benchmarked curriculum that enables most students to achieve college and career ready status by 10th grade and then pursue pathways that include early college, Advanced Placement courses, or a rigorous technical education leading to industry-recognized credentials and high paying jobs. (D) Providing supports to students that need it the most with broad and sustained support for schools serving high concentrations of poverty, with after school and summer academic programs and student access to needed health and social services. (E) Ensuring excellence for all through an accountability-oversight board that has the authority to ensure transformative education system recommendations are successfully implemented and produce the desired improvements in student achievement. 3. Sense of Congress It is the sense of Congress that— (1) no matter a child’s ZIP Code, they deserve equal access to a quality, public pre-kindergarten through twelfth grade education; (2) no inequities in student achievement, college enrollment, or Federal, State, and local funding should be tolerated; (3) the Federal Government should live up to its original commitment in 1975 under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) to provide 40 percent of the cost to educate children with disabilities and assist State educational agencies and local educational agencies in providing a free appropriate public education; and (4) the Federal Government should be an active partner with State educational agencies and local educational agencies that are willing to modify policies and commit additional State and local resources to address education inequities. 4. Definitions In this Act: (1) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Secretary The term Secretary means the Secretary of Education. (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 ). 101. Early childhood education grant program (a) Authorization (1) In general The Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state In this section, the term eligible State means a State— (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal The grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort If the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period. (b) Application An eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501. (c) Authorized activities (1) In general An eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.). (B) Paragraphs (1)(B)(i), (5)(A), and (5)(B) of section 640(a) of the Head Start Act ( 42 U.S.C. 9835(1)(B)(i) , (5)(A), and (5)(B)). (C) Section 9212 of the Every Student Succeeds Act ( 42 U.S.C. 9831 note). (2) Subgrants An eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs In using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized. (d) Matching requirement Each eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (e) Supplement, not supplant An eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $275,000,000 for fiscal year 2024; (2) $288,750,000 for fiscal year 2025; (3) $303,187,500 for fiscal year 2026; (4) $318,346,875 for fiscal year 2027; (5) $334,264,219 for fiscal year 2028; (6) $350,977,430 for fiscal year 2029; (7) $368,526,301 for fiscal year 2030; (8) $386,952,616 for fiscal year 2031; (9) $406,300,247 for fiscal year 2032; and (10) $426,615,259 for fiscal year 2033. 201. High-quality and diverse teachers and leaders grant program (a) Authorization (1) In general The Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state In this section, the term eligible State means a State— (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal The grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort If the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period. (b) Application An eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501. (c) Authorized activities (1) In general An eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Section 2101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6611 ). (B) Subpart 1 of part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631 et seq. ). (C) Sections 2242, 2243, and 2245 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6672 , 6673, and 6675). (D) Section 3131 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6861 ). (E) Subparts 1 and 2 of part D of the Individuals with Disabilities Education Act ( 20 U.S.C. 1451 et seq. and 1461 et seq.). (2) Subgrants An eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs In using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized. (d) Matching requirement Each eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (e) Supplement, not supplant An eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $340,000,000 for fiscal year 2024; (2) $357,000,000 for fiscal year 2025; (3) $374,850,000 for fiscal year 2026; (4) $393,592,500 for fiscal year 2027; (5) $413,272,125 for fiscal year 2028; (6) $433,935,731 for fiscal year 2029; (7) $455,632,518 for fiscal year 2030; (8) $478,414,144 for fiscal year 2031; (9) $502,334,851 for fiscal year 2032; and (10) $527,451,594 for fiscal year 2033. 301. College and career readiness pathways grant program (a) Authorization (1) In general The Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state In this section, the term eligible State means a State— (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal The grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort If the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period. (b) Application An eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501. (c) Authorized activities (1) In general An eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2355 ). (B) Subpart 11 of part A of title IV of the Higher Education Act of 1965, as added by section 302 of this Act. (2) Subgrants An eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs In using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized. (d) Matching requirement Each eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (e) Supplement, not supplant An eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $50,000,000 for fiscal year 2024; (2) $52,500,000 for fiscal year 2025; (3) $55,125,000 for fiscal year 2026; (4) $57,881,250 for fiscal year 2027; (5) $60,775,312 for fiscal year 2028; (6) $63,814,077 for fiscal year 2029; (7) $67,004,780 for fiscal year 2030; (8) $70,355,019 for fiscal year 2031; (9) $73,872,770 for fiscal year 2032; and (10) $77,566,408 for fiscal year 2033. 302. Jumpstart to college grant programs Part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) is amended by adding at the end the following: 11 Jumpstart to College 420T. Definitions In this subpart: (1) Eligible entity The term eligible entity means an institution of higher education in partnership with one or more local educational agencies (which may be an educational service agency). Such partnership may also include other entities such as nonprofit organizations or businesses, and schools in juvenile detention centers. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101. (3) ESEA terms The terms dual or concurrent enrollment program , early college high school , educational service agency , four-year adjusted cohort graduation rate , local educational agency , secondary school , and State have meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965. (4) Low-income student The term low-income student means a student counted under section 1124(c) of the Elementary and Secondary Education Act of 1965. (5) Recognized postsecondary credential The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). 420U. Authorization of appropriations To carry out this subpart, there are authorized to be appropriated $137,500,000 for fiscal year 2024 and each of the nine succeeding fiscal years. 420V. Grants to states (a) In general The Secretary shall award a single grant to a State, on a competitive basis, to assist the State in supporting or establishing early college high schools or dual or concurrent enrollment programs. (b) Duration The grant under this section shall be awarded for a period of 2 years, and may be renewed by the Secretary for not more than 4 additional 2-year periods. (c) Grant amount The Secretary shall ensure that the amount of the grant under this section is sufficient to enable the grantee to carry out the activities described in subsection (f). (d) Matching requirement For each year that a State receives a grant under this section, the State shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant received by the State for such year to carry out the activities supported by the grant. (e) Supplement, not supplant A State shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds. (f) Uses of funds (1) Mandatory activities A State shall use grant funds received under this section to— (A) support the activities described in its application under subsection (g); (B) plan and implement a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of recognized postsecondary credentials, with a focus on students academically at risk of not enrolling in or completing postsecondary education; (C) identify any obstacles to such a strategy under State law or policy; (D) provide technical assistance (either directly or through a knowledgeable intermediary) to early college high schools and other dual or concurrent enrollment programs, which may include— (i) brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; and (ii) offering statewide training, professional development, and peer learning opportunities for school leaders, instructors, and counselors or advisors; (E) identify and implement policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as eligibility and access, funding, data and quality assurance, governance, accountability, and alignment policies; (F) update the State’s requirements for a student to receive a regular high school diploma to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in subparagraphs (A) and (D) of section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; (G) incorporate indicators regarding student access to and completion of early college high schools and dual or concurrent enrollment programs into the school quality and student success indicators included in the State system of annual meaningful differentiation as described under section 1111(c)(4)(B)(v)(I) of the Elementary and Secondary Education Act of 1965; (H) disseminate best practices for early college high schools and dual or concurrent enrollment programs, which may include best practices from programs in the State or other States; (I) facilitate statewide secondary and postsecondary data collection, research and evaluation, and reporting to policymakers and other stakeholders; and (J) conduct outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual or concurrent enrollment programs in the State. (2) Allowable activities A State may use grant funds received under this section to— (A) establish a mechanism to offset the costs of tuition, fees, standardized testing and performance assessment costs, and support services for low-income students, and students from underrepresented populations enrolled in early college and high schools or dual or concurrent enrollment; (B) establish formal transfer systems within and across State higher education systems, including two-year and four-year public and private institutions, to maximize the transferability of college courses; (C) provide incentives to school districts that— (i) assist high school teachers in getting the credentials needed to participate in early college high school programs and dual or concurrent enrollment; and (ii) encourage the use of college instructors to teach college courses in high schools; (D) support initiatives to improve the quality of early college high school and dual or concurrent enrollment programs at participating institutions; and (E) reimburse low-income students to cover part or all of the costs of an Advanced Placement or International Baccalaureate examination. (g) State Applications (1) Application To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents of application The application under paragraph (1) shall include, at minimum, a description of— (A) how the State will carry out the mandatory State activities described in subsection (f)(1); (B) how the State will ensure that any programs funded with a grant under this section are coordinated with programs under— (i) the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ); (ii) the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); (iii) the Elementary and Secondary Education Act of 1965; and (iv) the Individuals with Disabilities Education Act; (C) how the State intends to use grant funds to address achievement gaps for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965; (D) how the State will access and leverage additional resources necessary to sustain early college high schools or other dual or concurrent enrollment programs; (E) how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; and (F) such other information as the Secretary determines to be appropriate.. 420T. Definitions In this subpart: (1) Eligible entity The term eligible entity means an institution of higher education in partnership with one or more local educational agencies (which may be an educational service agency). Such partnership may also include other entities such as nonprofit organizations or businesses, and schools in juvenile detention centers. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101. (3) ESEA terms The terms dual or concurrent enrollment program , early college high school , educational service agency , four-year adjusted cohort graduation rate , local educational agency , secondary school , and State have meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965. (4) Low-income student The term low-income student means a student counted under section 1124(c) of the Elementary and Secondary Education Act of 1965. (5) Recognized postsecondary credential The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). 420U. Authorization of appropriations To carry out this subpart, there are authorized to be appropriated $137,500,000 for fiscal year 2024 and each of the nine succeeding fiscal years. 420V. Grants to states (a) In general The Secretary shall award a single grant to a State, on a competitive basis, to assist the State in supporting or establishing early college high schools or dual or concurrent enrollment programs. (b) Duration The grant under this section shall be awarded for a period of 2 years, and may be renewed by the Secretary for not more than 4 additional 2-year periods. (c) Grant amount The Secretary shall ensure that the amount of the grant under this section is sufficient to enable the grantee to carry out the activities described in subsection (f). (d) Matching requirement For each year that a State receives a grant under this section, the State shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant received by the State for such year to carry out the activities supported by the grant. (e) Supplement, not supplant A State shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds. (f) Uses of funds (1) Mandatory activities A State shall use grant funds received under this section to— (A) support the activities described in its application under subsection (g); (B) plan and implement a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of recognized postsecondary credentials, with a focus on students academically at risk of not enrolling in or completing postsecondary education; (C) identify any obstacles to such a strategy under State law or policy; (D) provide technical assistance (either directly or through a knowledgeable intermediary) to early college high schools and other dual or concurrent enrollment programs, which may include— (i) brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; and (ii) offering statewide training, professional development, and peer learning opportunities for school leaders, instructors, and counselors or advisors; (E) identify and implement policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as eligibility and access, funding, data and quality assurance, governance, accountability, and alignment policies; (F) update the State’s requirements for a student to receive a regular high school diploma to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in subparagraphs (A) and (D) of section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; (G) incorporate indicators regarding student access to and completion of early college high schools and dual or concurrent enrollment programs into the school quality and student success indicators included in the State system of annual meaningful differentiation as described under section 1111(c)(4)(B)(v)(I) of the Elementary and Secondary Education Act of 1965; (H) disseminate best practices for early college high schools and dual or concurrent enrollment programs, which may include best practices from programs in the State or other States; (I) facilitate statewide secondary and postsecondary data collection, research and evaluation, and reporting to policymakers and other stakeholders; and (J) conduct outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual or concurrent enrollment programs in the State. (2) Allowable activities A State may use grant funds received under this section to— (A) establish a mechanism to offset the costs of tuition, fees, standardized testing and performance assessment costs, and support services for low-income students, and students from underrepresented populations enrolled in early college and high schools or dual or concurrent enrollment; (B) establish formal transfer systems within and across State higher education systems, including two-year and four-year public and private institutions, to maximize the transferability of college courses; (C) provide incentives to school districts that— (i) assist high school teachers in getting the credentials needed to participate in early college high school programs and dual or concurrent enrollment; and (ii) encourage the use of college instructors to teach college courses in high schools; (D) support initiatives to improve the quality of early college high school and dual or concurrent enrollment programs at participating institutions; and (E) reimburse low-income students to cover part or all of the costs of an Advanced Placement or International Baccalaureate examination. (g) State Applications (1) Application To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents of application The application under paragraph (1) shall include, at minimum, a description of— (A) how the State will carry out the mandatory State activities described in subsection (f)(1); (B) how the State will ensure that any programs funded with a grant under this section are coordinated with programs under— (i) the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ); (ii) the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); (iii) the Elementary and Secondary Education Act of 1965; and (iv) the Individuals with Disabilities Education Act; (C) how the State intends to use grant funds to address achievement gaps for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965; (D) how the State will access and leverage additional resources necessary to sustain early college high schools or other dual or concurrent enrollment programs; (E) how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; and (F) such other information as the Secretary determines to be appropriate. 401. Student success grant program (a) Authorization (1) In general The Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state In this section, the term eligible State means a State— (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal The grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort If the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period. (b) Application An eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501. (c) Authorized activities (1) In general An eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ). (B) Part C of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6391 et seq. ). (C) Part D of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6421 et seq. ). (D) Part E of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6491 et seq. ). (E) Subparts 2 and 3 of part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6641 et seq. and 6661 et seq.). (F) Subpart 1 of part A of title III of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6821 et seq. ). (G) Subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7111 et seq. ). (H) Part B of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 et seq. ). (I) Part D of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7231 et seq. ). (J) Sections 4624 and 4625 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7274 and 7275). (K) Section 4641 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7291 et seq. ). (L) Section 611 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 ). (2) Subgrants An eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs In using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized. (d) Matching requirement Each eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (e) Supplement, not supplant An eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $750,000,000 for fiscal year 2024; (2) $787,500,000 for fiscal year 2025; (3) $826,875,000 for fiscal year 2026; (4) $868,218,750 for fiscal year 2027; (5) $911,629,688 for fiscal year 2028; (6) $957,211,172 for fiscal year 2029; (7) $1,005,071,731 for fiscal year 2030; (8) $1,055,325,318 for fiscal year 2031; (9) $1,108,091,584 for fiscal year 2032; and (10) $1,163,496,163 for fiscal year 2033. 501. State oversight boards (a) In general In order to be eligible to receive a grant under title I, II, III, or IV, a State shall establish a State Oversight Board that is independent of the State educational agency, ensures educational equity in the State, and holds the State educational agency and local educational agencies in the State accountable for failure to meet such educational equity. (b) Authority of state oversight boards A State Oversight Board established pursuant to this section shall— (1) determine implementation plans and guidelines for the State educational agency and local educational agencies in the State to meet the educational equity goals determined by the State under subsection (c); (2) determine whether the State and local educational agencies in the State have met the educational equity goals determined by the State; (3) hold the State and local educational agencies in the State accountable for a failure to meet the educational equity goals, pursuant to the accountability consequences described under subsection (c); and (4) provide to the Secretary, on an annual basis, the progress of the State and local educational agencies in the State towards meeting the educational equity goals. (c) Authority of state A State that establishes a State Oversight Board under this section shall determine— (1) the educational equity goals of the State, that includes a requirement that the State and local educational agencies in the State maintain a level of financial support for elementary and secondary education that is not less than the level of such support for fiscal year 2023; and (2) the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds. (d) Technical assistance and oversight (1) In general The Secretary and the Office for Civil Rights of the Department of Education shall provide technical assistance— (A) to States in implementing the educational equity goals of the State; and (B) to State Oversight Boards in carrying out subsection (b), including in determining whether the State and local educational agencies in the State have met the educational equity goals determined by the State. (2) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $1,000,000 for each fiscal year. 601. State flexibility for equitable per-pupil funding Section 1501 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6491 ) is amended— (1) in subsection (a), by inserting and certain State educational agencies on behalf of a State's local educational agencies after local educational agencies ; (2) in subsection (b)— (A) in paragraph (1)(A), by inserting and certain State educational agencies on behalf of a State's local educational agencies after local educational agencies ; and (B) in paragraph (2), by inserting and certain State educational agencies on behalf of a State's local educational agencies after local educational agencies ; (3) in subsection (c)— (A) in paragraph (1), by inserting or 1 State educational agency on behalf of the State's local educational agencies after local educational agencies ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting or State educational agency after local educational agency ; and (ii) in subparagraph (A), by inserting or consolidated State after local ; and (C) in paragraph (3)— (i) by striking any local and inserting any ; and (ii) by striking with local and inserting with the ; (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking Each local and inserting Each ; and (II) by inserting or consolidated State after local ; (ii) in subparagraph (A)(ii), by striking local ; (iii) in subparagraph (B), by striking local ; (iv) in subparagraph (C), by striking local educational and inserting educational ; (v) in subparagraph (G), by striking local educational and inserting educational ; (vi) in subparagraph (H), by striking local educational and inserting educational ; (vii) in subparagraph (I), by striking local educational and inserting educational ; and (viii) in subparagraph (G), by striking local educational and inserting educational ; (B) in paragraph (2)— (i) in subparagraph (A), by striking local educational each place the term appears and inserting educational ; (ii) in subparagraph (B), by striking local educational each place the term appears and inserting educational ; and (iii) in subparagraph (C), by striking local educational and inserting educational ; (5) in subsection (e), by striking local educational and inserting educational ; (6) in subsection (f)— (A) by striking local educational and inserting educational ; and (B) by inserting or consolidated State after local ; (7) in subsection (g), by inserting or consolidated State after local ; (8) in subsection (h)— (A) by striking local educational and inserting educational ; and (B) by inserting or consolidated State after local ; (9) in subsection (i), by striking local educational each place the term appears and inserting educational ; (10) in subsection (j), by inserting or consolidated State after local ; (11) in subsection (k)— (A) by striking local educational and inserting educational ; and (B) by inserting or consolidated State after local each place the term appears; (12) in subsection (l)— (A) in paragraph (1)— (i) by inserting or State educational agency after local educational agency ; (ii) in subparagraph (D), by striking and after the semicolon; (iii) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (F) title I of the TRUE EQUITY Act; (G) title II of the TRUE EQUITY Act; (H) title III of the TRUE EQUITY Act; and (I) title IV of the TRUE EQUITY Act. ; and (B) in paragraph (2), by striking is in the highest 2 quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families and inserting serves students not less than 55 percent of whom are students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) ; and (13) by adding at the end the following: (m) Funding flexibility for TRUE EQUITY Act funds (1) Technical assistance A State educational agency that submits a consolidated State flexibility demonstration agreement under this section shall provide technical assistance to local educational agencies in the State that desire to participate in the program under this section in submitting applications to enter into local flexibility demonstration agreements with the Secretary. (2) Duration and renewal Notwithstanding any other provision of this section, the Secretary— (A) is authorized to enter into local flexibility demonstration agreements for not more than 2 years with local educational agencies that are selected under subsection (c) and submit proposed agreements that meet the requirements of subsection (d) for flexibility to consolidate eligible Federal funds that are described in subparagraph (F), (G), (H), or (I) of subsection (l); and (B) may renew for not more than 4 additional 2-year terms a local flexibility demonstration agreement described in subparagraph (A)..
46,577
[ "Education and the Workforce Committee" ]
118hr6364ih
118
hr
6,364
ih
To amend title XVIII of the Social Security Act to maintain certain telehealth flexibilities relating to provider privacy under the Medicare program.
[ { "text": "1. Short title \nThis Act may be cited as the Medicare Telehealth Privacy Act of 2023.", "id": "H409D5E42D2A34CCEB3A441AC97E8E523", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Maintaining certain telehealth flexibilities relating to provider privacy under the Medicare program \nSection 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by adding at the end the following new paragraph: (10) Ensuring physician and practitioner privacy \nIn the case of a physician or practitioner who elects to furnish telehealth services at a distant site that is the home of such physician or practitioner, if the Secretary requires such physician or practitioner to include the address of such home on any enrollment form of such physician or practitioner under this title (or requires such physician or practitioner to bill for such services using such address), the Secretary may not make such address available to the public in any manner..", "id": "H3EEDD8C4811445228E67377AFEF25F84", "header": "Maintaining certain telehealth flexibilities relating to provider privacy under the Medicare program", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] } ]
2
1. Short title This Act may be cited as the Medicare Telehealth Privacy Act of 2023. 2. Maintaining certain telehealth flexibilities relating to provider privacy under the Medicare program Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by adding at the end the following new paragraph: (10) Ensuring physician and practitioner privacy In the case of a physician or practitioner who elects to furnish telehealth services at a distant site that is the home of such physician or practitioner, if the Secretary requires such physician or practitioner to include the address of such home on any enrollment form of such physician or practitioner under this title (or requires such physician or practitioner to bill for such services using such address), the Secretary may not make such address available to the public in any manner..
860
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr1054ih
118
hr
1,054
ih
To amend title VII of the Civil Rights Act of 1964 to require the Equal Employment Opportunity Commission to approve commencing, intervening in, or participating in certain litigation, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the EEOC Transparency and Accountability Act.", "id": "H5950A0A714B3445497C19E6F20EE4E50", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Approval of EEOC litigation commencement, intervention, or participation \nSection 705 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 ) is amended by adding at the end the following: (l) (1) The Commission shall decide by majority vote— (A) whether the Commission will commence or intervene in litigation, for— (i) each case involving an allegation of systemic discrimination or a pattern or practice of discrimination; (ii) each case for which the litigation is expected to involve a major expenditure of agency resources, including staffing and staff time, or expenses associated with extensive discovery or expert witnesses; (iii) each case presenting an issue on which the Commission has taken a position contrary to precedent in the Judicial Circuit of the United States in which the case will be or has been filed; (iv) each case presenting an issue on which the General Counsel proposes to take a position contrary to precedent in the Circuit in which the case will be or has been filed; and (v) each case that the General Counsel reasonably believes to be appropriate for a Commission decision on such commencement or intervention, including— (I) cases that implicate areas of the law that are not settled; and (II) cases that are likely to generate public controversy; (B) for each recommendation regarding whether the Commission will participate as amicus curiae in a case, whether the Commission will so participate; and (C) in considering at least 1 litigation recommendation from each district office of the Commission each fiscal year, including litigation recommendations for cases described in subparagraph (A), whether the Commission will commence or intervene in the litigation for each case. (2) A member of the Commission shall have the power to require the Commission to decide by majority vote whether the Commission shall commence, intervene in, or participate in any litigation as described in paragraph (1). (3) Neither the Commission nor a member of the Commission may delegate the authority provided under paragraph (1) or (2) to any other person. (4) Not later than 30 days after the Commission commences, intervenes in, or participates in litigation pursuant to approval under this subsection, the Commission shall post and maintain the following information on its public website with respect to the litigation: (A) The court in which the case was brought. (B) The name and case number of the case. (C) The nature of the allegation. (D) The causes of action for the case brought. (E) Each Commissioner’s vote on commencing, intervening in, or participating in the litigation. (5) The Commission shall issue, in a manner consistent with section 713, procedural regulations to carry out this subsection..", "id": "H11D802D321E74C7BB7B7FC7E78ACF01F", "header": "Approval of EEOC litigation commencement, intervention, or participation", "nested": [], "links": [ { "text": "42 U.S.C. 2000e–4", "legal-doc": "usc", "parsable-cite": "usc/42/2000e-4" } ] } ]
2
1. Short title This Act may be cited as the EEOC Transparency and Accountability Act. 2. Approval of EEOC litigation commencement, intervention, or participation Section 705 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 ) is amended by adding at the end the following: (l) (1) The Commission shall decide by majority vote— (A) whether the Commission will commence or intervene in litigation, for— (i) each case involving an allegation of systemic discrimination or a pattern or practice of discrimination; (ii) each case for which the litigation is expected to involve a major expenditure of agency resources, including staffing and staff time, or expenses associated with extensive discovery or expert witnesses; (iii) each case presenting an issue on which the Commission has taken a position contrary to precedent in the Judicial Circuit of the United States in which the case will be or has been filed; (iv) each case presenting an issue on which the General Counsel proposes to take a position contrary to precedent in the Circuit in which the case will be or has been filed; and (v) each case that the General Counsel reasonably believes to be appropriate for a Commission decision on such commencement or intervention, including— (I) cases that implicate areas of the law that are not settled; and (II) cases that are likely to generate public controversy; (B) for each recommendation regarding whether the Commission will participate as amicus curiae in a case, whether the Commission will so participate; and (C) in considering at least 1 litigation recommendation from each district office of the Commission each fiscal year, including litigation recommendations for cases described in subparagraph (A), whether the Commission will commence or intervene in the litigation for each case. (2) A member of the Commission shall have the power to require the Commission to decide by majority vote whether the Commission shall commence, intervene in, or participate in any litigation as described in paragraph (1). (3) Neither the Commission nor a member of the Commission may delegate the authority provided under paragraph (1) or (2) to any other person. (4) Not later than 30 days after the Commission commences, intervenes in, or participates in litigation pursuant to approval under this subsection, the Commission shall post and maintain the following information on its public website with respect to the litigation: (A) The court in which the case was brought. (B) The name and case number of the case. (C) The nature of the allegation. (D) The causes of action for the case brought. (E) Each Commissioner’s vote on commencing, intervening in, or participating in the litigation. (5) The Commission shall issue, in a manner consistent with section 713, procedural regulations to carry out this subsection..
2,826
[ "Education and the Workforce Committee" ]
118hr1420ih
118
hr
1,420
ih
To modify the requirement to remain outside of the United States for Commonwealth Only Transitional Workers, and for other purposes.
[ { "text": "1. Amendments to the requirement to remain outside the United States \n(a) In general \nSection 6(d)(7) of Public Law 94–241 ( 48 U.S.C. 1806(d)(7) ) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking subparagraph (B) and all that follows through a permit for and inserting subparagraphs (B) and (C), a permit for ; (B) by striking (I) shall and inserting the following: (i) shall ; (C) by striking (II) may be renewed and inserting the following: (ii) may be renewed ; (D) by striking periods; and and inserting periods, except that an alien may be eligible for an additional permit for such period if at any time after the expiration of the first renewal period and prior to application for such permit, the alien has remained outside the United States for a continuous period of at least 30 days. ; and (E) by striking clause (ii); and (2) by adding at the end the following: (C) Deferral \n(i) Mandatory deferral \nThe Secretary of Homeland Security shall defer the requirement to remain outside of the United States until October 1, 2026. (ii) Discretionary deferral \nThe Secretary of Homeland Security may defer this requirement during or in connection with— (I) a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191); or (II) a presidentially declared national emergency under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 et seq. ).. (b) Effective date \nThe amendments made by this section shall take effect as if included in the enactment of Public Law 115–218.", "id": "H31CEA40E6B3D400AAFD8DC2DB30A20B9", "header": "Amendments to the requirement to remain outside the United States", "nested": [ { "text": "(a) In general \nSection 6(d)(7) of Public Law 94–241 ( 48 U.S.C. 1806(d)(7) ) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking subparagraph (B) and all that follows through a permit for and inserting subparagraphs (B) and (C), a permit for ; (B) by striking (I) shall and inserting the following: (i) shall ; (C) by striking (II) may be renewed and inserting the following: (ii) may be renewed ; (D) by striking periods; and and inserting periods, except that an alien may be eligible for an additional permit for such period if at any time after the expiration of the first renewal period and prior to application for such permit, the alien has remained outside the United States for a continuous period of at least 30 days. ; and (E) by striking clause (ii); and (2) by adding at the end the following: (C) Deferral \n(i) Mandatory deferral \nThe Secretary of Homeland Security shall defer the requirement to remain outside of the United States until October 1, 2026. (ii) Discretionary deferral \nThe Secretary of Homeland Security may defer this requirement during or in connection with— (I) a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191); or (II) a presidentially declared national emergency under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 et seq. )..", "id": "H618CC68CBDFA455CA847BB90A7BE4B9D", "header": "In general", "nested": [], "links": [ { "text": "Public Law 94–241", "legal-doc": "public-law", "parsable-cite": "pl/94/241" }, { "text": "48 U.S.C. 1806(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/48/1806" }, { "text": "50 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1601" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall take effect as if included in the enactment of Public Law 115–218.", "id": "H83D7285626E5409D987828311A23C793", "header": "Effective date", "nested": [], "links": [ { "text": "Public Law 115–218", "legal-doc": "public-law", "parsable-cite": "pl/115/218" } ] } ], "links": [ { "text": "Public Law 94–241", "legal-doc": "public-law", "parsable-cite": "pl/94/241" }, { "text": "48 U.S.C. 1806(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/48/1806" }, { "text": "50 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1601" }, { "text": "Public Law 115–218", "legal-doc": "public-law", "parsable-cite": "pl/115/218" } ] } ]
1
1. Amendments to the requirement to remain outside the United States (a) In general Section 6(d)(7) of Public Law 94–241 ( 48 U.S.C. 1806(d)(7) ) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking subparagraph (B) and all that follows through a permit for and inserting subparagraphs (B) and (C), a permit for ; (B) by striking (I) shall and inserting the following: (i) shall ; (C) by striking (II) may be renewed and inserting the following: (ii) may be renewed ; (D) by striking periods; and and inserting periods, except that an alien may be eligible for an additional permit for such period if at any time after the expiration of the first renewal period and prior to application for such permit, the alien has remained outside the United States for a continuous period of at least 30 days. ; and (E) by striking clause (ii); and (2) by adding at the end the following: (C) Deferral (i) Mandatory deferral The Secretary of Homeland Security shall defer the requirement to remain outside of the United States until October 1, 2026. (ii) Discretionary deferral The Secretary of Homeland Security may defer this requirement during or in connection with— (I) a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191); or (II) a presidentially declared national emergency under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 et seq. ).. (b) Effective date The amendments made by this section shall take effect as if included in the enactment of Public Law 115–218.
1,639
[ "Natural Resources Committee", "Judiciary Committee" ]
118hr7302ih
118
hr
7,302
ih
To require the Secretary of Housing and Urban Development to require public housing agencies to disclose contracts entered into, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Contracting Accountability and Transparency Act or the CAT Act.", "id": "H65A526F371864FD29CCB5FD1BDC693EA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Disclosure required \nThe Secretary of Housing and Urban Development shall, not later than 1 year after the date of the enactment of this Act, require each public housing agencies to publicly disclose, on the website of the public housing agency, with respect to each contract entered into by such public housing agency the following information— (1) all material information about the contract, including the goods and service provided; (2) the vendor; (3) the date of the solicitation of the contract; (4) the bids and quotes solicited; and (5) and the official who solicited the contract.", "id": "H6530CB4F75B244DABF204BDEC5A2EF42", "header": "Disclosure required", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Contracting Accountability and Transparency Act or the CAT Act. 2. Disclosure required The Secretary of Housing and Urban Development shall, not later than 1 year after the date of the enactment of this Act, require each public housing agencies to publicly disclose, on the website of the public housing agency, with respect to each contract entered into by such public housing agency the following information— (1) all material information about the contract, including the goods and service provided; (2) the vendor; (3) the date of the solicitation of the contract; (4) the bids and quotes solicited; and (5) and the official who solicited the contract.
702
[ "Financial Services Committee" ]
118hr6344ih
118
hr
6,344
ih
To amend titles XVIII and XIX of the Social Security Act to require providers of services and health maintenance organizations under the Medicare and Medicaid programs to provide for certain policies to be in place relating to do-not-resuscitate orders or similar physician’s orders for unemancipated minors receiving services.
[ { "text": "1. Short title \nThis Act may be cited as the Simon Crosier Act.", "id": "HFF1670391A4B401E8951D22B1449618C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Medicare and Medicaid requirements for certain policies relating to do-not-resuscitate orders or similar physician’s orders \n(a) Medicare provider agreement requirement \n(1) In general \nSection 1866(f) of the Social Security Act ( 42 U.S.C. 1395cc(f) ) is amended by adding at the end the following new paragraphs: (5) For purposes of subsection (a)(1)(Q) and sections 1819(c)(1)(E), 1833(s), 1852(i), 1876(c)(8), and 1891(a)(6), the requirement of this subsection, in addition to paragraph (1), is that a provider of services, MA organization, or prepaid or eligible organization (as the case may be) maintain the following written policies and procedures with respect to all unemancipated minors receiving medical care by or through the provider or organization (or prospective patient or resident, with respect to the provider or organization, who is an unemancipated minor): (A) A do-not-resuscitate order or similar physician’s order shall not be instituted, either orally or in writing, unless at least one parent or legal guardian of such unemancipated minor has first been informed of the physician’s intent to institute such an order and a reasonable attempt has been made to inform the other parent if the other parent is reasonably available and has custodial or visitation rights. Such information must be provided both orally and in writing unless, in reasonable medical judgment, the urgency of the decision requires reliance on only providing the information orally. Oral provision of such information shall include speaking to at least one parent or legal guardian in person or on the telephone, and shall not be limited to recorded voice messages. Provision of such information shall include at least 72 hours of diligent efforts made by the physician or provider to contact and notify at least one parent or legal guardian. The provision of such information shall be contemporaneously recorded in the medical record of the unemancipated minor, specifying by whom and to whom the information was given, the date and time of its provision, and whether it was provided in writing. In the case that only one parent has been informed, the nature of reasonable attempts to inform the other parent or the reason why such attempts were not made shall be contemporaneously recorded in the medical record of the unemancipated minor. (B) Either parent of the unemancipated minor or the unemancipated minor’s guardian may refuse consent for a do-not-resuscitate order or similar physician’s order for the unemancipated minor, either in writing or orally. Any such refusal of consent must be contemporaneously recorded in the medical record of the unemancipated minor. No do-not-resuscitate order or similar physician’s order shall be instituted either orally or in writing if there has been such a refusal of consent. (C) The provider shall not have the authority to require the withholding or withdrawal of life-sustaining procedures from an unemancipated minor over the objection of the parent or legal guardian, unless electronic brain, heart, and respiratory monitoring activity conclusively establishes that the minor has died. There shall be a presumption that the continuation of life is in the minor’s best interest. (D) Within 48 hours of being notified of the intent to institute a do-not-resuscitate order or a similar physician’s order according to subparagraph (A), a parent or legal guardian may request a transfer of the unemancipated minor patient or resident to another facility or discharge. If a transfer is requested by a parent or legal guardian, the hospital or health care facility under whose care the unemancipated minor is admitted must continue provision of artificial life-sustaining procedures and life-sustaining artificial nutrition and hydration for a minimum of 15 days after the transfer request has been made known and make every reasonable effort to assist the requesting parent or legal guardian in the transfer process. The hospital or health care facility’s duties and financial obligations regarding transfer shall be governed by existing state law, applicable rules or regulations, hospital policy, and relevant third-party payment contracts. (E) Upon the request of a patient or resident or a prospective patient or resident, the provider of services or organization shall disclose in writing any policies relating to the patient or resident or the services the patient or resident may receive involving resuscitation or life-sustaining measures, including any policies related to treatments deemed non-beneficial, ineffective, futile or inappropriate, within the provider of services or organization. Nothing in this subparagraph shall require a provider of services or organization to have a written policy relating to or involving resuscitation, life-sustaining or non-beneficial treatment for unemancipated minor patients or adult patients, residents or wards. (6) In applying paragraph (5)(A), a determination based on “reasonable medical judgement” shall not be solely based on disability alone or the view that the life of a person with a disability is of lower value or of lower quality than that of a person without a disability regardless of whether the person’s disability is pre-existing or newly acquired and therefore must not serve as the sole basis for the do-not-resuscitate order or similar physician’s order unless treatment is determined to be physiologically futile and supported with objective evidence that is documented in the patient’s records in writing.. (2) Conforming amendments \n(A) Section 1866(a)(1)(Q) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1)(Q) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (B) Section 1819(c)(1)(E) of the Social Security Act ( 42 U.S.C. 1395i–3(c)(1)(E) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (C) Section 1833(s) of the Social Security Act ( 42 U.S.C. 1395l(s) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (D) Section 1852(i) of the Social Security Act ( 42 U.S.C. 1395w–22(i) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (E) Section 1876(c)(8) of the Social Security Act ( 42 U.S.C. 1395mm(c)(8) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (F) Section 1891(a)(6) of the Social Security Act ( 42 U.S.C. 1395bbb(a)(6) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (3) Effective date \nThe amendments made by this subsection shall apply with respect to items and services furnished on or after the date that is 90 days after the date of the enactment of this Act. (b) Medicaid State plan requirement \n(1) In general \nSection 1902(w) of the Social Security Act ( 42 U.S.C. 1396a(w) ) is amended by adding at the end the following new paragraphs: (6) For purposes of subsection (a)(57) and sections 1903(m)(1)(A) and 1919(c)(2)(E), the requirement of this subsection, in addition to paragraph (1), is that a provider or organization (as the case may be) maintain the following written policies and procedures with respect to all unemancipated minors receiving medical care by or through the provider or organization (or prospective patient or resident, with respect to the provider or organization, who is an unemancipated minor): (A) A do-not-resuscitate order or similar physician’s order shall not be instituted, either orally or in writing, unless at least one parent or legal guardian of such unemancipated minor has first been informed of the physician’s intent to institute such an order and a reasonable attempt has been made to inform the other parent if the other parent is reasonably available and has custodial or visitation rights. Such information must be provided both orally and in writing unless, in reasonable medical judgment, the urgency of the decision requires reliance on only providing the information orally. Oral provision of such information shall include speaking to at least one parent or legal guardian in person or on the telephone, and shall not be limited to recorded voice messages. Provision of such information shall include at least 72 hours of diligent efforts made by the physician or provider to contact and notify at least one parent or legal guardian. The provision of such information shall be contemporaneously recorded in the medical record of the unemancipated minor, specifying by whom and to whom the information was given, the date and time of its provision, and whether it was provided in writing. In the case that only one parent has been informed, the nature of reasonable attempts to inform the other parent or the reason why such attempts were not made shall be contemporaneously recorded in the medical record of the unemancipated minor. (B) Either parent of the unemancipated minor or the unemancipated minor’s guardian may refuse consent for a do-not-resuscitate order or similar physician’s order for the unemancipated minor, either in writing or orally. Any such refusal of consent must be contemporaneously recorded in the medical record of the unemancipated minor. No do-not-resuscitate order or similar physician’s order shall be instituted either orally or in writing if there has been such a refusal of consent. (C) The provider shall not have the authority to require the withholding or withdrawal of life-sustaining procedures from an unemancipated minor over the objection of the parent or legal guardian, unless electronic brain, heart, and respiratory monitoring activity conclusively establishes that the minor has died. There shall be a presumption that the continuation of life is in the minor’s best interest. (D) Within 48 hours of being notified of the intent to institute a do-not-resuscitate order or a similar physician’s order according to subparagraph (A), a parent or legal guardian may request a transfer of the unemancipated minor patient or resident to another facility or discharge. If a transfer is requested by a parent or legal guardian, the hospital or health care facility under whose care the unemancipated minor is admitted must continue provision of artificial life-sustaining procedures and life-sustaining artificial nutrition and hydration for a minimum of 15 days after the transfer request has been made known and make every reasonable effort to assist the requesting parent or legal guardian in the transfer process. The hospital or health care facility’s duties and financial obligations regarding transfer shall be governed by existing state law, applicable rules or regulations, hospital policy, and relevant third-party payment contracts. (E) Upon the request of a patient or resident or a prospective patient or resident, the provider of services or organization shall disclose in writing any policies relating to the patient or resident or the services the patient or resident may receive involving resuscitation or life-sustaining measures, including any policies related to treatments deemed non-beneficial, ineffective, futile or inappropriate, within the provider of services or organization. Nothing in this subparagraph shall require a provider of services or organization to have a written policy relating to or involving resuscitation, life-sustaining or non-beneficial treatment for unemancipated minor patients or adult patients, residents or wards. (7) In applying paragraph (6)(A), a determination based on “reasonable medical judgement” shall not be solely based on disability alone or the view that the life of a person with a disability is of lower value or of lower quality than that of a person without a disability regardless of whether the person’s disability is pre-existing or newly acquired and therefore must not serve as the sole basis for the do-not-resuscitate order or similar physician’s order unless treatment is determined to be physiologically futile and supported with objective evidence that is documented in the patient’s records in writing.. (2) Conforming amendments \n(A) Section 1903(m)(1)(A) of the Social Security Act ( 42 U.S.C. 1396b(m)(1)(A) ) is amended in the matter preceding clause (i), by striking requirement and inserting requirements. (B) Section 1919(c)(2)(E) of the Social Security Act ( 42 U.S.C. 1396r(c)(2)(E) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (3) Effective date \n(A) In general \nExcept as provided in paragraph (2), the amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after the date that is 90 days after the date of the enactment of this Act. (B) Exception if State legislation required \nIn the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.", "id": "H62CBB6601F65412E8B7635E0A49C2A8C", "header": "Medicare and Medicaid requirements for certain policies relating to do-not-resuscitate orders or similar physician’s orders", "nested": [ { "text": "(a) Medicare provider agreement requirement \n(1) In general \nSection 1866(f) of the Social Security Act ( 42 U.S.C. 1395cc(f) ) is amended by adding at the end the following new paragraphs: (5) For purposes of subsection (a)(1)(Q) and sections 1819(c)(1)(E), 1833(s), 1852(i), 1876(c)(8), and 1891(a)(6), the requirement of this subsection, in addition to paragraph (1), is that a provider of services, MA organization, or prepaid or eligible organization (as the case may be) maintain the following written policies and procedures with respect to all unemancipated minors receiving medical care by or through the provider or organization (or prospective patient or resident, with respect to the provider or organization, who is an unemancipated minor): (A) A do-not-resuscitate order or similar physician’s order shall not be instituted, either orally or in writing, unless at least one parent or legal guardian of such unemancipated minor has first been informed of the physician’s intent to institute such an order and a reasonable attempt has been made to inform the other parent if the other parent is reasonably available and has custodial or visitation rights. Such information must be provided both orally and in writing unless, in reasonable medical judgment, the urgency of the decision requires reliance on only providing the information orally. Oral provision of such information shall include speaking to at least one parent or legal guardian in person or on the telephone, and shall not be limited to recorded voice messages. Provision of such information shall include at least 72 hours of diligent efforts made by the physician or provider to contact and notify at least one parent or legal guardian. The provision of such information shall be contemporaneously recorded in the medical record of the unemancipated minor, specifying by whom and to whom the information was given, the date and time of its provision, and whether it was provided in writing. In the case that only one parent has been informed, the nature of reasonable attempts to inform the other parent or the reason why such attempts were not made shall be contemporaneously recorded in the medical record of the unemancipated minor. (B) Either parent of the unemancipated minor or the unemancipated minor’s guardian may refuse consent for a do-not-resuscitate order or similar physician’s order for the unemancipated minor, either in writing or orally. Any such refusal of consent must be contemporaneously recorded in the medical record of the unemancipated minor. No do-not-resuscitate order or similar physician’s order shall be instituted either orally or in writing if there has been such a refusal of consent. (C) The provider shall not have the authority to require the withholding or withdrawal of life-sustaining procedures from an unemancipated minor over the objection of the parent or legal guardian, unless electronic brain, heart, and respiratory monitoring activity conclusively establishes that the minor has died. There shall be a presumption that the continuation of life is in the minor’s best interest. (D) Within 48 hours of being notified of the intent to institute a do-not-resuscitate order or a similar physician’s order according to subparagraph (A), a parent or legal guardian may request a transfer of the unemancipated minor patient or resident to another facility or discharge. If a transfer is requested by a parent or legal guardian, the hospital or health care facility under whose care the unemancipated minor is admitted must continue provision of artificial life-sustaining procedures and life-sustaining artificial nutrition and hydration for a minimum of 15 days after the transfer request has been made known and make every reasonable effort to assist the requesting parent or legal guardian in the transfer process. The hospital or health care facility’s duties and financial obligations regarding transfer shall be governed by existing state law, applicable rules or regulations, hospital policy, and relevant third-party payment contracts. (E) Upon the request of a patient or resident or a prospective patient or resident, the provider of services or organization shall disclose in writing any policies relating to the patient or resident or the services the patient or resident may receive involving resuscitation or life-sustaining measures, including any policies related to treatments deemed non-beneficial, ineffective, futile or inappropriate, within the provider of services or organization. Nothing in this subparagraph shall require a provider of services or organization to have a written policy relating to or involving resuscitation, life-sustaining or non-beneficial treatment for unemancipated minor patients or adult patients, residents or wards. (6) In applying paragraph (5)(A), a determination based on “reasonable medical judgement” shall not be solely based on disability alone or the view that the life of a person with a disability is of lower value or of lower quality than that of a person without a disability regardless of whether the person’s disability is pre-existing or newly acquired and therefore must not serve as the sole basis for the do-not-resuscitate order or similar physician’s order unless treatment is determined to be physiologically futile and supported with objective evidence that is documented in the patient’s records in writing.. (2) Conforming amendments \n(A) Section 1866(a)(1)(Q) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1)(Q) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (B) Section 1819(c)(1)(E) of the Social Security Act ( 42 U.S.C. 1395i–3(c)(1)(E) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (C) Section 1833(s) of the Social Security Act ( 42 U.S.C. 1395l(s) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (D) Section 1852(i) of the Social Security Act ( 42 U.S.C. 1395w–22(i) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (E) Section 1876(c)(8) of the Social Security Act ( 42 U.S.C. 1395mm(c)(8) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (F) Section 1891(a)(6) of the Social Security Act ( 42 U.S.C. 1395bbb(a)(6) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (3) Effective date \nThe amendments made by this subsection shall apply with respect to items and services furnished on or after the date that is 90 days after the date of the enactment of this Act.", "id": "H0EEB57D9FCA448A3AA8F1E1465A1A9CF", "header": "Medicare provider agreement requirement", "nested": [], "links": [ { "text": "42 U.S.C. 1395cc(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" }, { "text": "42 U.S.C. 1395cc(a)(1)(Q)", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" }, { "text": "42 U.S.C. 1395i–3(c)(1)(E)", "legal-doc": "usc", "parsable-cite": "usc/42/1395i-3" }, { "text": "42 U.S.C. 1395l(s)", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" }, { "text": "42 U.S.C. 1395w–22(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-22" }, { "text": "42 U.S.C. 1395mm(c)(8)", "legal-doc": "usc", "parsable-cite": "usc/42/1395mm" }, { "text": "42 U.S.C. 1395bbb(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/1395bbb" } ] }, { "text": "(b) Medicaid State plan requirement \n(1) In general \nSection 1902(w) of the Social Security Act ( 42 U.S.C. 1396a(w) ) is amended by adding at the end the following new paragraphs: (6) For purposes of subsection (a)(57) and sections 1903(m)(1)(A) and 1919(c)(2)(E), the requirement of this subsection, in addition to paragraph (1), is that a provider or organization (as the case may be) maintain the following written policies and procedures with respect to all unemancipated minors receiving medical care by or through the provider or organization (or prospective patient or resident, with respect to the provider or organization, who is an unemancipated minor): (A) A do-not-resuscitate order or similar physician’s order shall not be instituted, either orally or in writing, unless at least one parent or legal guardian of such unemancipated minor has first been informed of the physician’s intent to institute such an order and a reasonable attempt has been made to inform the other parent if the other parent is reasonably available and has custodial or visitation rights. Such information must be provided both orally and in writing unless, in reasonable medical judgment, the urgency of the decision requires reliance on only providing the information orally. Oral provision of such information shall include speaking to at least one parent or legal guardian in person or on the telephone, and shall not be limited to recorded voice messages. Provision of such information shall include at least 72 hours of diligent efforts made by the physician or provider to contact and notify at least one parent or legal guardian. The provision of such information shall be contemporaneously recorded in the medical record of the unemancipated minor, specifying by whom and to whom the information was given, the date and time of its provision, and whether it was provided in writing. In the case that only one parent has been informed, the nature of reasonable attempts to inform the other parent or the reason why such attempts were not made shall be contemporaneously recorded in the medical record of the unemancipated minor. (B) Either parent of the unemancipated minor or the unemancipated minor’s guardian may refuse consent for a do-not-resuscitate order or similar physician’s order for the unemancipated minor, either in writing or orally. Any such refusal of consent must be contemporaneously recorded in the medical record of the unemancipated minor. No do-not-resuscitate order or similar physician’s order shall be instituted either orally or in writing if there has been such a refusal of consent. (C) The provider shall not have the authority to require the withholding or withdrawal of life-sustaining procedures from an unemancipated minor over the objection of the parent or legal guardian, unless electronic brain, heart, and respiratory monitoring activity conclusively establishes that the minor has died. There shall be a presumption that the continuation of life is in the minor’s best interest. (D) Within 48 hours of being notified of the intent to institute a do-not-resuscitate order or a similar physician’s order according to subparagraph (A), a parent or legal guardian may request a transfer of the unemancipated minor patient or resident to another facility or discharge. If a transfer is requested by a parent or legal guardian, the hospital or health care facility under whose care the unemancipated minor is admitted must continue provision of artificial life-sustaining procedures and life-sustaining artificial nutrition and hydration for a minimum of 15 days after the transfer request has been made known and make every reasonable effort to assist the requesting parent or legal guardian in the transfer process. The hospital or health care facility’s duties and financial obligations regarding transfer shall be governed by existing state law, applicable rules or regulations, hospital policy, and relevant third-party payment contracts. (E) Upon the request of a patient or resident or a prospective patient or resident, the provider of services or organization shall disclose in writing any policies relating to the patient or resident or the services the patient or resident may receive involving resuscitation or life-sustaining measures, including any policies related to treatments deemed non-beneficial, ineffective, futile or inappropriate, within the provider of services or organization. Nothing in this subparagraph shall require a provider of services or organization to have a written policy relating to or involving resuscitation, life-sustaining or non-beneficial treatment for unemancipated minor patients or adult patients, residents or wards. (7) In applying paragraph (6)(A), a determination based on “reasonable medical judgement” shall not be solely based on disability alone or the view that the life of a person with a disability is of lower value or of lower quality than that of a person without a disability regardless of whether the person’s disability is pre-existing or newly acquired and therefore must not serve as the sole basis for the do-not-resuscitate order or similar physician’s order unless treatment is determined to be physiologically futile and supported with objective evidence that is documented in the patient’s records in writing.. (2) Conforming amendments \n(A) Section 1903(m)(1)(A) of the Social Security Act ( 42 U.S.C. 1396b(m)(1)(A) ) is amended in the matter preceding clause (i), by striking requirement and inserting requirements. (B) Section 1919(c)(2)(E) of the Social Security Act ( 42 U.S.C. 1396r(c)(2)(E) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (3) Effective date \n(A) In general \nExcept as provided in paragraph (2), the amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after the date that is 90 days after the date of the enactment of this Act. (B) Exception if State legislation required \nIn the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.", "id": "HA703D340217C4C76BF5F47AD59942906", "header": "Medicaid State plan requirement", "nested": [], "links": [ { "text": "42 U.S.C. 1396a(w)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396b(m)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" }, { "text": "42 U.S.C. 1396r(c)(2)(E)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r" } ] } ], "links": [ { "text": "42 U.S.C. 1395cc(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" }, { "text": "42 U.S.C. 1395cc(a)(1)(Q)", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" }, { "text": "42 U.S.C. 1395i–3(c)(1)(E)", "legal-doc": "usc", "parsable-cite": "usc/42/1395i-3" }, { "text": "42 U.S.C. 1395l(s)", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" }, { "text": "42 U.S.C. 1395w–22(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-22" }, { "text": "42 U.S.C. 1395mm(c)(8)", "legal-doc": "usc", "parsable-cite": "usc/42/1395mm" }, { "text": "42 U.S.C. 1395bbb(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/1395bbb" }, { "text": "42 U.S.C. 1396a(w)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396b(m)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" }, { "text": "42 U.S.C. 1396r(c)(2)(E)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r" } ] } ]
2
1. Short title This Act may be cited as the Simon Crosier Act. 2. Medicare and Medicaid requirements for certain policies relating to do-not-resuscitate orders or similar physician’s orders (a) Medicare provider agreement requirement (1) In general Section 1866(f) of the Social Security Act ( 42 U.S.C. 1395cc(f) ) is amended by adding at the end the following new paragraphs: (5) For purposes of subsection (a)(1)(Q) and sections 1819(c)(1)(E), 1833(s), 1852(i), 1876(c)(8), and 1891(a)(6), the requirement of this subsection, in addition to paragraph (1), is that a provider of services, MA organization, or prepaid or eligible organization (as the case may be) maintain the following written policies and procedures with respect to all unemancipated minors receiving medical care by or through the provider or organization (or prospective patient or resident, with respect to the provider or organization, who is an unemancipated minor): (A) A do-not-resuscitate order or similar physician’s order shall not be instituted, either orally or in writing, unless at least one parent or legal guardian of such unemancipated minor has first been informed of the physician’s intent to institute such an order and a reasonable attempt has been made to inform the other parent if the other parent is reasonably available and has custodial or visitation rights. Such information must be provided both orally and in writing unless, in reasonable medical judgment, the urgency of the decision requires reliance on only providing the information orally. Oral provision of such information shall include speaking to at least one parent or legal guardian in person or on the telephone, and shall not be limited to recorded voice messages. Provision of such information shall include at least 72 hours of diligent efforts made by the physician or provider to contact and notify at least one parent or legal guardian. The provision of such information shall be contemporaneously recorded in the medical record of the unemancipated minor, specifying by whom and to whom the information was given, the date and time of its provision, and whether it was provided in writing. In the case that only one parent has been informed, the nature of reasonable attempts to inform the other parent or the reason why such attempts were not made shall be contemporaneously recorded in the medical record of the unemancipated minor. (B) Either parent of the unemancipated minor or the unemancipated minor’s guardian may refuse consent for a do-not-resuscitate order or similar physician’s order for the unemancipated minor, either in writing or orally. Any such refusal of consent must be contemporaneously recorded in the medical record of the unemancipated minor. No do-not-resuscitate order or similar physician’s order shall be instituted either orally or in writing if there has been such a refusal of consent. (C) The provider shall not have the authority to require the withholding or withdrawal of life-sustaining procedures from an unemancipated minor over the objection of the parent or legal guardian, unless electronic brain, heart, and respiratory monitoring activity conclusively establishes that the minor has died. There shall be a presumption that the continuation of life is in the minor’s best interest. (D) Within 48 hours of being notified of the intent to institute a do-not-resuscitate order or a similar physician’s order according to subparagraph (A), a parent or legal guardian may request a transfer of the unemancipated minor patient or resident to another facility or discharge. If a transfer is requested by a parent or legal guardian, the hospital or health care facility under whose care the unemancipated minor is admitted must continue provision of artificial life-sustaining procedures and life-sustaining artificial nutrition and hydration for a minimum of 15 days after the transfer request has been made known and make every reasonable effort to assist the requesting parent or legal guardian in the transfer process. The hospital or health care facility’s duties and financial obligations regarding transfer shall be governed by existing state law, applicable rules or regulations, hospital policy, and relevant third-party payment contracts. (E) Upon the request of a patient or resident or a prospective patient or resident, the provider of services or organization shall disclose in writing any policies relating to the patient or resident or the services the patient or resident may receive involving resuscitation or life-sustaining measures, including any policies related to treatments deemed non-beneficial, ineffective, futile or inappropriate, within the provider of services or organization. Nothing in this subparagraph shall require a provider of services or organization to have a written policy relating to or involving resuscitation, life-sustaining or non-beneficial treatment for unemancipated minor patients or adult patients, residents or wards. (6) In applying paragraph (5)(A), a determination based on “reasonable medical judgement” shall not be solely based on disability alone or the view that the life of a person with a disability is of lower value or of lower quality than that of a person without a disability regardless of whether the person’s disability is pre-existing or newly acquired and therefore must not serve as the sole basis for the do-not-resuscitate order or similar physician’s order unless treatment is determined to be physiologically futile and supported with objective evidence that is documented in the patient’s records in writing.. (2) Conforming amendments (A) Section 1866(a)(1)(Q) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1)(Q) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (B) Section 1819(c)(1)(E) of the Social Security Act ( 42 U.S.C. 1395i–3(c)(1)(E) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (C) Section 1833(s) of the Social Security Act ( 42 U.S.C. 1395l(s) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (D) Section 1852(i) of the Social Security Act ( 42 U.S.C. 1395w–22(i) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (E) Section 1876(c)(8) of the Social Security Act ( 42 U.S.C. 1395mm(c)(8) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (F) Section 1891(a)(6) of the Social Security Act ( 42 U.S.C. 1395bbb(a)(6) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (3) Effective date The amendments made by this subsection shall apply with respect to items and services furnished on or after the date that is 90 days after the date of the enactment of this Act. (b) Medicaid State plan requirement (1) In general Section 1902(w) of the Social Security Act ( 42 U.S.C. 1396a(w) ) is amended by adding at the end the following new paragraphs: (6) For purposes of subsection (a)(57) and sections 1903(m)(1)(A) and 1919(c)(2)(E), the requirement of this subsection, in addition to paragraph (1), is that a provider or organization (as the case may be) maintain the following written policies and procedures with respect to all unemancipated minors receiving medical care by or through the provider or organization (or prospective patient or resident, with respect to the provider or organization, who is an unemancipated minor): (A) A do-not-resuscitate order or similar physician’s order shall not be instituted, either orally or in writing, unless at least one parent or legal guardian of such unemancipated minor has first been informed of the physician’s intent to institute such an order and a reasonable attempt has been made to inform the other parent if the other parent is reasonably available and has custodial or visitation rights. Such information must be provided both orally and in writing unless, in reasonable medical judgment, the urgency of the decision requires reliance on only providing the information orally. Oral provision of such information shall include speaking to at least one parent or legal guardian in person or on the telephone, and shall not be limited to recorded voice messages. Provision of such information shall include at least 72 hours of diligent efforts made by the physician or provider to contact and notify at least one parent or legal guardian. The provision of such information shall be contemporaneously recorded in the medical record of the unemancipated minor, specifying by whom and to whom the information was given, the date and time of its provision, and whether it was provided in writing. In the case that only one parent has been informed, the nature of reasonable attempts to inform the other parent or the reason why such attempts were not made shall be contemporaneously recorded in the medical record of the unemancipated minor. (B) Either parent of the unemancipated minor or the unemancipated minor’s guardian may refuse consent for a do-not-resuscitate order or similar physician’s order for the unemancipated minor, either in writing or orally. Any such refusal of consent must be contemporaneously recorded in the medical record of the unemancipated minor. No do-not-resuscitate order or similar physician’s order shall be instituted either orally or in writing if there has been such a refusal of consent. (C) The provider shall not have the authority to require the withholding or withdrawal of life-sustaining procedures from an unemancipated minor over the objection of the parent or legal guardian, unless electronic brain, heart, and respiratory monitoring activity conclusively establishes that the minor has died. There shall be a presumption that the continuation of life is in the minor’s best interest. (D) Within 48 hours of being notified of the intent to institute a do-not-resuscitate order or a similar physician’s order according to subparagraph (A), a parent or legal guardian may request a transfer of the unemancipated minor patient or resident to another facility or discharge. If a transfer is requested by a parent or legal guardian, the hospital or health care facility under whose care the unemancipated minor is admitted must continue provision of artificial life-sustaining procedures and life-sustaining artificial nutrition and hydration for a minimum of 15 days after the transfer request has been made known and make every reasonable effort to assist the requesting parent or legal guardian in the transfer process. The hospital or health care facility’s duties and financial obligations regarding transfer shall be governed by existing state law, applicable rules or regulations, hospital policy, and relevant third-party payment contracts. (E) Upon the request of a patient or resident or a prospective patient or resident, the provider of services or organization shall disclose in writing any policies relating to the patient or resident or the services the patient or resident may receive involving resuscitation or life-sustaining measures, including any policies related to treatments deemed non-beneficial, ineffective, futile or inappropriate, within the provider of services or organization. Nothing in this subparagraph shall require a provider of services or organization to have a written policy relating to or involving resuscitation, life-sustaining or non-beneficial treatment for unemancipated minor patients or adult patients, residents or wards. (7) In applying paragraph (6)(A), a determination based on “reasonable medical judgement” shall not be solely based on disability alone or the view that the life of a person with a disability is of lower value or of lower quality than that of a person without a disability regardless of whether the person’s disability is pre-existing or newly acquired and therefore must not serve as the sole basis for the do-not-resuscitate order or similar physician’s order unless treatment is determined to be physiologically futile and supported with objective evidence that is documented in the patient’s records in writing.. (2) Conforming amendments (A) Section 1903(m)(1)(A) of the Social Security Act ( 42 U.S.C. 1396b(m)(1)(A) ) is amended in the matter preceding clause (i), by striking requirement and inserting requirements. (B) Section 1919(c)(2)(E) of the Social Security Act ( 42 U.S.C. 1396r(c)(2)(E) ) is amended— (i) by striking requirement and inserting requirements ; and (ii) by inserting and certain do-not-resuscitate orders or similar physician’s orders after advance directives. (3) Effective date (A) In general Except as provided in paragraph (2), the amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after the date that is 90 days after the date of the enactment of this Act. (B) Exception if State legislation required In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.
14,412
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr312ih
118
hr
312
ih
To amend the Internal Revenue Code of 1986 to provide emergency savings accounts for individuals.
[ { "text": "1. Short title \nThis Act may be cited as the Emergency Savings Accounts Act of 2023.", "id": "HC1A930EEA2894FF48A5D52F7FFB233CE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Deduction for contributions to emergency savings accounts \n(a) In general \nPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Emergency savings accounts \n(a) Deduction allowed \nIn the case of a eligible individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid during such taxable year by or on behalf of such individual to an emergency savings account of such individual. (b) Limitation \n(1) In general \nThe amount allowed as a deduction under subsection (a) to an individual for the taxable year shall not exceed $5,000. (2) Partial year of eligibility \nIn the case of an individual who is an eligible individual for only a portion of the taxable year, the limitation under paragraph (1) shall be same proportion of $5,000 as such portion bears to the entire taxable year. (c) Eligible individual \nFor purposes of this section, the term eligible individual means any individual if such individual occupied any residence in the United States at any time during the taxable year. (d) Emergency savings account \nFor purposes of this section— (1) In general \nThe term emergency savings account means a trust created or organized in the United States as an emergency savings account exclusively for the purpose of paying the qualified disaster and public health emergency expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: (A) Except in the case of a rollover contribution described in subsection (f)(5), no contribution will be accepted— (i) unless it is in cash, or (ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar limitation in effect under subsection (b). (B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified disaster and public health emergency expenses \nThe term qualified disaster and public health emergency expenses means— (A) disaster mitigation expenses, (B) disaster recovery expenses, (C) public health emergency expenses, and (D) unemployment related expenses. (3) Disaster mitigation expenses \nThe term disaster mitigation expenses means expenses for any of the following with respect to the residence referred to in subsection (c): (A) Tornado safe rooms manufactured or constructed in accordance with FEMA 320 or FEMA 361 guidance or tornado shelters manufactured or constructed in accordance with the National Storm Shelter/International Code Council 500 standard. (B) Opening protection, including impact and wind resistant windows, exterior doors, and garage doors. (C) Reinforcement of roof-to-wall and floor-to-wall connections for wind or seismic activity. (D) Roof covering for impact, fire, or high wind resistance. (E) Cripple and shear walls to resist seismic activity. (F) Flood resistant building materials. (G) Elevating structures and utilities above base flood elevation. (H) Fire resistant exterior wall assemblies/systems. (I) Lightning protection systems. (J) Whole home standby generators. (K) Any activity specified by the Secretary as appropriate to mitigate the risks of future hazards (including earthquake, flood, hail, hurricane, sinkhole, lightning, power outage, tornado, and wildfire) and other natural disasters. (4) Disaster recovery expenses \nThe term disaster recovery expenses means with respect to the residence referred to in subsection (c) any expense incurred to replace or repair disaster-related uninsured personal casualty personal losses totaling $1,000 or greater. (5) Disaster-related uninsured personal casualty loss \nThe term disaster-related uninsured personal casualty loss means a personal casualty loss (as defined in section 165(h)(3)(B), determined without regard to the second sentence thereof) attributable to a State or federally declared disaster for which a deduction is allowable under section 165 (without regard to subsection (h)(1)). (6) Federally declared disaster \nThe term federally declared disaster has the meaning given such term by section 165(i)(5). (7) Public health emergency expenses \nThe term public health emergency expenses means expenses for any of the following with respect to an individual referred to in subsection (c) if paid or incurred while a public health emergency declaration is in effect and while such individual is unemployed or has their employment status reduced from full-time status: (A) Child care expenses. (B) Out-of-pocket health care costs, including insurance premiums. (C) Housing expenses including mortgage, rent, or property taxes. (D) Utilities. (8) Public health emergency declaration \nThe term public health emergency declaration means any declaration of a public health emergency by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). (9) Unemployment related expenses \nThe term unemployment related expenses means, in the case of an account beneficiary with any period of unemployment during the taxable year, any expenses during such taxable year which, in the aggregate, do not exceed $500. (10) Account beneficiary \nThe term account beneficiary means the individual on whose behalf the emergency savings account was established. (e) Treatment of account \n(1) In general \nAn emergency savings account is exempt from taxation under this subtitle unless such account has ceased to be an emergency savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Account terminations \nRules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to emergency savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified disaster and public health emergency expenses. (f) Tax treatment of distributions \n(1) Amounts used for qualified disaster and public health emergency expenses \nAny amount paid or distributed out of an emergency savings account which is used exclusively to pay qualified disaster and public health emergency expenses of any account beneficiary shall not be includible in gross income. (2) Inclusion of amounts not used for qualified disaster and public health emergency expenses \nAny amount paid or distributed out of an emergency savings account which is not used exclusively to pay the qualified disaster and public health emergency expenses of the account beneficiary shall be included in the gross income of such beneficiary. (3) Excess contributions returned before due date of return \n(A) In general \nIf any excess contribution is contributed for a taxable year to any emergency savings account of an individual, paragraph (2) shall not apply to distributions from the emergency savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution \nFor purposes of subparagraph (A), the term excess contribution means any contribution (other than a rollover contribution described in paragraph (5)) which is not deductible under this section. (4) Additional tax on distributions not used for qualified disaster and public health emergency expenses \n(A) In general \nThe tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from an emergency savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. (B) Exception for disability or death \nSubparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. (5) Rollover contribution \nAn amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general \nParagraph (2) shall not apply to any amount paid or distributed from an emergency savings account to the account beneficiary to the extent the amount received is paid into an emergency savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation \nThis paragraph shall not apply to any amount described in subparagraph (A) received by an individual from an emergency savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from an emergency savings account which was not includible in the individual's gross income because of the application of this paragraph. (g) Cost-of-Living adjustment \n(1) In general \nIn the case of any taxable year beginning in a calendar year after 2023, each $5,000 amount in subsection (b) and the $3,000 amount in subsection (d)(4) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding \nIf any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. (h) Special rules \n(1) Denial of deduction to dependents \nNo deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (2) Taxable year must be full taxable year \nExcept in the case of a taxable year closed by reason of the death of the taxpayer, no deduction shall be allowed under this section in the case of a taxable year covering a period of less than 12 months. (3) Certain rules to apply \nRules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Section 219(f)(5) (relating to employer payments). (D) Section 408(g) (relating to community property laws). (E) Section 408(h) (relating to custodial accounts). (F) Section 223(f)(7) (relating to transfer of account incident to divorce). (G) Section 223(f)(8) (relating to treatment after death of account beneficiary). (4) Coordination with casualty loss deduction \nNo deduction shall be allowed under section 165 for a loss for which a disaster recovery expense payment is made from an emergency savings account. (i) Reports \nThe Secretary may require the trustee of an emergency savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate.. (b) Deduction allowed whether or not individual itemizes other deductions \nSection 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) Emergency savings accounts \nThe deduction allowed by section 224.. (c) Tax on excess contributions \nSection 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended— (1) by striking or at the end of subsection (a)(5), by inserting or at the end of subsection (a)(6), and by inserting after subsection (a)(6) the following new paragraph: (7) an emergency savings account (within the meaning of section 224(d)), ; and (2) by adding at the end the following new subsection: (i) Excess contributions to emergency savings accounts \nFor purposes of this section, in the case of emergency savings accounts (within the meaning of section 224(d)), the term excess contributions means the sum of— (1) the aggregate amount contributed for the taxable year to the accounts (other than a rollover contribution described in section 224(f)(5)) which is not allowable as a deduction under section 224 for such year, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts which were included in gross income under section 224(f)(2), and (B) the excess (if any) of— (i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over (ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the emergency savings account in a distribution to which section 224(f)(3) applies shall be treated as an amount not contributed.. (d) Failure To provide reports on emergency savings accounts \nSection 6693(a)(2) of such Code is amended by redesignating subparagraphs (D), (E), and (F) as subparagraphs (E), (F), and (G), respectively, and by inserting after subparagraph (C) the following new subparagraph: (D) section 224(i) (relating to emergency savings accounts),. (e) Clerical amendment \nThe table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following: Sec. 224. Emergency savings accounts. Sec. 225. Cross reference.. (f) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "H501B6E5D19404D60B98434794E4A9F22", "header": "Deduction for contributions to emergency savings accounts", "nested": [ { "text": "(a) In general \nPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Emergency savings accounts \n(a) Deduction allowed \nIn the case of a eligible individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid during such taxable year by or on behalf of such individual to an emergency savings account of such individual. (b) Limitation \n(1) In general \nThe amount allowed as a deduction under subsection (a) to an individual for the taxable year shall not exceed $5,000. (2) Partial year of eligibility \nIn the case of an individual who is an eligible individual for only a portion of the taxable year, the limitation under paragraph (1) shall be same proportion of $5,000 as such portion bears to the entire taxable year. (c) Eligible individual \nFor purposes of this section, the term eligible individual means any individual if such individual occupied any residence in the United States at any time during the taxable year. (d) Emergency savings account \nFor purposes of this section— (1) In general \nThe term emergency savings account means a trust created or organized in the United States as an emergency savings account exclusively for the purpose of paying the qualified disaster and public health emergency expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: (A) Except in the case of a rollover contribution described in subsection (f)(5), no contribution will be accepted— (i) unless it is in cash, or (ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar limitation in effect under subsection (b). (B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified disaster and public health emergency expenses \nThe term qualified disaster and public health emergency expenses means— (A) disaster mitigation expenses, (B) disaster recovery expenses, (C) public health emergency expenses, and (D) unemployment related expenses. (3) Disaster mitigation expenses \nThe term disaster mitigation expenses means expenses for any of the following with respect to the residence referred to in subsection (c): (A) Tornado safe rooms manufactured or constructed in accordance with FEMA 320 or FEMA 361 guidance or tornado shelters manufactured or constructed in accordance with the National Storm Shelter/International Code Council 500 standard. (B) Opening protection, including impact and wind resistant windows, exterior doors, and garage doors. (C) Reinforcement of roof-to-wall and floor-to-wall connections for wind or seismic activity. (D) Roof covering for impact, fire, or high wind resistance. (E) Cripple and shear walls to resist seismic activity. (F) Flood resistant building materials. (G) Elevating structures and utilities above base flood elevation. (H) Fire resistant exterior wall assemblies/systems. (I) Lightning protection systems. (J) Whole home standby generators. (K) Any activity specified by the Secretary as appropriate to mitigate the risks of future hazards (including earthquake, flood, hail, hurricane, sinkhole, lightning, power outage, tornado, and wildfire) and other natural disasters. (4) Disaster recovery expenses \nThe term disaster recovery expenses means with respect to the residence referred to in subsection (c) any expense incurred to replace or repair disaster-related uninsured personal casualty personal losses totaling $1,000 or greater. (5) Disaster-related uninsured personal casualty loss \nThe term disaster-related uninsured personal casualty loss means a personal casualty loss (as defined in section 165(h)(3)(B), determined without regard to the second sentence thereof) attributable to a State or federally declared disaster for which a deduction is allowable under section 165 (without regard to subsection (h)(1)). (6) Federally declared disaster \nThe term federally declared disaster has the meaning given such term by section 165(i)(5). (7) Public health emergency expenses \nThe term public health emergency expenses means expenses for any of the following with respect to an individual referred to in subsection (c) if paid or incurred while a public health emergency declaration is in effect and while such individual is unemployed or has their employment status reduced from full-time status: (A) Child care expenses. (B) Out-of-pocket health care costs, including insurance premiums. (C) Housing expenses including mortgage, rent, or property taxes. (D) Utilities. (8) Public health emergency declaration \nThe term public health emergency declaration means any declaration of a public health emergency by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). (9) Unemployment related expenses \nThe term unemployment related expenses means, in the case of an account beneficiary with any period of unemployment during the taxable year, any expenses during such taxable year which, in the aggregate, do not exceed $500. (10) Account beneficiary \nThe term account beneficiary means the individual on whose behalf the emergency savings account was established. (e) Treatment of account \n(1) In general \nAn emergency savings account is exempt from taxation under this subtitle unless such account has ceased to be an emergency savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Account terminations \nRules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to emergency savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified disaster and public health emergency expenses. (f) Tax treatment of distributions \n(1) Amounts used for qualified disaster and public health emergency expenses \nAny amount paid or distributed out of an emergency savings account which is used exclusively to pay qualified disaster and public health emergency expenses of any account beneficiary shall not be includible in gross income. (2) Inclusion of amounts not used for qualified disaster and public health emergency expenses \nAny amount paid or distributed out of an emergency savings account which is not used exclusively to pay the qualified disaster and public health emergency expenses of the account beneficiary shall be included in the gross income of such beneficiary. (3) Excess contributions returned before due date of return \n(A) In general \nIf any excess contribution is contributed for a taxable year to any emergency savings account of an individual, paragraph (2) shall not apply to distributions from the emergency savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution \nFor purposes of subparagraph (A), the term excess contribution means any contribution (other than a rollover contribution described in paragraph (5)) which is not deductible under this section. (4) Additional tax on distributions not used for qualified disaster and public health emergency expenses \n(A) In general \nThe tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from an emergency savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. (B) Exception for disability or death \nSubparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. (5) Rollover contribution \nAn amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general \nParagraph (2) shall not apply to any amount paid or distributed from an emergency savings account to the account beneficiary to the extent the amount received is paid into an emergency savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation \nThis paragraph shall not apply to any amount described in subparagraph (A) received by an individual from an emergency savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from an emergency savings account which was not includible in the individual's gross income because of the application of this paragraph. (g) Cost-of-Living adjustment \n(1) In general \nIn the case of any taxable year beginning in a calendar year after 2023, each $5,000 amount in subsection (b) and the $3,000 amount in subsection (d)(4) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding \nIf any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. (h) Special rules \n(1) Denial of deduction to dependents \nNo deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (2) Taxable year must be full taxable year \nExcept in the case of a taxable year closed by reason of the death of the taxpayer, no deduction shall be allowed under this section in the case of a taxable year covering a period of less than 12 months. (3) Certain rules to apply \nRules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Section 219(f)(5) (relating to employer payments). (D) Section 408(g) (relating to community property laws). (E) Section 408(h) (relating to custodial accounts). (F) Section 223(f)(7) (relating to transfer of account incident to divorce). (G) Section 223(f)(8) (relating to treatment after death of account beneficiary). (4) Coordination with casualty loss deduction \nNo deduction shall be allowed under section 165 for a loss for which a disaster recovery expense payment is made from an emergency savings account. (i) Reports \nThe Secretary may require the trustee of an emergency savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate..", "id": "HDC913CE525234BFAA7B1F6C2CAF094E5", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" } ] }, { "text": "(b) Deduction allowed whether or not individual itemizes other deductions \nSection 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) Emergency savings accounts \nThe deduction allowed by section 224..", "id": "H1F6D48EEDA184D9687902F3E7BD78667", "header": "Deduction allowed whether or not individual itemizes other deductions", "nested": [], "links": [] }, { "text": "(c) Tax on excess contributions \nSection 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended— (1) by striking or at the end of subsection (a)(5), by inserting or at the end of subsection (a)(6), and by inserting after subsection (a)(6) the following new paragraph: (7) an emergency savings account (within the meaning of section 224(d)), ; and (2) by adding at the end the following new subsection: (i) Excess contributions to emergency savings accounts \nFor purposes of this section, in the case of emergency savings accounts (within the meaning of section 224(d)), the term excess contributions means the sum of— (1) the aggregate amount contributed for the taxable year to the accounts (other than a rollover contribution described in section 224(f)(5)) which is not allowable as a deduction under section 224 for such year, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts which were included in gross income under section 224(f)(2), and (B) the excess (if any) of— (i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over (ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the emergency savings account in a distribution to which section 224(f)(3) applies shall be treated as an amount not contributed..", "id": "HDA52C027B0AB46AABB1F1348934B41BC", "header": "Tax on excess contributions", "nested": [], "links": [] }, { "text": "(d) Failure To provide reports on emergency savings accounts \nSection 6693(a)(2) of such Code is amended by redesignating subparagraphs (D), (E), and (F) as subparagraphs (E), (F), and (G), respectively, and by inserting after subparagraph (C) the following new subparagraph: (D) section 224(i) (relating to emergency savings accounts),.", "id": "H30F041192F744595A213ED1E03A0CAF5", "header": "Failure To provide reports on emergency savings accounts", "nested": [], "links": [] }, { "text": "(e) Clerical amendment \nThe table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following: Sec. 224. Emergency savings accounts. Sec. 225. Cross reference..", "id": "H48FFFE73EB9B43DA9CF00C33A21AA6CC", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(f) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "H3A29E0229DB141BD9D41BFD7B3B1AE6E", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" } ] }, { "text": "224. Emergency savings accounts \n(a) Deduction allowed \nIn the case of a eligible individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid during such taxable year by or on behalf of such individual to an emergency savings account of such individual. (b) Limitation \n(1) In general \nThe amount allowed as a deduction under subsection (a) to an individual for the taxable year shall not exceed $5,000. (2) Partial year of eligibility \nIn the case of an individual who is an eligible individual for only a portion of the taxable year, the limitation under paragraph (1) shall be same proportion of $5,000 as such portion bears to the entire taxable year. (c) Eligible individual \nFor purposes of this section, the term eligible individual means any individual if such individual occupied any residence in the United States at any time during the taxable year. (d) Emergency savings account \nFor purposes of this section— (1) In general \nThe term emergency savings account means a trust created or organized in the United States as an emergency savings account exclusively for the purpose of paying the qualified disaster and public health emergency expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: (A) Except in the case of a rollover contribution described in subsection (f)(5), no contribution will be accepted— (i) unless it is in cash, or (ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar limitation in effect under subsection (b). (B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified disaster and public health emergency expenses \nThe term qualified disaster and public health emergency expenses means— (A) disaster mitigation expenses, (B) disaster recovery expenses, (C) public health emergency expenses, and (D) unemployment related expenses. (3) Disaster mitigation expenses \nThe term disaster mitigation expenses means expenses for any of the following with respect to the residence referred to in subsection (c): (A) Tornado safe rooms manufactured or constructed in accordance with FEMA 320 or FEMA 361 guidance or tornado shelters manufactured or constructed in accordance with the National Storm Shelter/International Code Council 500 standard. (B) Opening protection, including impact and wind resistant windows, exterior doors, and garage doors. (C) Reinforcement of roof-to-wall and floor-to-wall connections for wind or seismic activity. (D) Roof covering for impact, fire, or high wind resistance. (E) Cripple and shear walls to resist seismic activity. (F) Flood resistant building materials. (G) Elevating structures and utilities above base flood elevation. (H) Fire resistant exterior wall assemblies/systems. (I) Lightning protection systems. (J) Whole home standby generators. (K) Any activity specified by the Secretary as appropriate to mitigate the risks of future hazards (including earthquake, flood, hail, hurricane, sinkhole, lightning, power outage, tornado, and wildfire) and other natural disasters. (4) Disaster recovery expenses \nThe term disaster recovery expenses means with respect to the residence referred to in subsection (c) any expense incurred to replace or repair disaster-related uninsured personal casualty personal losses totaling $1,000 or greater. (5) Disaster-related uninsured personal casualty loss \nThe term disaster-related uninsured personal casualty loss means a personal casualty loss (as defined in section 165(h)(3)(B), determined without regard to the second sentence thereof) attributable to a State or federally declared disaster for which a deduction is allowable under section 165 (without regard to subsection (h)(1)). (6) Federally declared disaster \nThe term federally declared disaster has the meaning given such term by section 165(i)(5). (7) Public health emergency expenses \nThe term public health emergency expenses means expenses for any of the following with respect to an individual referred to in subsection (c) if paid or incurred while a public health emergency declaration is in effect and while such individual is unemployed or has their employment status reduced from full-time status: (A) Child care expenses. (B) Out-of-pocket health care costs, including insurance premiums. (C) Housing expenses including mortgage, rent, or property taxes. (D) Utilities. (8) Public health emergency declaration \nThe term public health emergency declaration means any declaration of a public health emergency by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). (9) Unemployment related expenses \nThe term unemployment related expenses means, in the case of an account beneficiary with any period of unemployment during the taxable year, any expenses during such taxable year which, in the aggregate, do not exceed $500. (10) Account beneficiary \nThe term account beneficiary means the individual on whose behalf the emergency savings account was established. (e) Treatment of account \n(1) In general \nAn emergency savings account is exempt from taxation under this subtitle unless such account has ceased to be an emergency savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Account terminations \nRules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to emergency savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified disaster and public health emergency expenses. (f) Tax treatment of distributions \n(1) Amounts used for qualified disaster and public health emergency expenses \nAny amount paid or distributed out of an emergency savings account which is used exclusively to pay qualified disaster and public health emergency expenses of any account beneficiary shall not be includible in gross income. (2) Inclusion of amounts not used for qualified disaster and public health emergency expenses \nAny amount paid or distributed out of an emergency savings account which is not used exclusively to pay the qualified disaster and public health emergency expenses of the account beneficiary shall be included in the gross income of such beneficiary. (3) Excess contributions returned before due date of return \n(A) In general \nIf any excess contribution is contributed for a taxable year to any emergency savings account of an individual, paragraph (2) shall not apply to distributions from the emergency savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution \nFor purposes of subparagraph (A), the term excess contribution means any contribution (other than a rollover contribution described in paragraph (5)) which is not deductible under this section. (4) Additional tax on distributions not used for qualified disaster and public health emergency expenses \n(A) In general \nThe tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from an emergency savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. (B) Exception for disability or death \nSubparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. (5) Rollover contribution \nAn amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general \nParagraph (2) shall not apply to any amount paid or distributed from an emergency savings account to the account beneficiary to the extent the amount received is paid into an emergency savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation \nThis paragraph shall not apply to any amount described in subparagraph (A) received by an individual from an emergency savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from an emergency savings account which was not includible in the individual's gross income because of the application of this paragraph. (g) Cost-of-Living adjustment \n(1) In general \nIn the case of any taxable year beginning in a calendar year after 2023, each $5,000 amount in subsection (b) and the $3,000 amount in subsection (d)(4) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding \nIf any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. (h) Special rules \n(1) Denial of deduction to dependents \nNo deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (2) Taxable year must be full taxable year \nExcept in the case of a taxable year closed by reason of the death of the taxpayer, no deduction shall be allowed under this section in the case of a taxable year covering a period of less than 12 months. (3) Certain rules to apply \nRules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Section 219(f)(5) (relating to employer payments). (D) Section 408(g) (relating to community property laws). (E) Section 408(h) (relating to custodial accounts). (F) Section 223(f)(7) (relating to transfer of account incident to divorce). (G) Section 223(f)(8) (relating to treatment after death of account beneficiary). (4) Coordination with casualty loss deduction \nNo deduction shall be allowed under section 165 for a loss for which a disaster recovery expense payment is made from an emergency savings account. (i) Reports \nThe Secretary may require the trustee of an emergency savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate.", "id": "HEAC3C4072DE740138C37FED6AE47677A", "header": "Emergency savings accounts", "nested": [ { "text": "(a) Deduction allowed \nIn the case of a eligible individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid during such taxable year by or on behalf of such individual to an emergency savings account of such individual.", "id": "H21732A308C4B435FB274BBB778C56C25", "header": "Deduction allowed", "nested": [], "links": [] }, { "text": "(b) Limitation \n(1) In general \nThe amount allowed as a deduction under subsection (a) to an individual for the taxable year shall not exceed $5,000. (2) Partial year of eligibility \nIn the case of an individual who is an eligible individual for only a portion of the taxable year, the limitation under paragraph (1) shall be same proportion of $5,000 as such portion bears to the entire taxable year.", "id": "H2FA6D4CF050844858C1A916219F73057", "header": "Limitation", "nested": [], "links": [] }, { "text": "(c) Eligible individual \nFor purposes of this section, the term eligible individual means any individual if such individual occupied any residence in the United States at any time during the taxable year.", "id": "H4790B8CFEE4744FC86214746CC597F2A", "header": "Eligible individual", "nested": [], "links": [] }, { "text": "(d) Emergency savings account \nFor purposes of this section— (1) In general \nThe term emergency savings account means a trust created or organized in the United States as an emergency savings account exclusively for the purpose of paying the qualified disaster and public health emergency expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: (A) Except in the case of a rollover contribution described in subsection (f)(5), no contribution will be accepted— (i) unless it is in cash, or (ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar limitation in effect under subsection (b). (B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified disaster and public health emergency expenses \nThe term qualified disaster and public health emergency expenses means— (A) disaster mitigation expenses, (B) disaster recovery expenses, (C) public health emergency expenses, and (D) unemployment related expenses. (3) Disaster mitigation expenses \nThe term disaster mitigation expenses means expenses for any of the following with respect to the residence referred to in subsection (c): (A) Tornado safe rooms manufactured or constructed in accordance with FEMA 320 or FEMA 361 guidance or tornado shelters manufactured or constructed in accordance with the National Storm Shelter/International Code Council 500 standard. (B) Opening protection, including impact and wind resistant windows, exterior doors, and garage doors. (C) Reinforcement of roof-to-wall and floor-to-wall connections for wind or seismic activity. (D) Roof covering for impact, fire, or high wind resistance. (E) Cripple and shear walls to resist seismic activity. (F) Flood resistant building materials. (G) Elevating structures and utilities above base flood elevation. (H) Fire resistant exterior wall assemblies/systems. (I) Lightning protection systems. (J) Whole home standby generators. (K) Any activity specified by the Secretary as appropriate to mitigate the risks of future hazards (including earthquake, flood, hail, hurricane, sinkhole, lightning, power outage, tornado, and wildfire) and other natural disasters. (4) Disaster recovery expenses \nThe term disaster recovery expenses means with respect to the residence referred to in subsection (c) any expense incurred to replace or repair disaster-related uninsured personal casualty personal losses totaling $1,000 or greater. (5) Disaster-related uninsured personal casualty loss \nThe term disaster-related uninsured personal casualty loss means a personal casualty loss (as defined in section 165(h)(3)(B), determined without regard to the second sentence thereof) attributable to a State or federally declared disaster for which a deduction is allowable under section 165 (without regard to subsection (h)(1)). (6) Federally declared disaster \nThe term federally declared disaster has the meaning given such term by section 165(i)(5). (7) Public health emergency expenses \nThe term public health emergency expenses means expenses for any of the following with respect to an individual referred to in subsection (c) if paid or incurred while a public health emergency declaration is in effect and while such individual is unemployed or has their employment status reduced from full-time status: (A) Child care expenses. (B) Out-of-pocket health care costs, including insurance premiums. (C) Housing expenses including mortgage, rent, or property taxes. (D) Utilities. (8) Public health emergency declaration \nThe term public health emergency declaration means any declaration of a public health emergency by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). (9) Unemployment related expenses \nThe term unemployment related expenses means, in the case of an account beneficiary with any period of unemployment during the taxable year, any expenses during such taxable year which, in the aggregate, do not exceed $500. (10) Account beneficiary \nThe term account beneficiary means the individual on whose behalf the emergency savings account was established.", "id": "H0711804432484C2186CDF8C7904DD777", "header": "Emergency savings account", "nested": [], "links": [ { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" } ] }, { "text": "(e) Treatment of account \n(1) In general \nAn emergency savings account is exempt from taxation under this subtitle unless such account has ceased to be an emergency savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Account terminations \nRules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to emergency savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified disaster and public health emergency expenses.", "id": "H95792640C47540B6B11AE88EBF56A4A2", "header": "Treatment of account", "nested": [], "links": [] }, { "text": "(f) Tax treatment of distributions \n(1) Amounts used for qualified disaster and public health emergency expenses \nAny amount paid or distributed out of an emergency savings account which is used exclusively to pay qualified disaster and public health emergency expenses of any account beneficiary shall not be includible in gross income. (2) Inclusion of amounts not used for qualified disaster and public health emergency expenses \nAny amount paid or distributed out of an emergency savings account which is not used exclusively to pay the qualified disaster and public health emergency expenses of the account beneficiary shall be included in the gross income of such beneficiary. (3) Excess contributions returned before due date of return \n(A) In general \nIf any excess contribution is contributed for a taxable year to any emergency savings account of an individual, paragraph (2) shall not apply to distributions from the emergency savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution \nFor purposes of subparagraph (A), the term excess contribution means any contribution (other than a rollover contribution described in paragraph (5)) which is not deductible under this section. (4) Additional tax on distributions not used for qualified disaster and public health emergency expenses \n(A) In general \nThe tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from an emergency savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. (B) Exception for disability or death \nSubparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. (5) Rollover contribution \nAn amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general \nParagraph (2) shall not apply to any amount paid or distributed from an emergency savings account to the account beneficiary to the extent the amount received is paid into an emergency savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation \nThis paragraph shall not apply to any amount described in subparagraph (A) received by an individual from an emergency savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from an emergency savings account which was not includible in the individual's gross income because of the application of this paragraph.", "id": "HABECBA9BAF7344F79AD6059CDD199B02", "header": "Tax treatment of distributions", "nested": [], "links": [] }, { "text": "(g) Cost-of-Living adjustment \n(1) In general \nIn the case of any taxable year beginning in a calendar year after 2023, each $5,000 amount in subsection (b) and the $3,000 amount in subsection (d)(4) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding \nIf any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.", "id": "HF7A574939088441DB71ED75722F7EFC4", "header": "Cost-of-Living adjustment", "nested": [], "links": [] }, { "text": "(h) Special rules \n(1) Denial of deduction to dependents \nNo deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (2) Taxable year must be full taxable year \nExcept in the case of a taxable year closed by reason of the death of the taxpayer, no deduction shall be allowed under this section in the case of a taxable year covering a period of less than 12 months. (3) Certain rules to apply \nRules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Section 219(f)(5) (relating to employer payments). (D) Section 408(g) (relating to community property laws). (E) Section 408(h) (relating to custodial accounts). (F) Section 223(f)(7) (relating to transfer of account incident to divorce). (G) Section 223(f)(8) (relating to treatment after death of account beneficiary). (4) Coordination with casualty loss deduction \nNo deduction shall be allowed under section 165 for a loss for which a disaster recovery expense payment is made from an emergency savings account.", "id": "HC06ABB1B8FB8402F9919646F2B47B4DA", "header": "Special rules", "nested": [], "links": [] }, { "text": "(i) Reports \nThe Secretary may require the trustee of an emergency savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate.", "id": "H0C3D1019D8E048BAA44443BD86E8BBE2", "header": "Reports", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" } ] } ]
3
1. Short title This Act may be cited as the Emergency Savings Accounts Act of 2023. 2. Deduction for contributions to emergency savings accounts (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Emergency savings accounts (a) Deduction allowed In the case of a eligible individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid during such taxable year by or on behalf of such individual to an emergency savings account of such individual. (b) Limitation (1) In general The amount allowed as a deduction under subsection (a) to an individual for the taxable year shall not exceed $5,000. (2) Partial year of eligibility In the case of an individual who is an eligible individual for only a portion of the taxable year, the limitation under paragraph (1) shall be same proportion of $5,000 as such portion bears to the entire taxable year. (c) Eligible individual For purposes of this section, the term eligible individual means any individual if such individual occupied any residence in the United States at any time during the taxable year. (d) Emergency savings account For purposes of this section— (1) In general The term emergency savings account means a trust created or organized in the United States as an emergency savings account exclusively for the purpose of paying the qualified disaster and public health emergency expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: (A) Except in the case of a rollover contribution described in subsection (f)(5), no contribution will be accepted— (i) unless it is in cash, or (ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar limitation in effect under subsection (b). (B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified disaster and public health emergency expenses The term qualified disaster and public health emergency expenses means— (A) disaster mitigation expenses, (B) disaster recovery expenses, (C) public health emergency expenses, and (D) unemployment related expenses. (3) Disaster mitigation expenses The term disaster mitigation expenses means expenses for any of the following with respect to the residence referred to in subsection (c): (A) Tornado safe rooms manufactured or constructed in accordance with FEMA 320 or FEMA 361 guidance or tornado shelters manufactured or constructed in accordance with the National Storm Shelter/International Code Council 500 standard. (B) Opening protection, including impact and wind resistant windows, exterior doors, and garage doors. (C) Reinforcement of roof-to-wall and floor-to-wall connections for wind or seismic activity. (D) Roof covering for impact, fire, or high wind resistance. (E) Cripple and shear walls to resist seismic activity. (F) Flood resistant building materials. (G) Elevating structures and utilities above base flood elevation. (H) Fire resistant exterior wall assemblies/systems. (I) Lightning protection systems. (J) Whole home standby generators. (K) Any activity specified by the Secretary as appropriate to mitigate the risks of future hazards (including earthquake, flood, hail, hurricane, sinkhole, lightning, power outage, tornado, and wildfire) and other natural disasters. (4) Disaster recovery expenses The term disaster recovery expenses means with respect to the residence referred to in subsection (c) any expense incurred to replace or repair disaster-related uninsured personal casualty personal losses totaling $1,000 or greater. (5) Disaster-related uninsured personal casualty loss The term disaster-related uninsured personal casualty loss means a personal casualty loss (as defined in section 165(h)(3)(B), determined without regard to the second sentence thereof) attributable to a State or federally declared disaster for which a deduction is allowable under section 165 (without regard to subsection (h)(1)). (6) Federally declared disaster The term federally declared disaster has the meaning given such term by section 165(i)(5). (7) Public health emergency expenses The term public health emergency expenses means expenses for any of the following with respect to an individual referred to in subsection (c) if paid or incurred while a public health emergency declaration is in effect and while such individual is unemployed or has their employment status reduced from full-time status: (A) Child care expenses. (B) Out-of-pocket health care costs, including insurance premiums. (C) Housing expenses including mortgage, rent, or property taxes. (D) Utilities. (8) Public health emergency declaration The term public health emergency declaration means any declaration of a public health emergency by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). (9) Unemployment related expenses The term unemployment related expenses means, in the case of an account beneficiary with any period of unemployment during the taxable year, any expenses during such taxable year which, in the aggregate, do not exceed $500. (10) Account beneficiary The term account beneficiary means the individual on whose behalf the emergency savings account was established. (e) Treatment of account (1) In general An emergency savings account is exempt from taxation under this subtitle unless such account has ceased to be an emergency savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Account terminations Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to emergency savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified disaster and public health emergency expenses. (f) Tax treatment of distributions (1) Amounts used for qualified disaster and public health emergency expenses Any amount paid or distributed out of an emergency savings account which is used exclusively to pay qualified disaster and public health emergency expenses of any account beneficiary shall not be includible in gross income. (2) Inclusion of amounts not used for qualified disaster and public health emergency expenses Any amount paid or distributed out of an emergency savings account which is not used exclusively to pay the qualified disaster and public health emergency expenses of the account beneficiary shall be included in the gross income of such beneficiary. (3) Excess contributions returned before due date of return (A) In general If any excess contribution is contributed for a taxable year to any emergency savings account of an individual, paragraph (2) shall not apply to distributions from the emergency savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution For purposes of subparagraph (A), the term excess contribution means any contribution (other than a rollover contribution described in paragraph (5)) which is not deductible under this section. (4) Additional tax on distributions not used for qualified disaster and public health emergency expenses (A) In general The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from an emergency savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. (B) Exception for disability or death Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. (5) Rollover contribution An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general Paragraph (2) shall not apply to any amount paid or distributed from an emergency savings account to the account beneficiary to the extent the amount received is paid into an emergency savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from an emergency savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from an emergency savings account which was not includible in the individual's gross income because of the application of this paragraph. (g) Cost-of-Living adjustment (1) In general In the case of any taxable year beginning in a calendar year after 2023, each $5,000 amount in subsection (b) and the $3,000 amount in subsection (d)(4) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. (h) Special rules (1) Denial of deduction to dependents No deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (2) Taxable year must be full taxable year Except in the case of a taxable year closed by reason of the death of the taxpayer, no deduction shall be allowed under this section in the case of a taxable year covering a period of less than 12 months. (3) Certain rules to apply Rules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Section 219(f)(5) (relating to employer payments). (D) Section 408(g) (relating to community property laws). (E) Section 408(h) (relating to custodial accounts). (F) Section 223(f)(7) (relating to transfer of account incident to divorce). (G) Section 223(f)(8) (relating to treatment after death of account beneficiary). (4) Coordination with casualty loss deduction No deduction shall be allowed under section 165 for a loss for which a disaster recovery expense payment is made from an emergency savings account. (i) Reports The Secretary may require the trustee of an emergency savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate.. (b) Deduction allowed whether or not individual itemizes other deductions Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) Emergency savings accounts The deduction allowed by section 224.. (c) Tax on excess contributions Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended— (1) by striking or at the end of subsection (a)(5), by inserting or at the end of subsection (a)(6), and by inserting after subsection (a)(6) the following new paragraph: (7) an emergency savings account (within the meaning of section 224(d)), ; and (2) by adding at the end the following new subsection: (i) Excess contributions to emergency savings accounts For purposes of this section, in the case of emergency savings accounts (within the meaning of section 224(d)), the term excess contributions means the sum of— (1) the aggregate amount contributed for the taxable year to the accounts (other than a rollover contribution described in section 224(f)(5)) which is not allowable as a deduction under section 224 for such year, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts which were included in gross income under section 224(f)(2), and (B) the excess (if any) of— (i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over (ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the emergency savings account in a distribution to which section 224(f)(3) applies shall be treated as an amount not contributed.. (d) Failure To provide reports on emergency savings accounts Section 6693(a)(2) of such Code is amended by redesignating subparagraphs (D), (E), and (F) as subparagraphs (E), (F), and (G), respectively, and by inserting after subparagraph (C) the following new subparagraph: (D) section 224(i) (relating to emergency savings accounts),. (e) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following: Sec. 224. Emergency savings accounts. Sec. 225. Cross reference.. (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 224. Emergency savings accounts (a) Deduction allowed In the case of a eligible individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid during such taxable year by or on behalf of such individual to an emergency savings account of such individual. (b) Limitation (1) In general The amount allowed as a deduction under subsection (a) to an individual for the taxable year shall not exceed $5,000. (2) Partial year of eligibility In the case of an individual who is an eligible individual for only a portion of the taxable year, the limitation under paragraph (1) shall be same proportion of $5,000 as such portion bears to the entire taxable year. (c) Eligible individual For purposes of this section, the term eligible individual means any individual if such individual occupied any residence in the United States at any time during the taxable year. (d) Emergency savings account For purposes of this section— (1) In general The term emergency savings account means a trust created or organized in the United States as an emergency savings account exclusively for the purpose of paying the qualified disaster and public health emergency expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: (A) Except in the case of a rollover contribution described in subsection (f)(5), no contribution will be accepted— (i) unless it is in cash, or (ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar limitation in effect under subsection (b). (B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified disaster and public health emergency expenses The term qualified disaster and public health emergency expenses means— (A) disaster mitigation expenses, (B) disaster recovery expenses, (C) public health emergency expenses, and (D) unemployment related expenses. (3) Disaster mitigation expenses The term disaster mitigation expenses means expenses for any of the following with respect to the residence referred to in subsection (c): (A) Tornado safe rooms manufactured or constructed in accordance with FEMA 320 or FEMA 361 guidance or tornado shelters manufactured or constructed in accordance with the National Storm Shelter/International Code Council 500 standard. (B) Opening protection, including impact and wind resistant windows, exterior doors, and garage doors. (C) Reinforcement of roof-to-wall and floor-to-wall connections for wind or seismic activity. (D) Roof covering for impact, fire, or high wind resistance. (E) Cripple and shear walls to resist seismic activity. (F) Flood resistant building materials. (G) Elevating structures and utilities above base flood elevation. (H) Fire resistant exterior wall assemblies/systems. (I) Lightning protection systems. (J) Whole home standby generators. (K) Any activity specified by the Secretary as appropriate to mitigate the risks of future hazards (including earthquake, flood, hail, hurricane, sinkhole, lightning, power outage, tornado, and wildfire) and other natural disasters. (4) Disaster recovery expenses The term disaster recovery expenses means with respect to the residence referred to in subsection (c) any expense incurred to replace or repair disaster-related uninsured personal casualty personal losses totaling $1,000 or greater. (5) Disaster-related uninsured personal casualty loss The term disaster-related uninsured personal casualty loss means a personal casualty loss (as defined in section 165(h)(3)(B), determined without regard to the second sentence thereof) attributable to a State or federally declared disaster for which a deduction is allowable under section 165 (without regard to subsection (h)(1)). (6) Federally declared disaster The term federally declared disaster has the meaning given such term by section 165(i)(5). (7) Public health emergency expenses The term public health emergency expenses means expenses for any of the following with respect to an individual referred to in subsection (c) if paid or incurred while a public health emergency declaration is in effect and while such individual is unemployed or has their employment status reduced from full-time status: (A) Child care expenses. (B) Out-of-pocket health care costs, including insurance premiums. (C) Housing expenses including mortgage, rent, or property taxes. (D) Utilities. (8) Public health emergency declaration The term public health emergency declaration means any declaration of a public health emergency by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). (9) Unemployment related expenses The term unemployment related expenses means, in the case of an account beneficiary with any period of unemployment during the taxable year, any expenses during such taxable year which, in the aggregate, do not exceed $500. (10) Account beneficiary The term account beneficiary means the individual on whose behalf the emergency savings account was established. (e) Treatment of account (1) In general An emergency savings account is exempt from taxation under this subtitle unless such account has ceased to be an emergency savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Account terminations Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to emergency savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified disaster and public health emergency expenses. (f) Tax treatment of distributions (1) Amounts used for qualified disaster and public health emergency expenses Any amount paid or distributed out of an emergency savings account which is used exclusively to pay qualified disaster and public health emergency expenses of any account beneficiary shall not be includible in gross income. (2) Inclusion of amounts not used for qualified disaster and public health emergency expenses Any amount paid or distributed out of an emergency savings account which is not used exclusively to pay the qualified disaster and public health emergency expenses of the account beneficiary shall be included in the gross income of such beneficiary. (3) Excess contributions returned before due date of return (A) In general If any excess contribution is contributed for a taxable year to any emergency savings account of an individual, paragraph (2) shall not apply to distributions from the emergency savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution For purposes of subparagraph (A), the term excess contribution means any contribution (other than a rollover contribution described in paragraph (5)) which is not deductible under this section. (4) Additional tax on distributions not used for qualified disaster and public health emergency expenses (A) In general The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from an emergency savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. (B) Exception for disability or death Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. (5) Rollover contribution An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general Paragraph (2) shall not apply to any amount paid or distributed from an emergency savings account to the account beneficiary to the extent the amount received is paid into an emergency savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from an emergency savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from an emergency savings account which was not includible in the individual's gross income because of the application of this paragraph. (g) Cost-of-Living adjustment (1) In general In the case of any taxable year beginning in a calendar year after 2023, each $5,000 amount in subsection (b) and the $3,000 amount in subsection (d)(4) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. (h) Special rules (1) Denial of deduction to dependents No deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (2) Taxable year must be full taxable year Except in the case of a taxable year closed by reason of the death of the taxpayer, no deduction shall be allowed under this section in the case of a taxable year covering a period of less than 12 months. (3) Certain rules to apply Rules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Section 219(f)(5) (relating to employer payments). (D) Section 408(g) (relating to community property laws). (E) Section 408(h) (relating to custodial accounts). (F) Section 223(f)(7) (relating to transfer of account incident to divorce). (G) Section 223(f)(8) (relating to treatment after death of account beneficiary). (4) Coordination with casualty loss deduction No deduction shall be allowed under section 165 for a loss for which a disaster recovery expense payment is made from an emergency savings account. (i) Reports The Secretary may require the trustee of an emergency savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate.
26,823
[ "Ways and Means Committee" ]
118hr2827ih
118
hr
2,827
ih
To provide high-skilled visas for nationals of the Republic of Korea, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Partner with Korea Act.", "id": "HF3C59385240540B886A0D638C2B1652B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reciprocal visas for nationals of South Korea \n(a) In general \nSection 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) ) is amended— (1) in clause (ii), by striking or after capital; ; and (2) by adding at the end or (iv) solely to perform services in a specialty occupation in the United States if the alien is a national of the Republic of Korea and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(t)(1);. (b) Numerical limitation \nSection 214(g) of such Act ( 8 U.S.C. 1184(g) ) is amended by adding at the end the following: (12) (A) The Secretary of State may not approve a number of initial applications submitted for aliens described in section 101(a)(15)(E)(iv) that is more than the applicable numerical limitations set out in this paragraph. (B) The applicable numerical limitation referred to in subparagraph (A) is 15,000 for each fiscal year. (C) The applicable numerical limitation referred to in subparagraph (A) shall only apply to principal aliens and not the spouses or children of such aliens.. (c) Specialty occupation defined \nSection 214(i)(1) of such Act ( 8 U.S.C. 1184(i)(1) ) is amended by striking section 101(a)(15)(E)(iii), and inserting clauses (iii) and (iv) of section 101(a)(15)(E),. (d) Attestation \nSection 212(t) of such Act ( 8 U.S.C. 1182(t) ), as added by section 402(b)(2) of the United States-Chile Free Trade Agreement Implementation Act ( Public Law 108–77 ; 117 Stat. 941), is amended— (1) by striking or section 101(a)(15)(E)(iii) each place it appears and inserting or clause (iii) or (iv) of section 101(a)(15)(E) ; and (2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and (3)(C)(iii)(II), by striking or 101(a)(15)(E)(iii) each place it appears.", "id": "HFAD32FE0A27D42679FF74143F5403C0B", "header": "Reciprocal visas for nationals of South Korea", "nested": [ { "text": "(a) In general \nSection 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) ) is amended— (1) in clause (ii), by striking or after capital; ; and (2) by adding at the end or (iv) solely to perform services in a specialty occupation in the United States if the alien is a national of the Republic of Korea and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(t)(1);.", "id": "H9C0A1B88F69E4410BC734F161FB2C91B", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)(E)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Numerical limitation \nSection 214(g) of such Act ( 8 U.S.C. 1184(g) ) is amended by adding at the end the following: (12) (A) The Secretary of State may not approve a number of initial applications submitted for aliens described in section 101(a)(15)(E)(iv) that is more than the applicable numerical limitations set out in this paragraph. (B) The applicable numerical limitation referred to in subparagraph (A) is 15,000 for each fiscal year. (C) The applicable numerical limitation referred to in subparagraph (A) shall only apply to principal aliens and not the spouses or children of such aliens..", "id": "H4CFA003FE962427DBE36767BEEE462C8", "header": "Numerical limitation", "nested": [], "links": [ { "text": "8 U.S.C. 1184(g)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "(c) Specialty occupation defined \nSection 214(i)(1) of such Act ( 8 U.S.C. 1184(i)(1) ) is amended by striking section 101(a)(15)(E)(iii), and inserting clauses (iii) and (iv) of section 101(a)(15)(E),.", "id": "H3592CC45D29C47B0B069E8A568B4C410", "header": "Specialty occupation defined", "nested": [], "links": [ { "text": "8 U.S.C. 1184(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "(d) Attestation \nSection 212(t) of such Act ( 8 U.S.C. 1182(t) ), as added by section 402(b)(2) of the United States-Chile Free Trade Agreement Implementation Act ( Public Law 108–77 ; 117 Stat. 941), is amended— (1) by striking or section 101(a)(15)(E)(iii) each place it appears and inserting or clause (iii) or (iv) of section 101(a)(15)(E) ; and (2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and (3)(C)(iii)(II), by striking or 101(a)(15)(E)(iii) each place it appears.", "id": "H498D44FCF6144C8EBD6F50641A185B58", "header": "Attestation", "nested": [], "links": [ { "text": "8 U.S.C. 1182(t)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "Public Law 108–77", "legal-doc": "public-law", "parsable-cite": "pl/108/77" } ] } ], "links": [ { "text": "8 U.S.C. 1101(a)(15)(E)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1184(g)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1184(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1182(t)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "Public Law 108–77", "legal-doc": "public-law", "parsable-cite": "pl/108/77" } ] } ]
2
1. Short title This Act may be cited as the Partner with Korea Act. 2. Reciprocal visas for nationals of South Korea (a) In general Section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) ) is amended— (1) in clause (ii), by striking or after capital; ; and (2) by adding at the end or (iv) solely to perform services in a specialty occupation in the United States if the alien is a national of the Republic of Korea and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(t)(1);. (b) Numerical limitation Section 214(g) of such Act ( 8 U.S.C. 1184(g) ) is amended by adding at the end the following: (12) (A) The Secretary of State may not approve a number of initial applications submitted for aliens described in section 101(a)(15)(E)(iv) that is more than the applicable numerical limitations set out in this paragraph. (B) The applicable numerical limitation referred to in subparagraph (A) is 15,000 for each fiscal year. (C) The applicable numerical limitation referred to in subparagraph (A) shall only apply to principal aliens and not the spouses or children of such aliens.. (c) Specialty occupation defined Section 214(i)(1) of such Act ( 8 U.S.C. 1184(i)(1) ) is amended by striking section 101(a)(15)(E)(iii), and inserting clauses (iii) and (iv) of section 101(a)(15)(E),. (d) Attestation Section 212(t) of such Act ( 8 U.S.C. 1182(t) ), as added by section 402(b)(2) of the United States-Chile Free Trade Agreement Implementation Act ( Public Law 108–77 ; 117 Stat. 941), is amended— (1) by striking or section 101(a)(15)(E)(iii) each place it appears and inserting or clause (iii) or (iv) of section 101(a)(15)(E) ; and (2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and (3)(C)(iii)(II), by striking or 101(a)(15)(E)(iii) each place it appears.
1,981
[ "Judiciary Committee" ]
118hr4186ih
118
hr
4,186
ih
To amend the Workforce Innovation and Opportunity Act to establish employer-directed skills accounts, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Employer-Directed Skills Act.", "id": "H29CD46A268E0428C9013A0E75C605D7B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Employer-directed skills accounts \n(a) Definitions \n(1) Employer-sponsored skills development \nSection 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is amended— (A) by redesignating paragraphs (19) through (71) as paragraphs (20) through (72), respectively; and (B) by inserting after paragraph (18), the following: (19) Employer-sponsored skills development \nThe term employer-sponsored skills development means a skills development program— (A) that is selected by an employer to meet the specific skill demands of the employer; (B) that is conducted pursuant to terms and conditions which are established under an employer-sponsored skills development agreement described in section 134(c)(3)(I)(iv), including a commitment by the employer to employ an individual upon successful completion of the program; (C) for which an employer pays a portion of the cost of the program, which shall not be less than— (i) 10 percent of the cost, in the case of an employer with not more than 50 employees; (ii) 25 percent of the cost, in the case of an employer with more than 50 employees but not more than 100 employees; and (iii) 50 percent of the cost, in the case of an employer with more than 100 employees; and (D) for which the Federal share of the cost of the program is provided to the employer through an employer-directed skills account in accordance with section 134(c)(3)(I)(ii).. (2) On-the-job training \nParagraph (45) of section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is amended, as redesignated by paragraph (1)(A)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) in a case in which each of the conditions under section 134(c)(3)(I)(i) are met with respect to such training (including the establishment of an on-the-job training agreement described in section 134(c)(3)(I)(iii)), provides the Federal share of the cost of training to the employer through an employer-directed skills account.. (3) Related conforming amendments \nThe Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ) is amended— (A) in section 134(c)(3)(H)(i) ( 20 U.S.C. 3174(c)(3)(H)(i) ), by striking section 3(44) and by inserting section 3(45) ; (B) in section 211(e)(3) ( 20 U.S.C. 3291(e)(3) ), by striking section 3(45) and inserting section 3(46) ; (C) in section 181(d)(2) ( 20 U.S.C. 3241(d)(2) ), by striking transitional employment, and inserting transitional employment, employer-sponsored skills development ; and (D) in section 194(4) ( 20 U.S.C. 3254(4) ), by inserting or employer-sponsored skills development after On-the-job training. (b) Exceptions for employer-Sponsored skills development \nSection 122(h) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(h) ) is amended— (1) in paragraph (1), by inserting employer-sponsored skills development, after incumbent worker training, ; and (2) in paragraph (2), by inserting employer-sponsored skills development, after incumbent worker training,. (c) Career services \nSection 134(c)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(2)(A) ) is amended— (1) in clause (xii), by striking and at the end; (2) in clause (xiii), by striking the period and inserting a semicolon; and (3) by adding at the end the following: (xiv) provision of information on employers in the local areas that are offering employer-sponsored skills development or on-the-job training programs that may be reimbursed through an employer-directed skills account established under section 134(c)(3)(I) and the performance information available on such programs; and (xv) provision of assistance, in coordination with employers in the local areas that are offering employer-sponsored skills development or on-the-job training, in establishing employer-sponsored skills development agreements or on-the-job training agreements.. (d) Eligibility for training services \nSection 134(c)(3) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by inserting or (iii) after clause (ii) ; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) Participants selected for on-the-job training or employer-sponsored skills development \nA one-stop operator or one-stop partner shall not be required to conduct an interview, evaluation, or assessment of a participant under clause (i) if such participant is selected by an employer under section 134(c)(3)(I)(i) to receive on-the-job training or employer-sponsored skills development, and the applicable conditions under such section are met for such individual to receive such services. ; and (2) in subparagraph (D)— (A) in clause (x), by striking and at the end; (B) in clause (xi), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (xii) employer-sponsored skills development programs conducted with a commitment by an employer to employ an individual upon successful completion of such a program.. (e) Employer-Directed skills accounts \n(1) Local plan \nSection 108(b)(19) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3123 ) is amended by inserting or employer-directed skills accounts after individual training accounts. (2) Consumer choice requirements \nSection 134(c)(3)(F) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(F) is amended— (A) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (B) by inserting after clause (iii), the following: (iv) Employer-directed skills accounts \nIn a case in which an individual is selected by an employer under section 134(c)(3)(I)(i) to receive on-the-job training or employer-sponsored skills development, and the applicable conditions under such section are met for such individual to receive such services, the local board involved shall arrange for payment for such services through an employer-directed skills account in accordance with section 134(c)(3)(I)(ii). ; and (C) in clause (v), as redesignated by subparagraph (A), by inserting or employer-directed skills accounts after individual training accounts. (3) Additional exception to use of individual training accounts \nSection 134(c)(3)(G) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(G) ) is amended— (A) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (B) in clause (i), by striking clause (ii) and inserting clauses (ii) and (iii) ; (C) by inserting after clause (ii), the following: (iii) Employer-directed skills accounts \nServices authorized under this paragraph may be provided pursuant to an employer-directed skills account in lieu of an individual training account if such services are employer-sponsored skills development or on-the-job training and the applicable conditions under section 134(c)(3)(I)(i) are met for an individual to receive such services. ; and (D) in clause (v) (as redesignated by subparagraph (A)), by inserting , employer-directed skills accounts, after individual training accounts. (4) Establishment of employer-directed skills accounts \nSection 134(c)(3) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3) ) is amended by adding at the end the following: (I) Employer-directed skills accounts \n(i) In general \nAn individual shall receive on-the-job training or employer-sponsored skills development through the use of an employer-directed skills account, if each of the following conditions are met: (I) An employer selects the individual, who is not an employee of such employer, for on-the-job training or employer-sponsored skills development. (II) (aa) In the case of an individual selected under subclause (I) to receive on-the-job training, an on-the-job training agreement that meets the requirements of clause (iii) is established and signed by the individual and the employer; or (bb) in the case of an individual selected under subclause (I) to receive employer-sponsored skills development, an employer-sponsored skills development agreement that meets the requirements of clause (iv) is established and signed by the individual and the employer. (III) The employer submits to the local board each of the following: (aa) A certification that the individual requires an on-the-job training or employer-sponsored skills development program to obtain employment with the employer, and has the skills and qualifications to successfully participate in such a program. (bb) A certification that the employer will submit the necessary performance information to the local board in accordance with section 122(h). (cc) The on-the-job training agreement or the employer-sponsored skills development agreement described in subclause (II), as applicable. (IV) The local board involved reviews and approves each certification and agreement received under subclause (III), by considering the following: (ii) Approval of agreements \nIn determining whether to approve an employer-sponsored skills development agreement or an on-the-job training agreement under clause (i)(IV), the local board involved shall consider the following: (I) The characteristics of the participants of the on-the-job training or employer-sponsored skills development that is the subject of the agreement. (II) The size of the employer submitting such agreement, with a priority on supporting agreements submitted by small businesses. (III) The alignment of the agreement with the workforce investment needs identified in the local plan of the local area under section 108. (IV) In the case of an employer-sponsored skills development agreement, if the employer-sponsored skills development offered— (aa) is for preparation to work in an in-demand industry sector or occupation; and (bb) leads to a recognized postsecondary credential. (V) Any other factors the local board determines appropriate. (iii) Payment to employers \nThe local board involved in on-the-job training or employer-sponsored skills development under clause (i) shall arrange for the appropriate payment of such services through an employer-directed skills account as follows: (I) On-the-job training \nFor on-the-job training, the local board involved shall reimburse the employer from funds in the employer-directed skills account in accordance to the reimbursement requirements of section 3(45)(B) and after receipt of documentation of the wages earned by the individual during such training. (II) Employer-sponsored skills development \nFor employer-sponsored skills development services, the local board involved shall reimburse the employer from funds in the employer-directed skills account for the Federal share of the costs of the program after receipt of documentation from the employer of payment of such costs. (iv) On-the-job training agreement \nAn on-the-job training agreement under clause (i) shall— (I) establish— (aa) the length of the on-the-job training; (bb) the hourly wage rate of the individual; (cc) the skills necessary for the job and the individual’s current skill level as of the date of the agreement; and (dd) the skills to be learned during the on-the-job training; and (II) include an assurance that the employer will provide the local board involved with documentation of the wages earned by the individual while engaged in such on-the-job training for the purpose of reimbursement to the employer. (v) Employer-Sponsored skills development agreement \nAn employer-sponsored skills development agreement referred to in clause (i) shall establish— (I) the provider of the employer-sponsored skills development program; (II) the length of such program; (III) the skills to be learned during such program; (IV) a commitment by the employer to employ the individual upon successful completion of the program; (V) the cost of the program; (VI) the amount of such cost that will be paid by the employer (the non-Federal share), which shall be not less than the amount specified in section 3(19)(C); and (VII) any recognized postsecondary credentials that will be awarded to successful participants..", "id": "HBC4A759F375A4FAFA4AB2C3687A40573", "header": "Employer-directed skills accounts", "nested": [ { "text": "(a) Definitions \n(1) Employer-sponsored skills development \nSection 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is amended— (A) by redesignating paragraphs (19) through (71) as paragraphs (20) through (72), respectively; and (B) by inserting after paragraph (18), the following: (19) Employer-sponsored skills development \nThe term employer-sponsored skills development means a skills development program— (A) that is selected by an employer to meet the specific skill demands of the employer; (B) that is conducted pursuant to terms and conditions which are established under an employer-sponsored skills development agreement described in section 134(c)(3)(I)(iv), including a commitment by the employer to employ an individual upon successful completion of the program; (C) for which an employer pays a portion of the cost of the program, which shall not be less than— (i) 10 percent of the cost, in the case of an employer with not more than 50 employees; (ii) 25 percent of the cost, in the case of an employer with more than 50 employees but not more than 100 employees; and (iii) 50 percent of the cost, in the case of an employer with more than 100 employees; and (D) for which the Federal share of the cost of the program is provided to the employer through an employer-directed skills account in accordance with section 134(c)(3)(I)(ii).. (2) On-the-job training \nParagraph (45) of section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is amended, as redesignated by paragraph (1)(A)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) in a case in which each of the conditions under section 134(c)(3)(I)(i) are met with respect to such training (including the establishment of an on-the-job training agreement described in section 134(c)(3)(I)(iii)), provides the Federal share of the cost of training to the employer through an employer-directed skills account.. (3) Related conforming amendments \nThe Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ) is amended— (A) in section 134(c)(3)(H)(i) ( 20 U.S.C. 3174(c)(3)(H)(i) ), by striking section 3(44) and by inserting section 3(45) ; (B) in section 211(e)(3) ( 20 U.S.C. 3291(e)(3) ), by striking section 3(45) and inserting section 3(46) ; (C) in section 181(d)(2) ( 20 U.S.C. 3241(d)(2) ), by striking transitional employment, and inserting transitional employment, employer-sponsored skills development ; and (D) in section 194(4) ( 20 U.S.C. 3254(4) ), by inserting or employer-sponsored skills development after On-the-job training.", "id": "H5DFE80E110D24E8694584D899C06EB49", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3101" }, { "text": "20 U.S.C. 3174(c)(3)(H)(i)", "legal-doc": "usc", "parsable-cite": "usc/20/3174" }, { "text": "20 U.S.C. 3291(e)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/3291" }, { "text": "20 U.S.C. 3241(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/3241" }, { "text": "20 U.S.C. 3254(4)", "legal-doc": "usc", "parsable-cite": "usc/20/3254" } ] }, { "text": "(b) Exceptions for employer-Sponsored skills development \nSection 122(h) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(h) ) is amended— (1) in paragraph (1), by inserting employer-sponsored skills development, after incumbent worker training, ; and (2) in paragraph (2), by inserting employer-sponsored skills development, after incumbent worker training,.", "id": "HC08D643FD1624F46A72F987DD929B1B1", "header": "Exceptions for employer-Sponsored skills development", "nested": [], "links": [ { "text": "29 U.S.C. 3152(h)", "legal-doc": "usc", "parsable-cite": "usc/29/3152" } ] }, { "text": "(c) Career services \nSection 134(c)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(2)(A) ) is amended— (1) in clause (xii), by striking and at the end; (2) in clause (xiii), by striking the period and inserting a semicolon; and (3) by adding at the end the following: (xiv) provision of information on employers in the local areas that are offering employer-sponsored skills development or on-the-job training programs that may be reimbursed through an employer-directed skills account established under section 134(c)(3)(I) and the performance information available on such programs; and (xv) provision of assistance, in coordination with employers in the local areas that are offering employer-sponsored skills development or on-the-job training, in establishing employer-sponsored skills development agreements or on-the-job training agreements..", "id": "H64C045C718784A16A036A49BBDC833C7", "header": "Career services", "nested": [], "links": [ { "text": "29 U.S.C. 3174(c)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" } ] }, { "text": "(d) Eligibility for training services \nSection 134(c)(3) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by inserting or (iii) after clause (ii) ; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) Participants selected for on-the-job training or employer-sponsored skills development \nA one-stop operator or one-stop partner shall not be required to conduct an interview, evaluation, or assessment of a participant under clause (i) if such participant is selected by an employer under section 134(c)(3)(I)(i) to receive on-the-job training or employer-sponsored skills development, and the applicable conditions under such section are met for such individual to receive such services. ; and (2) in subparagraph (D)— (A) in clause (x), by striking and at the end; (B) in clause (xi), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (xii) employer-sponsored skills development programs conducted with a commitment by an employer to employ an individual upon successful completion of such a program..", "id": "H02FF022596ED43CA8F5CED60FE6AA90E", "header": "Eligibility for training services", "nested": [], "links": [ { "text": "29 U.S.C. 3174(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" } ] }, { "text": "(e) Employer-Directed skills accounts \n(1) Local plan \nSection 108(b)(19) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3123 ) is amended by inserting or employer-directed skills accounts after individual training accounts. (2) Consumer choice requirements \nSection 134(c)(3)(F) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(F) is amended— (A) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (B) by inserting after clause (iii), the following: (iv) Employer-directed skills accounts \nIn a case in which an individual is selected by an employer under section 134(c)(3)(I)(i) to receive on-the-job training or employer-sponsored skills development, and the applicable conditions under such section are met for such individual to receive such services, the local board involved shall arrange for payment for such services through an employer-directed skills account in accordance with section 134(c)(3)(I)(ii). ; and (C) in clause (v), as redesignated by subparagraph (A), by inserting or employer-directed skills accounts after individual training accounts. (3) Additional exception to use of individual training accounts \nSection 134(c)(3)(G) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(G) ) is amended— (A) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (B) in clause (i), by striking clause (ii) and inserting clauses (ii) and (iii) ; (C) by inserting after clause (ii), the following: (iii) Employer-directed skills accounts \nServices authorized under this paragraph may be provided pursuant to an employer-directed skills account in lieu of an individual training account if such services are employer-sponsored skills development or on-the-job training and the applicable conditions under section 134(c)(3)(I)(i) are met for an individual to receive such services. ; and (D) in clause (v) (as redesignated by subparagraph (A)), by inserting , employer-directed skills accounts, after individual training accounts. (4) Establishment of employer-directed skills accounts \nSection 134(c)(3) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3) ) is amended by adding at the end the following: (I) Employer-directed skills accounts \n(i) In general \nAn individual shall receive on-the-job training or employer-sponsored skills development through the use of an employer-directed skills account, if each of the following conditions are met: (I) An employer selects the individual, who is not an employee of such employer, for on-the-job training or employer-sponsored skills development. (II) (aa) In the case of an individual selected under subclause (I) to receive on-the-job training, an on-the-job training agreement that meets the requirements of clause (iii) is established and signed by the individual and the employer; or (bb) in the case of an individual selected under subclause (I) to receive employer-sponsored skills development, an employer-sponsored skills development agreement that meets the requirements of clause (iv) is established and signed by the individual and the employer. (III) The employer submits to the local board each of the following: (aa) A certification that the individual requires an on-the-job training or employer-sponsored skills development program to obtain employment with the employer, and has the skills and qualifications to successfully participate in such a program. (bb) A certification that the employer will submit the necessary performance information to the local board in accordance with section 122(h). (cc) The on-the-job training agreement or the employer-sponsored skills development agreement described in subclause (II), as applicable. (IV) The local board involved reviews and approves each certification and agreement received under subclause (III), by considering the following: (ii) Approval of agreements \nIn determining whether to approve an employer-sponsored skills development agreement or an on-the-job training agreement under clause (i)(IV), the local board involved shall consider the following: (I) The characteristics of the participants of the on-the-job training or employer-sponsored skills development that is the subject of the agreement. (II) The size of the employer submitting such agreement, with a priority on supporting agreements submitted by small businesses. (III) The alignment of the agreement with the workforce investment needs identified in the local plan of the local area under section 108. (IV) In the case of an employer-sponsored skills development agreement, if the employer-sponsored skills development offered— (aa) is for preparation to work in an in-demand industry sector or occupation; and (bb) leads to a recognized postsecondary credential. (V) Any other factors the local board determines appropriate. (iii) Payment to employers \nThe local board involved in on-the-job training or employer-sponsored skills development under clause (i) shall arrange for the appropriate payment of such services through an employer-directed skills account as follows: (I) On-the-job training \nFor on-the-job training, the local board involved shall reimburse the employer from funds in the employer-directed skills account in accordance to the reimbursement requirements of section 3(45)(B) and after receipt of documentation of the wages earned by the individual during such training. (II) Employer-sponsored skills development \nFor employer-sponsored skills development services, the local board involved shall reimburse the employer from funds in the employer-directed skills account for the Federal share of the costs of the program after receipt of documentation from the employer of payment of such costs. (iv) On-the-job training agreement \nAn on-the-job training agreement under clause (i) shall— (I) establish— (aa) the length of the on-the-job training; (bb) the hourly wage rate of the individual; (cc) the skills necessary for the job and the individual’s current skill level as of the date of the agreement; and (dd) the skills to be learned during the on-the-job training; and (II) include an assurance that the employer will provide the local board involved with documentation of the wages earned by the individual while engaged in such on-the-job training for the purpose of reimbursement to the employer. (v) Employer-Sponsored skills development agreement \nAn employer-sponsored skills development agreement referred to in clause (i) shall establish— (I) the provider of the employer-sponsored skills development program; (II) the length of such program; (III) the skills to be learned during such program; (IV) a commitment by the employer to employ the individual upon successful completion of the program; (V) the cost of the program; (VI) the amount of such cost that will be paid by the employer (the non-Federal share), which shall be not less than the amount specified in section 3(19)(C); and (VII) any recognized postsecondary credentials that will be awarded to successful participants..", "id": "H924D4CE849ED4EF2B3103C7A06F9F856", "header": "Employer-Directed skills accounts", "nested": [], "links": [ { "text": "29 U.S.C. 3123", "legal-doc": "usc", "parsable-cite": "usc/29/3123" }, { "text": "29 U.S.C. 3174(c)(3)(F)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" }, { "text": "29 U.S.C. 3174(c)(3)(G)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" }, { "text": "29 U.S.C. 3174(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" } ] } ], "links": [ { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3101" }, { "text": "20 U.S.C. 3174(c)(3)(H)(i)", "legal-doc": "usc", "parsable-cite": "usc/20/3174" }, { "text": "20 U.S.C. 3291(e)(3)", "legal-doc": "usc", "parsable-cite": "usc/20/3291" }, { "text": "20 U.S.C. 3241(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/3241" }, { "text": "20 U.S.C. 3254(4)", "legal-doc": "usc", "parsable-cite": "usc/20/3254" }, { "text": "29 U.S.C. 3152(h)", "legal-doc": "usc", "parsable-cite": "usc/29/3152" }, { "text": "29 U.S.C. 3174(c)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" }, { "text": "29 U.S.C. 3174(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" }, { "text": "29 U.S.C. 3123", "legal-doc": "usc", "parsable-cite": "usc/29/3123" }, { "text": "29 U.S.C. 3174(c)(3)(F)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" }, { "text": "29 U.S.C. 3174(c)(3)(G)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" }, { "text": "29 U.S.C. 3174(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" } ] } ]
2
1. Short title This Act may be cited as the Employer-Directed Skills Act. 2. Employer-directed skills accounts (a) Definitions (1) Employer-sponsored skills development Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is amended— (A) by redesignating paragraphs (19) through (71) as paragraphs (20) through (72), respectively; and (B) by inserting after paragraph (18), the following: (19) Employer-sponsored skills development The term employer-sponsored skills development means a skills development program— (A) that is selected by an employer to meet the specific skill demands of the employer; (B) that is conducted pursuant to terms and conditions which are established under an employer-sponsored skills development agreement described in section 134(c)(3)(I)(iv), including a commitment by the employer to employ an individual upon successful completion of the program; (C) for which an employer pays a portion of the cost of the program, which shall not be less than— (i) 10 percent of the cost, in the case of an employer with not more than 50 employees; (ii) 25 percent of the cost, in the case of an employer with more than 50 employees but not more than 100 employees; and (iii) 50 percent of the cost, in the case of an employer with more than 100 employees; and (D) for which the Federal share of the cost of the program is provided to the employer through an employer-directed skills account in accordance with section 134(c)(3)(I)(ii).. (2) On-the-job training Paragraph (45) of section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is amended, as redesignated by paragraph (1)(A)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) in a case in which each of the conditions under section 134(c)(3)(I)(i) are met with respect to such training (including the establishment of an on-the-job training agreement described in section 134(c)(3)(I)(iii)), provides the Federal share of the cost of training to the employer through an employer-directed skills account.. (3) Related conforming amendments The Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ) is amended— (A) in section 134(c)(3)(H)(i) ( 20 U.S.C. 3174(c)(3)(H)(i) ), by striking section 3(44) and by inserting section 3(45) ; (B) in section 211(e)(3) ( 20 U.S.C. 3291(e)(3) ), by striking section 3(45) and inserting section 3(46) ; (C) in section 181(d)(2) ( 20 U.S.C. 3241(d)(2) ), by striking transitional employment, and inserting transitional employment, employer-sponsored skills development ; and (D) in section 194(4) ( 20 U.S.C. 3254(4) ), by inserting or employer-sponsored skills development after On-the-job training. (b) Exceptions for employer-Sponsored skills development Section 122(h) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(h) ) is amended— (1) in paragraph (1), by inserting employer-sponsored skills development, after incumbent worker training, ; and (2) in paragraph (2), by inserting employer-sponsored skills development, after incumbent worker training,. (c) Career services Section 134(c)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(2)(A) ) is amended— (1) in clause (xii), by striking and at the end; (2) in clause (xiii), by striking the period and inserting a semicolon; and (3) by adding at the end the following: (xiv) provision of information on employers in the local areas that are offering employer-sponsored skills development or on-the-job training programs that may be reimbursed through an employer-directed skills account established under section 134(c)(3)(I) and the performance information available on such programs; and (xv) provision of assistance, in coordination with employers in the local areas that are offering employer-sponsored skills development or on-the-job training, in establishing employer-sponsored skills development agreements or on-the-job training agreements.. (d) Eligibility for training services Section 134(c)(3) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by inserting or (iii) after clause (ii) ; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) Participants selected for on-the-job training or employer-sponsored skills development A one-stop operator or one-stop partner shall not be required to conduct an interview, evaluation, or assessment of a participant under clause (i) if such participant is selected by an employer under section 134(c)(3)(I)(i) to receive on-the-job training or employer-sponsored skills development, and the applicable conditions under such section are met for such individual to receive such services. ; and (2) in subparagraph (D)— (A) in clause (x), by striking and at the end; (B) in clause (xi), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (xii) employer-sponsored skills development programs conducted with a commitment by an employer to employ an individual upon successful completion of such a program.. (e) Employer-Directed skills accounts (1) Local plan Section 108(b)(19) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3123 ) is amended by inserting or employer-directed skills accounts after individual training accounts. (2) Consumer choice requirements Section 134(c)(3)(F) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(F) is amended— (A) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (B) by inserting after clause (iii), the following: (iv) Employer-directed skills accounts In a case in which an individual is selected by an employer under section 134(c)(3)(I)(i) to receive on-the-job training or employer-sponsored skills development, and the applicable conditions under such section are met for such individual to receive such services, the local board involved shall arrange for payment for such services through an employer-directed skills account in accordance with section 134(c)(3)(I)(ii). ; and (C) in clause (v), as redesignated by subparagraph (A), by inserting or employer-directed skills accounts after individual training accounts. (3) Additional exception to use of individual training accounts Section 134(c)(3)(G) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(G) ) is amended— (A) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (B) in clause (i), by striking clause (ii) and inserting clauses (ii) and (iii) ; (C) by inserting after clause (ii), the following: (iii) Employer-directed skills accounts Services authorized under this paragraph may be provided pursuant to an employer-directed skills account in lieu of an individual training account if such services are employer-sponsored skills development or on-the-job training and the applicable conditions under section 134(c)(3)(I)(i) are met for an individual to receive such services. ; and (D) in clause (v) (as redesignated by subparagraph (A)), by inserting , employer-directed skills accounts, after individual training accounts. (4) Establishment of employer-directed skills accounts Section 134(c)(3) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3) ) is amended by adding at the end the following: (I) Employer-directed skills accounts (i) In general An individual shall receive on-the-job training or employer-sponsored skills development through the use of an employer-directed skills account, if each of the following conditions are met: (I) An employer selects the individual, who is not an employee of such employer, for on-the-job training or employer-sponsored skills development. (II) (aa) In the case of an individual selected under subclause (I) to receive on-the-job training, an on-the-job training agreement that meets the requirements of clause (iii) is established and signed by the individual and the employer; or (bb) in the case of an individual selected under subclause (I) to receive employer-sponsored skills development, an employer-sponsored skills development agreement that meets the requirements of clause (iv) is established and signed by the individual and the employer. (III) The employer submits to the local board each of the following: (aa) A certification that the individual requires an on-the-job training or employer-sponsored skills development program to obtain employment with the employer, and has the skills and qualifications to successfully participate in such a program. (bb) A certification that the employer will submit the necessary performance information to the local board in accordance with section 122(h). (cc) The on-the-job training agreement or the employer-sponsored skills development agreement described in subclause (II), as applicable. (IV) The local board involved reviews and approves each certification and agreement received under subclause (III), by considering the following: (ii) Approval of agreements In determining whether to approve an employer-sponsored skills development agreement or an on-the-job training agreement under clause (i)(IV), the local board involved shall consider the following: (I) The characteristics of the participants of the on-the-job training or employer-sponsored skills development that is the subject of the agreement. (II) The size of the employer submitting such agreement, with a priority on supporting agreements submitted by small businesses. (III) The alignment of the agreement with the workforce investment needs identified in the local plan of the local area under section 108. (IV) In the case of an employer-sponsored skills development agreement, if the employer-sponsored skills development offered— (aa) is for preparation to work in an in-demand industry sector or occupation; and (bb) leads to a recognized postsecondary credential. (V) Any other factors the local board determines appropriate. (iii) Payment to employers The local board involved in on-the-job training or employer-sponsored skills development under clause (i) shall arrange for the appropriate payment of such services through an employer-directed skills account as follows: (I) On-the-job training For on-the-job training, the local board involved shall reimburse the employer from funds in the employer-directed skills account in accordance to the reimbursement requirements of section 3(45)(B) and after receipt of documentation of the wages earned by the individual during such training. (II) Employer-sponsored skills development For employer-sponsored skills development services, the local board involved shall reimburse the employer from funds in the employer-directed skills account for the Federal share of the costs of the program after receipt of documentation from the employer of payment of such costs. (iv) On-the-job training agreement An on-the-job training agreement under clause (i) shall— (I) establish— (aa) the length of the on-the-job training; (bb) the hourly wage rate of the individual; (cc) the skills necessary for the job and the individual’s current skill level as of the date of the agreement; and (dd) the skills to be learned during the on-the-job training; and (II) include an assurance that the employer will provide the local board involved with documentation of the wages earned by the individual while engaged in such on-the-job training for the purpose of reimbursement to the employer. (v) Employer-Sponsored skills development agreement An employer-sponsored skills development agreement referred to in clause (i) shall establish— (I) the provider of the employer-sponsored skills development program; (II) the length of such program; (III) the skills to be learned during such program; (IV) a commitment by the employer to employ the individual upon successful completion of the program; (V) the cost of the program; (VI) the amount of such cost that will be paid by the employer (the non-Federal share), which shall be not less than the amount specified in section 3(19)(C); and (VII) any recognized postsecondary credentials that will be awarded to successful participants..
12,306
[ "Education and the Workforce Committee" ]
118hr653ih
118
hr
653
ih
To amend the Elementary and Secondary Education Act of 1965 to award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist at-risk middle school students with the transition from middle school to high school.
[ { "text": "1. Short title \nThis Act may be cited as the Transition-to-Success Mentoring Act.", "id": "H83D8EFDF0C2E4D249DBB561AA9F87E36", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Transition-to-Success Mentoring Program \n(a) Transition-to-Success Mentoring Program \nPart D of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6421 et seq. ) is amended by adding at the end the following: 4 Transition-to-Success Mentoring Program \n1441. Transition-to-Success Mentoring Program \n(a) In general \nThe Secretary shall award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist eligible students with the transition from middle school to high school. (b) Application \n(1) In general \nTo receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Priority \nIn selecting grant recipients, the Secretary shall give priority to eligible entities that— (A) serve children and youth with the greatest need living in high-poverty, high-crime areas, or rural areas, or who attend schools with high rates of community violence; (B) provide eligible students with opportunities for postsecondary education preparation and career development, including— (i) job training, professional development, work shadowing, internships, networking, résumé writing and review, interview preparation, transition services for students with disabilities, application assistance and visits to institutions of higher education, and leadership development through community service; and (ii) partnerships with the private sector and local businesses to provide internship and career exploration activities and resources; (C) seek to provide match lengths between eligible students and success coaches for at least 1 academic year; and (D) indicate how, and the degree to which, children were consulted and engaged in the development, design, and implementation of the school-based mentoring program. (c) Uses of funds \n(1) Required uses of funds \nAn eligible entity that receives a grant under this section shall use the grant funds to establish a school-based mentoring program, or to expand or provide technical support to an existing school-based mentoring program, in all middle schools served by the entity, under which each eligible student is assigned to a success coach who— (A) creates a plan for success for the student that— (i) is created with the student, mentor, relevant school staff (such as a teacher or school counselor), and parents of the student; (ii) includes, for each academic year, the student’s academic, personal, college, and career exploration goals, and a strategy on how to accomplish such goals; (iii) identifies the student’s strengths, areas for improvement, and academic progress; and (iv) includes a plan to educate and support the student’s college or career exploration goals; (B) enters into a signed, written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success; (C) meets with the student at least once per month to— (i) assist the student in achieving the goals under the plan for success; (ii) identify the student’s academic areas for improvement; (iii) connect the student with the tools and resources necessary to help improve the student’s potential for academic success; (iv) ensure the student’s successful transition from middle school to high school by identifying opportunities to help the student develop a positive attitude toward school, improve classroom behavior, complete coursework, and socialize with peers; and (v) in the case of a student with behavioral issues, assist the student in behavior management techniques; (D) at least quarterly, meets with the student and the parents, teachers, or counselors of the student to— (i) evaluate the student’s progress in achieving the goals under the plan for the current academic year; and (ii) revise or establish new goals for the next academic year; and (E) assists the student in exploring higher education and career exposure opportunities. (2) Authorized uses of funds \nAn eligible entity that receives a grant under this section may use such funds to— (A) develop and carry out regular training for success coaches, including on— (i) the impact of adverse childhood experiences; (ii) trauma-informed practices and interventions; (iii) supporting homeless children and youths; (iv) supporting children and youth in foster care; (v) cultural competency; (vi) meeting all appropriate privacy and confidentiality requirements for students, including students in foster care; (vii) working in coordination with a public school system; (viii) positive youth development and engagement practices; and (ix) disability inclusion practices to ensure access and participation by students with disabilities; (B) recruit, screen, match, compensate, and train success coaches, and pay for costs related to success coach and mentee participation in the program; (C) hire staff to perform or support the objectives of the school-based mentoring program; (D) provide inclusive and accessible youth engagement activities, such as— (i) enrichment field trips to cultural destinations; (ii) career awareness activities, including job site visits, informational interviews, résumé writing, interview preparation, and networking; and (iii) academic or postsecondary education preparation activities, including trade or vocational school visits, visits to institutions of higher education, and assistance in applying to institutions of higher education; (E) provide activities or programming with the purpose of engaging and connecting the student to the school community; and (F) conduct program evaluation, including by acquiring and analyzing the data described under subsection (e). (d) Grant Duration \nA grant under this section shall be awarded for a period of not more than 5 years. (e) Reporting requirements \n(1) Eligible entities \nAn eligible entity receiving a grant under this section shall submit to the Secretary, at the end of each academic year during the grant period, a report that includes— (A) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds under this section; (B) demographic data on such students; (C) data on the academic achievement, dropout rates, truancy, absenteeism, outcomes of arrests for violent crime, summer employment, and postsecondary education enrollment of such students; (D) the number of contact hours between such students and their success coaches; (E) the number of students with disabilities connected to transition services; (F) data on social-emotional development of students as assessed with a validated social-emotional assessment tool; and (G) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. (2) Secretary \n(A) Interim report \nAt the end of the third fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress an interim report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (B) Final report \nAt the end of the fifth fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress a final report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (f) Mentoring resources and community service coordination \nThe Secretary shall work with the Office of Juvenile Justice and Delinquency Prevention to— (1) refer grantees under this section to the National Mentoring Resource Center to obtain resources on best practices and research related to mentoring and to request no-cost training and technical assistance; and (2) provide grantees under this section with information regarding transitional services for eligible students returning from correctional facilities and transition services for students with disabilities. (g) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means— (A) a local educational agency that— (i) receives, or is eligible to receive, funds under part A of this title; or (ii) is a high-need local educational agency; or (B) a partnership between a local educational agency described in subparagraph (A) and a nonprofit, community-based organization. (2) Eligible student \nThe term eligible student means a student who— (A) is enrolled in a middle school served by an eligible entity; and (B) is an at-risk student. (3) High-need local educational agency \nThe term high-need local educational agency means a local educational agency that serves at least one high-need school. (4) High-need school \nThe term high-need school has the meaning given the term in section 2211(b)(2). (5) Middle school \nThe term middle school means a nonprofit institutional day or residential school, including a public charter school, that provides middle school education, as determined under State law, except that the term does not include any education below grade 6 or beyond grade 9. (6) School-based mentoring \nThe term school-based mentoring means mentoring activities that— (A) are closely coordinated with a school by involving teachers, counselors, and other school staff who may identify and refer students for mentoring services; and (B) assist at-risk students in improving academic achievement and attitudes toward school and reducing disciplinary referrals. (7) Success coach \nThe term success coach means an individual who— (A) is— (i) an employee or volunteer of a local educational agency in which a mentoring program receiving support under this section is being carried out; or (ii) a volunteer or employee from a nonprofit, community-based organization that provides volunteers for mentoring programs in secondary schools; and (B) prior to becoming a success coach— (i) received training from an eligible entity, which, at a minimum, was 2 hours in length and covered the roles and responsibilities of a success coach; and (ii) underwent a screening by an eligible entity that included— (I) appropriate job reference checks; (II) child and domestic abuse record checks; and (III) criminal background checks.. (b) Table of contents \nThe table of contents in section 2 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by inserting after the item relating to section 1432 the following: Subpart 4—Transition-to-Success Mentoring Program Sec. 1441. Transition-to-success mentoring program..", "id": "H1A50B1AE4F204A59AA06AC9B49081961", "header": "Transition-to-Success Mentoring Program", "nested": [ { "text": "(a) Transition-to-Success Mentoring Program \nPart D of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6421 et seq. ) is amended by adding at the end the following: 4 Transition-to-Success Mentoring Program \n1441. Transition-to-Success Mentoring Program \n(a) In general \nThe Secretary shall award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist eligible students with the transition from middle school to high school. (b) Application \n(1) In general \nTo receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Priority \nIn selecting grant recipients, the Secretary shall give priority to eligible entities that— (A) serve children and youth with the greatest need living in high-poverty, high-crime areas, or rural areas, or who attend schools with high rates of community violence; (B) provide eligible students with opportunities for postsecondary education preparation and career development, including— (i) job training, professional development, work shadowing, internships, networking, résumé writing and review, interview preparation, transition services for students with disabilities, application assistance and visits to institutions of higher education, and leadership development through community service; and (ii) partnerships with the private sector and local businesses to provide internship and career exploration activities and resources; (C) seek to provide match lengths between eligible students and success coaches for at least 1 academic year; and (D) indicate how, and the degree to which, children were consulted and engaged in the development, design, and implementation of the school-based mentoring program. (c) Uses of funds \n(1) Required uses of funds \nAn eligible entity that receives a grant under this section shall use the grant funds to establish a school-based mentoring program, or to expand or provide technical support to an existing school-based mentoring program, in all middle schools served by the entity, under which each eligible student is assigned to a success coach who— (A) creates a plan for success for the student that— (i) is created with the student, mentor, relevant school staff (such as a teacher or school counselor), and parents of the student; (ii) includes, for each academic year, the student’s academic, personal, college, and career exploration goals, and a strategy on how to accomplish such goals; (iii) identifies the student’s strengths, areas for improvement, and academic progress; and (iv) includes a plan to educate and support the student’s college or career exploration goals; (B) enters into a signed, written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success; (C) meets with the student at least once per month to— (i) assist the student in achieving the goals under the plan for success; (ii) identify the student’s academic areas for improvement; (iii) connect the student with the tools and resources necessary to help improve the student’s potential for academic success; (iv) ensure the student’s successful transition from middle school to high school by identifying opportunities to help the student develop a positive attitude toward school, improve classroom behavior, complete coursework, and socialize with peers; and (v) in the case of a student with behavioral issues, assist the student in behavior management techniques; (D) at least quarterly, meets with the student and the parents, teachers, or counselors of the student to— (i) evaluate the student’s progress in achieving the goals under the plan for the current academic year; and (ii) revise or establish new goals for the next academic year; and (E) assists the student in exploring higher education and career exposure opportunities. (2) Authorized uses of funds \nAn eligible entity that receives a grant under this section may use such funds to— (A) develop and carry out regular training for success coaches, including on— (i) the impact of adverse childhood experiences; (ii) trauma-informed practices and interventions; (iii) supporting homeless children and youths; (iv) supporting children and youth in foster care; (v) cultural competency; (vi) meeting all appropriate privacy and confidentiality requirements for students, including students in foster care; (vii) working in coordination with a public school system; (viii) positive youth development and engagement practices; and (ix) disability inclusion practices to ensure access and participation by students with disabilities; (B) recruit, screen, match, compensate, and train success coaches, and pay for costs related to success coach and mentee participation in the program; (C) hire staff to perform or support the objectives of the school-based mentoring program; (D) provide inclusive and accessible youth engagement activities, such as— (i) enrichment field trips to cultural destinations; (ii) career awareness activities, including job site visits, informational interviews, résumé writing, interview preparation, and networking; and (iii) academic or postsecondary education preparation activities, including trade or vocational school visits, visits to institutions of higher education, and assistance in applying to institutions of higher education; (E) provide activities or programming with the purpose of engaging and connecting the student to the school community; and (F) conduct program evaluation, including by acquiring and analyzing the data described under subsection (e). (d) Grant Duration \nA grant under this section shall be awarded for a period of not more than 5 years. (e) Reporting requirements \n(1) Eligible entities \nAn eligible entity receiving a grant under this section shall submit to the Secretary, at the end of each academic year during the grant period, a report that includes— (A) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds under this section; (B) demographic data on such students; (C) data on the academic achievement, dropout rates, truancy, absenteeism, outcomes of arrests for violent crime, summer employment, and postsecondary education enrollment of such students; (D) the number of contact hours between such students and their success coaches; (E) the number of students with disabilities connected to transition services; (F) data on social-emotional development of students as assessed with a validated social-emotional assessment tool; and (G) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. (2) Secretary \n(A) Interim report \nAt the end of the third fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress an interim report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (B) Final report \nAt the end of the fifth fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress a final report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (f) Mentoring resources and community service coordination \nThe Secretary shall work with the Office of Juvenile Justice and Delinquency Prevention to— (1) refer grantees under this section to the National Mentoring Resource Center to obtain resources on best practices and research related to mentoring and to request no-cost training and technical assistance; and (2) provide grantees under this section with information regarding transitional services for eligible students returning from correctional facilities and transition services for students with disabilities. (g) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means— (A) a local educational agency that— (i) receives, or is eligible to receive, funds under part A of this title; or (ii) is a high-need local educational agency; or (B) a partnership between a local educational agency described in subparagraph (A) and a nonprofit, community-based organization. (2) Eligible student \nThe term eligible student means a student who— (A) is enrolled in a middle school served by an eligible entity; and (B) is an at-risk student. (3) High-need local educational agency \nThe term high-need local educational agency means a local educational agency that serves at least one high-need school. (4) High-need school \nThe term high-need school has the meaning given the term in section 2211(b)(2). (5) Middle school \nThe term middle school means a nonprofit institutional day or residential school, including a public charter school, that provides middle school education, as determined under State law, except that the term does not include any education below grade 6 or beyond grade 9. (6) School-based mentoring \nThe term school-based mentoring means mentoring activities that— (A) are closely coordinated with a school by involving teachers, counselors, and other school staff who may identify and refer students for mentoring services; and (B) assist at-risk students in improving academic achievement and attitudes toward school and reducing disciplinary referrals. (7) Success coach \nThe term success coach means an individual who— (A) is— (i) an employee or volunteer of a local educational agency in which a mentoring program receiving support under this section is being carried out; or (ii) a volunteer or employee from a nonprofit, community-based organization that provides volunteers for mentoring programs in secondary schools; and (B) prior to becoming a success coach— (i) received training from an eligible entity, which, at a minimum, was 2 hours in length and covered the roles and responsibilities of a success coach; and (ii) underwent a screening by an eligible entity that included— (I) appropriate job reference checks; (II) child and domestic abuse record checks; and (III) criminal background checks..", "id": "H560D021327A748069105385267F48D5D", "header": "Transition-to-Success Mentoring Program", "nested": [], "links": [ { "text": "20 U.S.C. 6421 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6421" } ] }, { "text": "(b) Table of contents \nThe table of contents in section 2 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by inserting after the item relating to section 1432 the following: Subpart 4—Transition-to-Success Mentoring Program Sec. 1441. Transition-to-success mentoring program..", "id": "HBE7C569C9FBF4E8488B166B0F88F5A20", "header": "Table of contents", "nested": [], "links": [ { "text": "20 U.S.C. 6301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6301" } ] } ], "links": [ { "text": "20 U.S.C. 6421 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6421" }, { "text": "20 U.S.C. 6301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6301" } ] }, { "text": "1441. Transition-to-Success Mentoring Program \n(a) In general \nThe Secretary shall award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist eligible students with the transition from middle school to high school. (b) Application \n(1) In general \nTo receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Priority \nIn selecting grant recipients, the Secretary shall give priority to eligible entities that— (A) serve children and youth with the greatest need living in high-poverty, high-crime areas, or rural areas, or who attend schools with high rates of community violence; (B) provide eligible students with opportunities for postsecondary education preparation and career development, including— (i) job training, professional development, work shadowing, internships, networking, résumé writing and review, interview preparation, transition services for students with disabilities, application assistance and visits to institutions of higher education, and leadership development through community service; and (ii) partnerships with the private sector and local businesses to provide internship and career exploration activities and resources; (C) seek to provide match lengths between eligible students and success coaches for at least 1 academic year; and (D) indicate how, and the degree to which, children were consulted and engaged in the development, design, and implementation of the school-based mentoring program. (c) Uses of funds \n(1) Required uses of funds \nAn eligible entity that receives a grant under this section shall use the grant funds to establish a school-based mentoring program, or to expand or provide technical support to an existing school-based mentoring program, in all middle schools served by the entity, under which each eligible student is assigned to a success coach who— (A) creates a plan for success for the student that— (i) is created with the student, mentor, relevant school staff (such as a teacher or school counselor), and parents of the student; (ii) includes, for each academic year, the student’s academic, personal, college, and career exploration goals, and a strategy on how to accomplish such goals; (iii) identifies the student’s strengths, areas for improvement, and academic progress; and (iv) includes a plan to educate and support the student’s college or career exploration goals; (B) enters into a signed, written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success; (C) meets with the student at least once per month to— (i) assist the student in achieving the goals under the plan for success; (ii) identify the student’s academic areas for improvement; (iii) connect the student with the tools and resources necessary to help improve the student’s potential for academic success; (iv) ensure the student’s successful transition from middle school to high school by identifying opportunities to help the student develop a positive attitude toward school, improve classroom behavior, complete coursework, and socialize with peers; and (v) in the case of a student with behavioral issues, assist the student in behavior management techniques; (D) at least quarterly, meets with the student and the parents, teachers, or counselors of the student to— (i) evaluate the student’s progress in achieving the goals under the plan for the current academic year; and (ii) revise or establish new goals for the next academic year; and (E) assists the student in exploring higher education and career exposure opportunities. (2) Authorized uses of funds \nAn eligible entity that receives a grant under this section may use such funds to— (A) develop and carry out regular training for success coaches, including on— (i) the impact of adverse childhood experiences; (ii) trauma-informed practices and interventions; (iii) supporting homeless children and youths; (iv) supporting children and youth in foster care; (v) cultural competency; (vi) meeting all appropriate privacy and confidentiality requirements for students, including students in foster care; (vii) working in coordination with a public school system; (viii) positive youth development and engagement practices; and (ix) disability inclusion practices to ensure access and participation by students with disabilities; (B) recruit, screen, match, compensate, and train success coaches, and pay for costs related to success coach and mentee participation in the program; (C) hire staff to perform or support the objectives of the school-based mentoring program; (D) provide inclusive and accessible youth engagement activities, such as— (i) enrichment field trips to cultural destinations; (ii) career awareness activities, including job site visits, informational interviews, résumé writing, interview preparation, and networking; and (iii) academic or postsecondary education preparation activities, including trade or vocational school visits, visits to institutions of higher education, and assistance in applying to institutions of higher education; (E) provide activities or programming with the purpose of engaging and connecting the student to the school community; and (F) conduct program evaluation, including by acquiring and analyzing the data described under subsection (e). (d) Grant Duration \nA grant under this section shall be awarded for a period of not more than 5 years. (e) Reporting requirements \n(1) Eligible entities \nAn eligible entity receiving a grant under this section shall submit to the Secretary, at the end of each academic year during the grant period, a report that includes— (A) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds under this section; (B) demographic data on such students; (C) data on the academic achievement, dropout rates, truancy, absenteeism, outcomes of arrests for violent crime, summer employment, and postsecondary education enrollment of such students; (D) the number of contact hours between such students and their success coaches; (E) the number of students with disabilities connected to transition services; (F) data on social-emotional development of students as assessed with a validated social-emotional assessment tool; and (G) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. (2) Secretary \n(A) Interim report \nAt the end of the third fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress an interim report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (B) Final report \nAt the end of the fifth fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress a final report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (f) Mentoring resources and community service coordination \nThe Secretary shall work with the Office of Juvenile Justice and Delinquency Prevention to— (1) refer grantees under this section to the National Mentoring Resource Center to obtain resources on best practices and research related to mentoring and to request no-cost training and technical assistance; and (2) provide grantees under this section with information regarding transitional services for eligible students returning from correctional facilities and transition services for students with disabilities. (g) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means— (A) a local educational agency that— (i) receives, or is eligible to receive, funds under part A of this title; or (ii) is a high-need local educational agency; or (B) a partnership between a local educational agency described in subparagraph (A) and a nonprofit, community-based organization. (2) Eligible student \nThe term eligible student means a student who— (A) is enrolled in a middle school served by an eligible entity; and (B) is an at-risk student. (3) High-need local educational agency \nThe term high-need local educational agency means a local educational agency that serves at least one high-need school. (4) High-need school \nThe term high-need school has the meaning given the term in section 2211(b)(2). (5) Middle school \nThe term middle school means a nonprofit institutional day or residential school, including a public charter school, that provides middle school education, as determined under State law, except that the term does not include any education below grade 6 or beyond grade 9. (6) School-based mentoring \nThe term school-based mentoring means mentoring activities that— (A) are closely coordinated with a school by involving teachers, counselors, and other school staff who may identify and refer students for mentoring services; and (B) assist at-risk students in improving academic achievement and attitudes toward school and reducing disciplinary referrals. (7) Success coach \nThe term success coach means an individual who— (A) is— (i) an employee or volunteer of a local educational agency in which a mentoring program receiving support under this section is being carried out; or (ii) a volunteer or employee from a nonprofit, community-based organization that provides volunteers for mentoring programs in secondary schools; and (B) prior to becoming a success coach— (i) received training from an eligible entity, which, at a minimum, was 2 hours in length and covered the roles and responsibilities of a success coach; and (ii) underwent a screening by an eligible entity that included— (I) appropriate job reference checks; (II) child and domestic abuse record checks; and (III) criminal background checks.", "id": "HC88FF57EEE91404EA756DE9E08CD49A3", "header": "Transition-to-Success Mentoring Program", "nested": [ { "text": "(a) In general \nThe Secretary shall award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist eligible students with the transition from middle school to high school.", "id": "H6528FB80A3F54E45ABDB390E99FBE2D8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application \n(1) In general \nTo receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Priority \nIn selecting grant recipients, the Secretary shall give priority to eligible entities that— (A) serve children and youth with the greatest need living in high-poverty, high-crime areas, or rural areas, or who attend schools with high rates of community violence; (B) provide eligible students with opportunities for postsecondary education preparation and career development, including— (i) job training, professional development, work shadowing, internships, networking, résumé writing and review, interview preparation, transition services for students with disabilities, application assistance and visits to institutions of higher education, and leadership development through community service; and (ii) partnerships with the private sector and local businesses to provide internship and career exploration activities and resources; (C) seek to provide match lengths between eligible students and success coaches for at least 1 academic year; and (D) indicate how, and the degree to which, children were consulted and engaged in the development, design, and implementation of the school-based mentoring program.", "id": "H84E47213383347D8958B21BFAF08FF8A", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Uses of funds \n(1) Required uses of funds \nAn eligible entity that receives a grant under this section shall use the grant funds to establish a school-based mentoring program, or to expand or provide technical support to an existing school-based mentoring program, in all middle schools served by the entity, under which each eligible student is assigned to a success coach who— (A) creates a plan for success for the student that— (i) is created with the student, mentor, relevant school staff (such as a teacher or school counselor), and parents of the student; (ii) includes, for each academic year, the student’s academic, personal, college, and career exploration goals, and a strategy on how to accomplish such goals; (iii) identifies the student’s strengths, areas for improvement, and academic progress; and (iv) includes a plan to educate and support the student’s college or career exploration goals; (B) enters into a signed, written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success; (C) meets with the student at least once per month to— (i) assist the student in achieving the goals under the plan for success; (ii) identify the student’s academic areas for improvement; (iii) connect the student with the tools and resources necessary to help improve the student’s potential for academic success; (iv) ensure the student’s successful transition from middle school to high school by identifying opportunities to help the student develop a positive attitude toward school, improve classroom behavior, complete coursework, and socialize with peers; and (v) in the case of a student with behavioral issues, assist the student in behavior management techniques; (D) at least quarterly, meets with the student and the parents, teachers, or counselors of the student to— (i) evaluate the student’s progress in achieving the goals under the plan for the current academic year; and (ii) revise or establish new goals for the next academic year; and (E) assists the student in exploring higher education and career exposure opportunities. (2) Authorized uses of funds \nAn eligible entity that receives a grant under this section may use such funds to— (A) develop and carry out regular training for success coaches, including on— (i) the impact of adverse childhood experiences; (ii) trauma-informed practices and interventions; (iii) supporting homeless children and youths; (iv) supporting children and youth in foster care; (v) cultural competency; (vi) meeting all appropriate privacy and confidentiality requirements for students, including students in foster care; (vii) working in coordination with a public school system; (viii) positive youth development and engagement practices; and (ix) disability inclusion practices to ensure access and participation by students with disabilities; (B) recruit, screen, match, compensate, and train success coaches, and pay for costs related to success coach and mentee participation in the program; (C) hire staff to perform or support the objectives of the school-based mentoring program; (D) provide inclusive and accessible youth engagement activities, such as— (i) enrichment field trips to cultural destinations; (ii) career awareness activities, including job site visits, informational interviews, résumé writing, interview preparation, and networking; and (iii) academic or postsecondary education preparation activities, including trade or vocational school visits, visits to institutions of higher education, and assistance in applying to institutions of higher education; (E) provide activities or programming with the purpose of engaging and connecting the student to the school community; and (F) conduct program evaluation, including by acquiring and analyzing the data described under subsection (e).", "id": "HCFFB06CC2F2F4B328433CD4AD556A709", "header": "Uses of funds", "nested": [], "links": [] }, { "text": "(d) Grant Duration \nA grant under this section shall be awarded for a period of not more than 5 years.", "id": "HD15497F839DE49A0BA1C8C7180E35DF7", "header": "Grant Duration", "nested": [], "links": [] }, { "text": "(e) Reporting requirements \n(1) Eligible entities \nAn eligible entity receiving a grant under this section shall submit to the Secretary, at the end of each academic year during the grant period, a report that includes— (A) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds under this section; (B) demographic data on such students; (C) data on the academic achievement, dropout rates, truancy, absenteeism, outcomes of arrests for violent crime, summer employment, and postsecondary education enrollment of such students; (D) the number of contact hours between such students and their success coaches; (E) the number of students with disabilities connected to transition services; (F) data on social-emotional development of students as assessed with a validated social-emotional assessment tool; and (G) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. (2) Secretary \n(A) Interim report \nAt the end of the third fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress an interim report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (B) Final report \nAt the end of the fifth fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress a final report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1).", "id": "H68AD3BCFDE8E45E4B2DC62D7F7D5E882", "header": "Reporting requirements", "nested": [], "links": [] }, { "text": "(f) Mentoring resources and community service coordination \nThe Secretary shall work with the Office of Juvenile Justice and Delinquency Prevention to— (1) refer grantees under this section to the National Mentoring Resource Center to obtain resources on best practices and research related to mentoring and to request no-cost training and technical assistance; and (2) provide grantees under this section with information regarding transitional services for eligible students returning from correctional facilities and transition services for students with disabilities.", "id": "H81175563B33C4D82B2A4B8A80E18EAEE", "header": "Mentoring resources and community service coordination", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means— (A) a local educational agency that— (i) receives, or is eligible to receive, funds under part A of this title; or (ii) is a high-need local educational agency; or (B) a partnership between a local educational agency described in subparagraph (A) and a nonprofit, community-based organization. (2) Eligible student \nThe term eligible student means a student who— (A) is enrolled in a middle school served by an eligible entity; and (B) is an at-risk student. (3) High-need local educational agency \nThe term high-need local educational agency means a local educational agency that serves at least one high-need school. (4) High-need school \nThe term high-need school has the meaning given the term in section 2211(b)(2). (5) Middle school \nThe term middle school means a nonprofit institutional day or residential school, including a public charter school, that provides middle school education, as determined under State law, except that the term does not include any education below grade 6 or beyond grade 9. (6) School-based mentoring \nThe term school-based mentoring means mentoring activities that— (A) are closely coordinated with a school by involving teachers, counselors, and other school staff who may identify and refer students for mentoring services; and (B) assist at-risk students in improving academic achievement and attitudes toward school and reducing disciplinary referrals. (7) Success coach \nThe term success coach means an individual who— (A) is— (i) an employee or volunteer of a local educational agency in which a mentoring program receiving support under this section is being carried out; or (ii) a volunteer or employee from a nonprofit, community-based organization that provides volunteers for mentoring programs in secondary schools; and (B) prior to becoming a success coach— (i) received training from an eligible entity, which, at a minimum, was 2 hours in length and covered the roles and responsibilities of a success coach; and (ii) underwent a screening by an eligible entity that included— (I) appropriate job reference checks; (II) child and domestic abuse record checks; and (III) criminal background checks.", "id": "H5CF3AE70EB234855A861A0B76C9A3157", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Transition-to-Success Mentoring Act. 2. Transition-to-Success Mentoring Program (a) Transition-to-Success Mentoring Program Part D of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6421 et seq. ) is amended by adding at the end the following: 4 Transition-to-Success Mentoring Program 1441. Transition-to-Success Mentoring Program (a) In general The Secretary shall award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist eligible students with the transition from middle school to high school. (b) Application (1) In general To receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Priority In selecting grant recipients, the Secretary shall give priority to eligible entities that— (A) serve children and youth with the greatest need living in high-poverty, high-crime areas, or rural areas, or who attend schools with high rates of community violence; (B) provide eligible students with opportunities for postsecondary education preparation and career development, including— (i) job training, professional development, work shadowing, internships, networking, résumé writing and review, interview preparation, transition services for students with disabilities, application assistance and visits to institutions of higher education, and leadership development through community service; and (ii) partnerships with the private sector and local businesses to provide internship and career exploration activities and resources; (C) seek to provide match lengths between eligible students and success coaches for at least 1 academic year; and (D) indicate how, and the degree to which, children were consulted and engaged in the development, design, and implementation of the school-based mentoring program. (c) Uses of funds (1) Required uses of funds An eligible entity that receives a grant under this section shall use the grant funds to establish a school-based mentoring program, or to expand or provide technical support to an existing school-based mentoring program, in all middle schools served by the entity, under which each eligible student is assigned to a success coach who— (A) creates a plan for success for the student that— (i) is created with the student, mentor, relevant school staff (such as a teacher or school counselor), and parents of the student; (ii) includes, for each academic year, the student’s academic, personal, college, and career exploration goals, and a strategy on how to accomplish such goals; (iii) identifies the student’s strengths, areas for improvement, and academic progress; and (iv) includes a plan to educate and support the student’s college or career exploration goals; (B) enters into a signed, written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success; (C) meets with the student at least once per month to— (i) assist the student in achieving the goals under the plan for success; (ii) identify the student’s academic areas for improvement; (iii) connect the student with the tools and resources necessary to help improve the student’s potential for academic success; (iv) ensure the student’s successful transition from middle school to high school by identifying opportunities to help the student develop a positive attitude toward school, improve classroom behavior, complete coursework, and socialize with peers; and (v) in the case of a student with behavioral issues, assist the student in behavior management techniques; (D) at least quarterly, meets with the student and the parents, teachers, or counselors of the student to— (i) evaluate the student’s progress in achieving the goals under the plan for the current academic year; and (ii) revise or establish new goals for the next academic year; and (E) assists the student in exploring higher education and career exposure opportunities. (2) Authorized uses of funds An eligible entity that receives a grant under this section may use such funds to— (A) develop and carry out regular training for success coaches, including on— (i) the impact of adverse childhood experiences; (ii) trauma-informed practices and interventions; (iii) supporting homeless children and youths; (iv) supporting children and youth in foster care; (v) cultural competency; (vi) meeting all appropriate privacy and confidentiality requirements for students, including students in foster care; (vii) working in coordination with a public school system; (viii) positive youth development and engagement practices; and (ix) disability inclusion practices to ensure access and participation by students with disabilities; (B) recruit, screen, match, compensate, and train success coaches, and pay for costs related to success coach and mentee participation in the program; (C) hire staff to perform or support the objectives of the school-based mentoring program; (D) provide inclusive and accessible youth engagement activities, such as— (i) enrichment field trips to cultural destinations; (ii) career awareness activities, including job site visits, informational interviews, résumé writing, interview preparation, and networking; and (iii) academic or postsecondary education preparation activities, including trade or vocational school visits, visits to institutions of higher education, and assistance in applying to institutions of higher education; (E) provide activities or programming with the purpose of engaging and connecting the student to the school community; and (F) conduct program evaluation, including by acquiring and analyzing the data described under subsection (e). (d) Grant Duration A grant under this section shall be awarded for a period of not more than 5 years. (e) Reporting requirements (1) Eligible entities An eligible entity receiving a grant under this section shall submit to the Secretary, at the end of each academic year during the grant period, a report that includes— (A) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds under this section; (B) demographic data on such students; (C) data on the academic achievement, dropout rates, truancy, absenteeism, outcomes of arrests for violent crime, summer employment, and postsecondary education enrollment of such students; (D) the number of contact hours between such students and their success coaches; (E) the number of students with disabilities connected to transition services; (F) data on social-emotional development of students as assessed with a validated social-emotional assessment tool; and (G) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. (2) Secretary (A) Interim report At the end of the third fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress an interim report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (B) Final report At the end of the fifth fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress a final report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (f) Mentoring resources and community service coordination The Secretary shall work with the Office of Juvenile Justice and Delinquency Prevention to— (1) refer grantees under this section to the National Mentoring Resource Center to obtain resources on best practices and research related to mentoring and to request no-cost training and technical assistance; and (2) provide grantees under this section with information regarding transitional services for eligible students returning from correctional facilities and transition services for students with disabilities. (g) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency that— (i) receives, or is eligible to receive, funds under part A of this title; or (ii) is a high-need local educational agency; or (B) a partnership between a local educational agency described in subparagraph (A) and a nonprofit, community-based organization. (2) Eligible student The term eligible student means a student who— (A) is enrolled in a middle school served by an eligible entity; and (B) is an at-risk student. (3) High-need local educational agency The term high-need local educational agency means a local educational agency that serves at least one high-need school. (4) High-need school The term high-need school has the meaning given the term in section 2211(b)(2). (5) Middle school The term middle school means a nonprofit institutional day or residential school, including a public charter school, that provides middle school education, as determined under State law, except that the term does not include any education below grade 6 or beyond grade 9. (6) School-based mentoring The term school-based mentoring means mentoring activities that— (A) are closely coordinated with a school by involving teachers, counselors, and other school staff who may identify and refer students for mentoring services; and (B) assist at-risk students in improving academic achievement and attitudes toward school and reducing disciplinary referrals. (7) Success coach The term success coach means an individual who— (A) is— (i) an employee or volunteer of a local educational agency in which a mentoring program receiving support under this section is being carried out; or (ii) a volunteer or employee from a nonprofit, community-based organization that provides volunteers for mentoring programs in secondary schools; and (B) prior to becoming a success coach— (i) received training from an eligible entity, which, at a minimum, was 2 hours in length and covered the roles and responsibilities of a success coach; and (ii) underwent a screening by an eligible entity that included— (I) appropriate job reference checks; (II) child and domestic abuse record checks; and (III) criminal background checks.. (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by inserting after the item relating to section 1432 the following: Subpart 4—Transition-to-Success Mentoring Program Sec. 1441. Transition-to-success mentoring program.. 1441. Transition-to-Success Mentoring Program (a) In general The Secretary shall award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist eligible students with the transition from middle school to high school. (b) Application (1) In general To receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Priority In selecting grant recipients, the Secretary shall give priority to eligible entities that— (A) serve children and youth with the greatest need living in high-poverty, high-crime areas, or rural areas, or who attend schools with high rates of community violence; (B) provide eligible students with opportunities for postsecondary education preparation and career development, including— (i) job training, professional development, work shadowing, internships, networking, résumé writing and review, interview preparation, transition services for students with disabilities, application assistance and visits to institutions of higher education, and leadership development through community service; and (ii) partnerships with the private sector and local businesses to provide internship and career exploration activities and resources; (C) seek to provide match lengths between eligible students and success coaches for at least 1 academic year; and (D) indicate how, and the degree to which, children were consulted and engaged in the development, design, and implementation of the school-based mentoring program. (c) Uses of funds (1) Required uses of funds An eligible entity that receives a grant under this section shall use the grant funds to establish a school-based mentoring program, or to expand or provide technical support to an existing school-based mentoring program, in all middle schools served by the entity, under which each eligible student is assigned to a success coach who— (A) creates a plan for success for the student that— (i) is created with the student, mentor, relevant school staff (such as a teacher or school counselor), and parents of the student; (ii) includes, for each academic year, the student’s academic, personal, college, and career exploration goals, and a strategy on how to accomplish such goals; (iii) identifies the student’s strengths, areas for improvement, and academic progress; and (iv) includes a plan to educate and support the student’s college or career exploration goals; (B) enters into a signed, written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success; (C) meets with the student at least once per month to— (i) assist the student in achieving the goals under the plan for success; (ii) identify the student’s academic areas for improvement; (iii) connect the student with the tools and resources necessary to help improve the student’s potential for academic success; (iv) ensure the student’s successful transition from middle school to high school by identifying opportunities to help the student develop a positive attitude toward school, improve classroom behavior, complete coursework, and socialize with peers; and (v) in the case of a student with behavioral issues, assist the student in behavior management techniques; (D) at least quarterly, meets with the student and the parents, teachers, or counselors of the student to— (i) evaluate the student’s progress in achieving the goals under the plan for the current academic year; and (ii) revise or establish new goals for the next academic year; and (E) assists the student in exploring higher education and career exposure opportunities. (2) Authorized uses of funds An eligible entity that receives a grant under this section may use such funds to— (A) develop and carry out regular training for success coaches, including on— (i) the impact of adverse childhood experiences; (ii) trauma-informed practices and interventions; (iii) supporting homeless children and youths; (iv) supporting children and youth in foster care; (v) cultural competency; (vi) meeting all appropriate privacy and confidentiality requirements for students, including students in foster care; (vii) working in coordination with a public school system; (viii) positive youth development and engagement practices; and (ix) disability inclusion practices to ensure access and participation by students with disabilities; (B) recruit, screen, match, compensate, and train success coaches, and pay for costs related to success coach and mentee participation in the program; (C) hire staff to perform or support the objectives of the school-based mentoring program; (D) provide inclusive and accessible youth engagement activities, such as— (i) enrichment field trips to cultural destinations; (ii) career awareness activities, including job site visits, informational interviews, résumé writing, interview preparation, and networking; and (iii) academic or postsecondary education preparation activities, including trade or vocational school visits, visits to institutions of higher education, and assistance in applying to institutions of higher education; (E) provide activities or programming with the purpose of engaging and connecting the student to the school community; and (F) conduct program evaluation, including by acquiring and analyzing the data described under subsection (e). (d) Grant Duration A grant under this section shall be awarded for a period of not more than 5 years. (e) Reporting requirements (1) Eligible entities An eligible entity receiving a grant under this section shall submit to the Secretary, at the end of each academic year during the grant period, a report that includes— (A) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds under this section; (B) demographic data on such students; (C) data on the academic achievement, dropout rates, truancy, absenteeism, outcomes of arrests for violent crime, summer employment, and postsecondary education enrollment of such students; (D) the number of contact hours between such students and their success coaches; (E) the number of students with disabilities connected to transition services; (F) data on social-emotional development of students as assessed with a validated social-emotional assessment tool; and (G) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. (2) Secretary (A) Interim report At the end of the third fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress an interim report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (B) Final report At the end of the fifth fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress a final report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (f) Mentoring resources and community service coordination The Secretary shall work with the Office of Juvenile Justice and Delinquency Prevention to— (1) refer grantees under this section to the National Mentoring Resource Center to obtain resources on best practices and research related to mentoring and to request no-cost training and technical assistance; and (2) provide grantees under this section with information regarding transitional services for eligible students returning from correctional facilities and transition services for students with disabilities. (g) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency that— (i) receives, or is eligible to receive, funds under part A of this title; or (ii) is a high-need local educational agency; or (B) a partnership between a local educational agency described in subparagraph (A) and a nonprofit, community-based organization. (2) Eligible student The term eligible student means a student who— (A) is enrolled in a middle school served by an eligible entity; and (B) is an at-risk student. (3) High-need local educational agency The term high-need local educational agency means a local educational agency that serves at least one high-need school. (4) High-need school The term high-need school has the meaning given the term in section 2211(b)(2). (5) Middle school The term middle school means a nonprofit institutional day or residential school, including a public charter school, that provides middle school education, as determined under State law, except that the term does not include any education below grade 6 or beyond grade 9. (6) School-based mentoring The term school-based mentoring means mentoring activities that— (A) are closely coordinated with a school by involving teachers, counselors, and other school staff who may identify and refer students for mentoring services; and (B) assist at-risk students in improving academic achievement and attitudes toward school and reducing disciplinary referrals. (7) Success coach The term success coach means an individual who— (A) is— (i) an employee or volunteer of a local educational agency in which a mentoring program receiving support under this section is being carried out; or (ii) a volunteer or employee from a nonprofit, community-based organization that provides volunteers for mentoring programs in secondary schools; and (B) prior to becoming a success coach— (i) received training from an eligible entity, which, at a minimum, was 2 hours in length and covered the roles and responsibilities of a success coach; and (ii) underwent a screening by an eligible entity that included— (I) appropriate job reference checks; (II) child and domestic abuse record checks; and (III) criminal background checks.
20,769
[ "Education and the Workforce Committee" ]
118hr1089ih
118
hr
1,089
ih
To require directors of medical centers of the Department of Veterans Affairs to submit annual fact sheets to the Secretary of Veterans Affairs on the status of such facilities, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the VA Medical Center Facility Transparency Act.", "id": "HD2360297606E4B51B6906B0FA11BE3CD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Information on medical facilities of the Department of Veterans Affairs \n(a) Fact sheets \nThe Secretary of Veterans Affairs shall ensure that each director of a medical center of the Department of Veterans Affairs submits to the Secretary, the Committees on Veterans’ Affairs of the House of Representatives and the Senate, and the appropriate Members of Congress the following: (1) An annual concise, easy-to-read fact sheet containing, with respect to the year covered by the fact sheet each of the following: (A) Statistics regarding— (i) the number of veterans who were treated at a medical facility of the Department under the jurisdiction of the director; (ii) the number of appointments conducted by each such facility; (iii) the most common illnesses or conditions for which treatment was furnished; (iv) the satisfaction of veterans who were treated at each such facility; (v) how each such facility compares with other facilities with respect to the satisfaction of veterans who were treated at the facilities; and (vi) other matters the director determines appropriate. (B) A description of any successes or achievements experienced by such facilities, including— (i) actions taken to improve such facilities; (ii) actions taken to improve the access to and quality of the care provided at such facilities; and (iii) any other accomplishments determined appropriate by the director. (C) A description of special areas of emphasis or specialization by such facilities, such as efforts aimed at meeting the needs of women veterans, suicide prevention and other mental health initiatives, opioid abuse prevention and pain management, or special efforts on veteran homelessness, or other matters as the director determines appropriate. (D) A description of matters concerning such facilities that have previously been identified as deficient and needing remediation that are still in need of such remediation. (2) A quarterly fact sheet containing, with respect to the quarter covered by the fact sheet, the average wait time for veterans to receive treatment at the medical facility of the Department under the jurisdiction of the director. (b) Availability \nEach fact sheet under subsection (a) shall be made publicly available— (1) in a physical form at the relevant medical facility of the Department in a conspicuous location; and (2) in an electronic form on the internet website of the facility. (c) Timing of fact sheets \nThe fact sheets under subsection (a) shall be submitted during the first fiscal year beginning after the date that is 180 days after the date of the enactment of this Act and not less frequently than— (1) once each fiscal year thereafter with respect to the annual fact sheet under paragraph (1) of such subsection; and (2) once each fiscal quarter thereafter with respect to the quarterly fact sheet under paragraph (2) of such subsection. (d) Standardized format \nThe Secretary shall establish a standard format for the fact sheets under subsection (a) to ensure that each director of a medical center of the Department carries out such subsection in a consistent manner. (e) Definitions \nIn this section: (1) The term appropriate Members of Congress means, with respect to a medical facility of the Department of Veterans Affairs about which a fact sheet is submitted under subsection (a), the Senators representing the State, and the Member, Delegate, or Resident Commissioner of the House of Representatives representing the district, that includes the facility. (2) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.", "id": "H433A57D08F9749DCA0927310A4DFFA41", "header": "Information on medical facilities of the Department of Veterans Affairs", "nested": [ { "text": "(a) Fact sheets \nThe Secretary of Veterans Affairs shall ensure that each director of a medical center of the Department of Veterans Affairs submits to the Secretary, the Committees on Veterans’ Affairs of the House of Representatives and the Senate, and the appropriate Members of Congress the following: (1) An annual concise, easy-to-read fact sheet containing, with respect to the year covered by the fact sheet each of the following: (A) Statistics regarding— (i) the number of veterans who were treated at a medical facility of the Department under the jurisdiction of the director; (ii) the number of appointments conducted by each such facility; (iii) the most common illnesses or conditions for which treatment was furnished; (iv) the satisfaction of veterans who were treated at each such facility; (v) how each such facility compares with other facilities with respect to the satisfaction of veterans who were treated at the facilities; and (vi) other matters the director determines appropriate. (B) A description of any successes or achievements experienced by such facilities, including— (i) actions taken to improve such facilities; (ii) actions taken to improve the access to and quality of the care provided at such facilities; and (iii) any other accomplishments determined appropriate by the director. (C) A description of special areas of emphasis or specialization by such facilities, such as efforts aimed at meeting the needs of women veterans, suicide prevention and other mental health initiatives, opioid abuse prevention and pain management, or special efforts on veteran homelessness, or other matters as the director determines appropriate. (D) A description of matters concerning such facilities that have previously been identified as deficient and needing remediation that are still in need of such remediation. (2) A quarterly fact sheet containing, with respect to the quarter covered by the fact sheet, the average wait time for veterans to receive treatment at the medical facility of the Department under the jurisdiction of the director.", "id": "HDD85B0B84B9145BB9832FEA6953DD4BF", "header": "Fact sheets", "nested": [], "links": [] }, { "text": "(b) Availability \nEach fact sheet under subsection (a) shall be made publicly available— (1) in a physical form at the relevant medical facility of the Department in a conspicuous location; and (2) in an electronic form on the internet website of the facility.", "id": "H10DA27DE6F4444BF978CC13A3853CC62", "header": "Availability", "nested": [], "links": [] }, { "text": "(c) Timing of fact sheets \nThe fact sheets under subsection (a) shall be submitted during the first fiscal year beginning after the date that is 180 days after the date of the enactment of this Act and not less frequently than— (1) once each fiscal year thereafter with respect to the annual fact sheet under paragraph (1) of such subsection; and (2) once each fiscal quarter thereafter with respect to the quarterly fact sheet under paragraph (2) of such subsection.", "id": "HAF68F2BA815A44EDA4DC94F4DA76F786", "header": "Timing of fact sheets", "nested": [], "links": [] }, { "text": "(d) Standardized format \nThe Secretary shall establish a standard format for the fact sheets under subsection (a) to ensure that each director of a medical center of the Department carries out such subsection in a consistent manner.", "id": "H3A1C84AEF2E249579BBAB5926CE64925", "header": "Standardized format", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) The term appropriate Members of Congress means, with respect to a medical facility of the Department of Veterans Affairs about which a fact sheet is submitted under subsection (a), the Senators representing the State, and the Member, Delegate, or Resident Commissioner of the House of Representatives representing the district, that includes the facility. (2) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.", "id": "HEC29CD4770B845D1B995DE0786090522", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the VA Medical Center Facility Transparency Act. 2. Information on medical facilities of the Department of Veterans Affairs (a) Fact sheets The Secretary of Veterans Affairs shall ensure that each director of a medical center of the Department of Veterans Affairs submits to the Secretary, the Committees on Veterans’ Affairs of the House of Representatives and the Senate, and the appropriate Members of Congress the following: (1) An annual concise, easy-to-read fact sheet containing, with respect to the year covered by the fact sheet each of the following: (A) Statistics regarding— (i) the number of veterans who were treated at a medical facility of the Department under the jurisdiction of the director; (ii) the number of appointments conducted by each such facility; (iii) the most common illnesses or conditions for which treatment was furnished; (iv) the satisfaction of veterans who were treated at each such facility; (v) how each such facility compares with other facilities with respect to the satisfaction of veterans who were treated at the facilities; and (vi) other matters the director determines appropriate. (B) A description of any successes or achievements experienced by such facilities, including— (i) actions taken to improve such facilities; (ii) actions taken to improve the access to and quality of the care provided at such facilities; and (iii) any other accomplishments determined appropriate by the director. (C) A description of special areas of emphasis or specialization by such facilities, such as efforts aimed at meeting the needs of women veterans, suicide prevention and other mental health initiatives, opioid abuse prevention and pain management, or special efforts on veteran homelessness, or other matters as the director determines appropriate. (D) A description of matters concerning such facilities that have previously been identified as deficient and needing remediation that are still in need of such remediation. (2) A quarterly fact sheet containing, with respect to the quarter covered by the fact sheet, the average wait time for veterans to receive treatment at the medical facility of the Department under the jurisdiction of the director. (b) Availability Each fact sheet under subsection (a) shall be made publicly available— (1) in a physical form at the relevant medical facility of the Department in a conspicuous location; and (2) in an electronic form on the internet website of the facility. (c) Timing of fact sheets The fact sheets under subsection (a) shall be submitted during the first fiscal year beginning after the date that is 180 days after the date of the enactment of this Act and not less frequently than— (1) once each fiscal year thereafter with respect to the annual fact sheet under paragraph (1) of such subsection; and (2) once each fiscal quarter thereafter with respect to the quarterly fact sheet under paragraph (2) of such subsection. (d) Standardized format The Secretary shall establish a standard format for the fact sheets under subsection (a) to ensure that each director of a medical center of the Department carries out such subsection in a consistent manner. (e) Definitions In this section: (1) The term appropriate Members of Congress means, with respect to a medical facility of the Department of Veterans Affairs about which a fact sheet is submitted under subsection (a), the Senators representing the State, and the Member, Delegate, or Resident Commissioner of the House of Representatives representing the district, that includes the facility. (2) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
3,763
[ "Veterans' Affairs Committee" ]
118hr5317ih
118
hr
5,317
ih
To amend the Internal Revenue Code of 1986 to allow distributions from a health flexible spending arrangement or health reimbursement arrangement directly to a health savings account in connection with establishing coverage under a high deductible health plan.
[ { "text": "1. FSA and HRA terminations or conversions to fund HSAs \n(a) In general \nSection 106(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Qualified HSA distribution \nFor purposes of this subsection— (A) In general \nThe term qualified HSA distribution means, with respect to any employee, a distribution from a health flexible spending arrangement or health reimbursement arrangement of such employee directly to a health savings account of such employee if— (i) such distribution is made in connection with such employee establishing coverage under a high deductible health plan (as defined in section 223(c)(2)) after a significant period of not having such coverage, and (ii) such arrangement is described in section 223(c)(1)(B)(iii) with respect to the portion of the plan year after such distribution is made. (B) Dollar limitation \nThe aggregate amount of distributions from health flexible spending arrangements and health reimbursement arrangements of any employee which may be treated as qualified HSA distributions in connection with an establishment of coverage described in subparagraph (A)(i) shall not exceed the dollar amount in effect under section 125(i)(1) (twice such amount in the case of coverage which is described in section 223(b)(2)(B)).. (b) Partial reduction of limitation on deductible HSA contributions \nSection 223(b)(4) of such Code is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by inserting after subparagraph (C) the following new subparagraph: (D) so much of any qualified HSA distribution (as defined in section 106(e)(2)) made to a health savings account of such individual during the taxable year as does not exceed the aggregate increases in the balance of the arrangement from which such distribution is made which occur during the portion of the plan year which precedes such distribution (other than any balance carried over to such plan year and determined without regard to any decrease in such balance during such portion of the plan year).. (c) Conversion to HSA-Compatible arrangement for remainder of plan year \nSection 223(c)(1)(B)(iii) of such Code is amended to read as follows: (iii) coverage under a health flexible spending arrangement or health reimbursement arrangement for the portion of the plan year after a qualified HSA distribution (as defined in section 106(e)(2) determined without regard to subparagraph (A)(ii) thereof) is made, if the terms of such arrangement which apply for such portion of the plan year are such that, if such terms applied for the entire plan year, then such arrangement would not be taken into account under subparagraph (A)(ii) of this paragraph for such plan year.. (d) Inclusion of qualified HSA distributions on W–2 \n(1) In general \nSection 6051(a) of such Code is amended by striking and at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting , and , and by inserting after paragraph (17) the following new paragraph: (18) the amount of any qualified HSA distribution (as defined in section 106(e)(2)) with respect to such employee.. (2) Conforming amendment \nSection 6051(a)(12) of such Code is amended by inserting (other than any qualified HSA distribution, as defined in section 106(e)(2)) before the comma at the end. (e) Effective date \nThe amendments made by this section shall apply to distributions made after December 31, 2023, in taxable years ending after such date.", "id": "HED0493DF594941559E5D45A4750A62B8", "header": "FSA and HRA terminations or conversions to fund HSAs", "nested": [ { "text": "(a) In general \nSection 106(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Qualified HSA distribution \nFor purposes of this subsection— (A) In general \nThe term qualified HSA distribution means, with respect to any employee, a distribution from a health flexible spending arrangement or health reimbursement arrangement of such employee directly to a health savings account of such employee if— (i) such distribution is made in connection with such employee establishing coverage under a high deductible health plan (as defined in section 223(c)(2)) after a significant period of not having such coverage, and (ii) such arrangement is described in section 223(c)(1)(B)(iii) with respect to the portion of the plan year after such distribution is made. (B) Dollar limitation \nThe aggregate amount of distributions from health flexible spending arrangements and health reimbursement arrangements of any employee which may be treated as qualified HSA distributions in connection with an establishment of coverage described in subparagraph (A)(i) shall not exceed the dollar amount in effect under section 125(i)(1) (twice such amount in the case of coverage which is described in section 223(b)(2)(B))..", "id": "H25221BC2D3D84D9D8FB8BE84A875A5BE", "header": "In general", "nested": [], "links": [ { "text": "Section 106(e)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/106" } ] }, { "text": "(b) Partial reduction of limitation on deductible HSA contributions \nSection 223(b)(4) of such Code is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by inserting after subparagraph (C) the following new subparagraph: (D) so much of any qualified HSA distribution (as defined in section 106(e)(2)) made to a health savings account of such individual during the taxable year as does not exceed the aggregate increases in the balance of the arrangement from which such distribution is made which occur during the portion of the plan year which precedes such distribution (other than any balance carried over to such plan year and determined without regard to any decrease in such balance during such portion of the plan year)..", "id": "H0D14B8060CD34EA1A0002B59244A7F17", "header": "Partial reduction of limitation on deductible HSA contributions", "nested": [], "links": [] }, { "text": "(c) Conversion to HSA-Compatible arrangement for remainder of plan year \nSection 223(c)(1)(B)(iii) of such Code is amended to read as follows: (iii) coverage under a health flexible spending arrangement or health reimbursement arrangement for the portion of the plan year after a qualified HSA distribution (as defined in section 106(e)(2) determined without regard to subparagraph (A)(ii) thereof) is made, if the terms of such arrangement which apply for such portion of the plan year are such that, if such terms applied for the entire plan year, then such arrangement would not be taken into account under subparagraph (A)(ii) of this paragraph for such plan year..", "id": "H30085ACD44094CADBE28AE889487F7F2", "header": "Conversion to HSA-Compatible arrangement for remainder of plan year", "nested": [], "links": [] }, { "text": "(d) Inclusion of qualified HSA distributions on W–2 \n(1) In general \nSection 6051(a) of such Code is amended by striking and at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting , and , and by inserting after paragraph (17) the following new paragraph: (18) the amount of any qualified HSA distribution (as defined in section 106(e)(2)) with respect to such employee.. (2) Conforming amendment \nSection 6051(a)(12) of such Code is amended by inserting (other than any qualified HSA distribution, as defined in section 106(e)(2)) before the comma at the end.", "id": "HD65C93C8F9414470AFB044D8DE4C1A06", "header": "Inclusion of qualified HSA distributions on W–2", "nested": [], "links": [] }, { "text": "(e) Effective date \nThe amendments made by this section shall apply to distributions made after December 31, 2023, in taxable years ending after such date.", "id": "HE78306E781D24C16B81F5CCCF218CE92", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 106(e)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/106" } ] } ]
1
1. FSA and HRA terminations or conversions to fund HSAs (a) In general Section 106(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Qualified HSA distribution For purposes of this subsection— (A) In general The term qualified HSA distribution means, with respect to any employee, a distribution from a health flexible spending arrangement or health reimbursement arrangement of such employee directly to a health savings account of such employee if— (i) such distribution is made in connection with such employee establishing coverage under a high deductible health plan (as defined in section 223(c)(2)) after a significant period of not having such coverage, and (ii) such arrangement is described in section 223(c)(1)(B)(iii) with respect to the portion of the plan year after such distribution is made. (B) Dollar limitation The aggregate amount of distributions from health flexible spending arrangements and health reimbursement arrangements of any employee which may be treated as qualified HSA distributions in connection with an establishment of coverage described in subparagraph (A)(i) shall not exceed the dollar amount in effect under section 125(i)(1) (twice such amount in the case of coverage which is described in section 223(b)(2)(B)).. (b) Partial reduction of limitation on deductible HSA contributions Section 223(b)(4) of such Code is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by inserting after subparagraph (C) the following new subparagraph: (D) so much of any qualified HSA distribution (as defined in section 106(e)(2)) made to a health savings account of such individual during the taxable year as does not exceed the aggregate increases in the balance of the arrangement from which such distribution is made which occur during the portion of the plan year which precedes such distribution (other than any balance carried over to such plan year and determined without regard to any decrease in such balance during such portion of the plan year).. (c) Conversion to HSA-Compatible arrangement for remainder of plan year Section 223(c)(1)(B)(iii) of such Code is amended to read as follows: (iii) coverage under a health flexible spending arrangement or health reimbursement arrangement for the portion of the plan year after a qualified HSA distribution (as defined in section 106(e)(2) determined without regard to subparagraph (A)(ii) thereof) is made, if the terms of such arrangement which apply for such portion of the plan year are such that, if such terms applied for the entire plan year, then such arrangement would not be taken into account under subparagraph (A)(ii) of this paragraph for such plan year.. (d) Inclusion of qualified HSA distributions on W–2 (1) In general Section 6051(a) of such Code is amended by striking and at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting , and , and by inserting after paragraph (17) the following new paragraph: (18) the amount of any qualified HSA distribution (as defined in section 106(e)(2)) with respect to such employee.. (2) Conforming amendment Section 6051(a)(12) of such Code is amended by inserting (other than any qualified HSA distribution, as defined in section 106(e)(2)) before the comma at the end. (e) Effective date The amendments made by this section shall apply to distributions made after December 31, 2023, in taxable years ending after such date.
3,530
[ "Ways and Means Committee" ]
118hr5621ih
118
hr
5,621
ih
To extend the wildfire and hurricane indemnity program to cover certain crop losses in calendar year 2023, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the 2023 WHIP+ Reauthorization Ac t.", "id": "H90CA5CC1F8A74F77BD4991AD7F9F1776", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Disaster indemnity program \n(a) In general \nExcept as otherwise provided in this section, with respect to the coverage period, the Secretary shall carry out— (1) a disaster indemnity program in the same manner as the WHIP+ program is carried out under subpart O of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section); (2) an on-farm storage loss program in the same manner as the program carried out under subpart P of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section); and (3) a milk loss program in the same manner as the program carried out under subpart Q of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section). (b) Covered losses \nIn carrying out the programs under this section, the Secretary shall make payments to producers in accordance with subsection (c) for qualified losses of covered crops, including milk, that occurred during the coverage period. (c) Payments \n(1) In general \nPayments to producers for qualified losses of covered crops, including milk, under the programs under this section shall be administered, except as provided in paragraph (2), in the same manner as payments under the relevant programs in subsection (a). (2) Exceptions \n(A) Direct payments required \nThe Secretary shall make payments under the programs under paragraphs (1), (2), and (3) of subsection (a) as direct payments to producers or processors, at the election of the processor. (B) Special rule for unharvested acres \nThe Secretary shall make payments under this section with respect to qualified losses of unharvested acres of a covered crop in the same manner as payments are made with respect to eligible crop losses under the noninsured crop assistance program under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (C) Payment limitations \n(i) In general \nExcept as provided in clauses (ii), (iii), (iv), and (v), the Secretary shall impose payment limitations consistent with section 760.1507 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section). (ii) Exception for specialty crops or high value crops \nIn the case of specialty crops or high value crops, as determined by the Secretary, the Secretary shall impose payment limitations consistent with section 760.1507(a)(2) of title 7, Code of Federal Regulations (as in effect on January 1, 2019). (iii) Tax year basis \nIn applying the payment limitations under this subparagraph, the Secretary shall determine a person or legal entity’s average adjusted gross income and average adjusted gross farm income based on the 2019, 2020, and 2021 tax years. (iv) Annual renewal \nWith respect to the payment limitations described under this subparagraph, the Secretary shall apply separate payment limits for each of the years under the covered period. (v) Entity rules \nWith respect to payments to a corporation, limited liability company, limited partnership, trust, or estate under this section, the Secretary shall— (I) determine average adjusted gross income and average adjusted gross farm income in accordance with clause (iii); and (II) apply rules in the same manner as subsections (d) and (e) of section 9.7 of title 7, Code of Federal Regulations. (D) Net indemnities \nIn calculating payments under the programs under paragraphs (1), (2), and (3) of subsection (a), the Secretary shall net out crop insurance indemnities, less any insurance premiums paid by the producer. (E) Payments to sugar and dairy processors \n(i) In general \nAt the election of a processor eligible for a loan under section 156 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272 ) or a cooperative processor of dairy, in lieu of payments to producers provided under a program described in subsection (a), the Secretary shall make payments to a processor to be paid to producer members, as determined by such processors under the same terms and conditions as payments made to processors pursuant to section 791(c) of title VII of division B of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ). (ii) Non-election \nNotwithstanding section 760.1503(j) of title 7 of the Code of Federal Regulations, in the event that a processor described in clause (i) does not elect to receive payments under such clause, the Secretary shall make direct payments to producers under a program described in subsection (a). (F) Block grants \nThe Secretary may provide payments in the form of block grants to States and processors described in subparagraph (E). (d) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out this section $8,500,000,000. (2) Administration \nThe Secretary may use not more than 1 percent of the funds appropriated pursuant to paragraph (1) to carry out the following: (A) Streamlining the application process. (B) Utilizing information technology to enable the electronic transfer of data used in such application process between the Risk Management Agency and the Farm Service Agency. (C) Activities that with respect to county office employees, reduce the workload of such employees in carrying out this section. (D) To the maximum extent practicable, providing the necessary information to, and assisting crop insurance agents with, providing application information on behalf of insured producers. (e) Exemption \nNotwithstanding the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note), the requirements of parts 25 and 170 of title 2, Code of Federal Regulations (or successor regulations), shall not apply with respect to assistance received under this section. (f) Definitions \nIn this section: (1) Coverage period \nIn this section, the term coverage period means, with respect to a covered crop, including milk, and a qualifying disaster event described in paragraph (6)(A)(i), calendar years 2023 and 2024. (2) Covered crop \nThe term covered crop means a crop, tree, bush, or vine described in section 760.1503 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section), including wine grapes, which shall include all insured acreage (regardless of whether such acreage is the initial acreage or not). (3) Milk loss program \nThe term milk loss program means the milk loss program under subpart Q of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section). (4) On-farm storage loss program \nThe term on-farm storage loss program means the on-farm storage loss program under subpart P of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section) (5) State \nIn this section, the term State has the meaning given the term in section 1111(20) of the Agricultural Act of 2014. (6) Qualified loss \nThe term qualified loss — (A) with respect to a covered crop not described in subparagraph (B), the loss of such crop during the coverage period— (i) due to a qualifying disaster event described in the definition of qualifying disaster event in section 760.1802 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section); (ii) due to high winds, derechos, excessive heat, or freeze (including a polar vortex); (iii) due to a drought in— (I) a county the Secretary designated for drought; or (II) a county contiguous to a county described in subclause (I); or (iv) due to other disruptions (including power outages or curtailments) that are associated with the effects of a qualified disaster event under this section; and (B) with respect to smoke tainted wine grapes, the loss (including a quality loss) of such crop during the coverage period due to wildfire, as determined by the Secretary. (7) Secretary \nThe term Secretary means the Secretary of Agriculture. (8) Whip+ program \nThe term WHIP+ program means the WHIP+ program under subpart O of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section).", "id": "H5D9B9A9699FB4E4495175A230BC764C9", "header": "Disaster indemnity program", "nested": [ { "text": "(a) In general \nExcept as otherwise provided in this section, with respect to the coverage period, the Secretary shall carry out— (1) a disaster indemnity program in the same manner as the WHIP+ program is carried out under subpart O of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section); (2) an on-farm storage loss program in the same manner as the program carried out under subpart P of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section); and (3) a milk loss program in the same manner as the program carried out under subpart Q of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section).", "id": "HD39938F7A613487796672229B9DACB3E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Covered losses \nIn carrying out the programs under this section, the Secretary shall make payments to producers in accordance with subsection (c) for qualified losses of covered crops, including milk, that occurred during the coverage period.", "id": "H847E097D392A4B339C258F571D8CCAE0", "header": "Covered losses", "nested": [], "links": [] }, { "text": "(c) Payments \n(1) In general \nPayments to producers for qualified losses of covered crops, including milk, under the programs under this section shall be administered, except as provided in paragraph (2), in the same manner as payments under the relevant programs in subsection (a). (2) Exceptions \n(A) Direct payments required \nThe Secretary shall make payments under the programs under paragraphs (1), (2), and (3) of subsection (a) as direct payments to producers or processors, at the election of the processor. (B) Special rule for unharvested acres \nThe Secretary shall make payments under this section with respect to qualified losses of unharvested acres of a covered crop in the same manner as payments are made with respect to eligible crop losses under the noninsured crop assistance program under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (C) Payment limitations \n(i) In general \nExcept as provided in clauses (ii), (iii), (iv), and (v), the Secretary shall impose payment limitations consistent with section 760.1507 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section). (ii) Exception for specialty crops or high value crops \nIn the case of specialty crops or high value crops, as determined by the Secretary, the Secretary shall impose payment limitations consistent with section 760.1507(a)(2) of title 7, Code of Federal Regulations (as in effect on January 1, 2019). (iii) Tax year basis \nIn applying the payment limitations under this subparagraph, the Secretary shall determine a person or legal entity’s average adjusted gross income and average adjusted gross farm income based on the 2019, 2020, and 2021 tax years. (iv) Annual renewal \nWith respect to the payment limitations described under this subparagraph, the Secretary shall apply separate payment limits for each of the years under the covered period. (v) Entity rules \nWith respect to payments to a corporation, limited liability company, limited partnership, trust, or estate under this section, the Secretary shall— (I) determine average adjusted gross income and average adjusted gross farm income in accordance with clause (iii); and (II) apply rules in the same manner as subsections (d) and (e) of section 9.7 of title 7, Code of Federal Regulations. (D) Net indemnities \nIn calculating payments under the programs under paragraphs (1), (2), and (3) of subsection (a), the Secretary shall net out crop insurance indemnities, less any insurance premiums paid by the producer. (E) Payments to sugar and dairy processors \n(i) In general \nAt the election of a processor eligible for a loan under section 156 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272 ) or a cooperative processor of dairy, in lieu of payments to producers provided under a program described in subsection (a), the Secretary shall make payments to a processor to be paid to producer members, as determined by such processors under the same terms and conditions as payments made to processors pursuant to section 791(c) of title VII of division B of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ). (ii) Non-election \nNotwithstanding section 760.1503(j) of title 7 of the Code of Federal Regulations, in the event that a processor described in clause (i) does not elect to receive payments under such clause, the Secretary shall make direct payments to producers under a program described in subsection (a). (F) Block grants \nThe Secretary may provide payments in the form of block grants to States and processors described in subparagraph (E).", "id": "H809CE0DE890847ABB461E0542A5B03CD", "header": "Payments", "nested": [], "links": [ { "text": "7 U.S.C. 7333", "legal-doc": "usc", "parsable-cite": "usc/7/7333" }, { "text": "7 U.S.C. 7272", "legal-doc": "usc", "parsable-cite": "usc/7/7272" }, { "text": "Public Law 116–94", "legal-doc": "public-law", "parsable-cite": "pl/116/94" } ] }, { "text": "(d) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out this section $8,500,000,000. (2) Administration \nThe Secretary may use not more than 1 percent of the funds appropriated pursuant to paragraph (1) to carry out the following: (A) Streamlining the application process. (B) Utilizing information technology to enable the electronic transfer of data used in such application process between the Risk Management Agency and the Farm Service Agency. (C) Activities that with respect to county office employees, reduce the workload of such employees in carrying out this section. (D) To the maximum extent practicable, providing the necessary information to, and assisting crop insurance agents with, providing application information on behalf of insured producers.", "id": "H0EEC461CEDE1471499C2A98BED6D281A", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(e) Exemption \nNotwithstanding the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note), the requirements of parts 25 and 170 of title 2, Code of Federal Regulations (or successor regulations), shall not apply with respect to assistance received under this section.", "id": "H99585EF91EAC436680647654BDB06E3B", "header": "Exemption", "nested": [], "links": [ { "text": "Public Law 109–282", "legal-doc": "public-law", "parsable-cite": "pl/109/282" }, { "text": "31 U.S.C. 6101", "legal-doc": "usc", "parsable-cite": "usc/31/6101" } ] }, { "text": "(f) Definitions \nIn this section: (1) Coverage period \nIn this section, the term coverage period means, with respect to a covered crop, including milk, and a qualifying disaster event described in paragraph (6)(A)(i), calendar years 2023 and 2024. (2) Covered crop \nThe term covered crop means a crop, tree, bush, or vine described in section 760.1503 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section), including wine grapes, which shall include all insured acreage (regardless of whether such acreage is the initial acreage or not). (3) Milk loss program \nThe term milk loss program means the milk loss program under subpart Q of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section). (4) On-farm storage loss program \nThe term on-farm storage loss program means the on-farm storage loss program under subpart P of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section) (5) State \nIn this section, the term State has the meaning given the term in section 1111(20) of the Agricultural Act of 2014. (6) Qualified loss \nThe term qualified loss — (A) with respect to a covered crop not described in subparagraph (B), the loss of such crop during the coverage period— (i) due to a qualifying disaster event described in the definition of qualifying disaster event in section 760.1802 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section); (ii) due to high winds, derechos, excessive heat, or freeze (including a polar vortex); (iii) due to a drought in— (I) a county the Secretary designated for drought; or (II) a county contiguous to a county described in subclause (I); or (iv) due to other disruptions (including power outages or curtailments) that are associated with the effects of a qualified disaster event under this section; and (B) with respect to smoke tainted wine grapes, the loss (including a quality loss) of such crop during the coverage period due to wildfire, as determined by the Secretary. (7) Secretary \nThe term Secretary means the Secretary of Agriculture. (8) Whip+ program \nThe term WHIP+ program means the WHIP+ program under subpart O of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section).", "id": "H795EA66E4263495BBDAC8628D0EEE2F0", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 7333", "legal-doc": "usc", "parsable-cite": "usc/7/7333" }, { "text": "7 U.S.C. 7272", "legal-doc": "usc", "parsable-cite": "usc/7/7272" }, { "text": "Public Law 116–94", "legal-doc": "public-law", "parsable-cite": "pl/116/94" }, { "text": "Public Law 109–282", "legal-doc": "public-law", "parsable-cite": "pl/109/282" }, { "text": "31 U.S.C. 6101", "legal-doc": "usc", "parsable-cite": "usc/31/6101" } ] } ]
2
1. Short title This Act may be cited as the 2023 WHIP+ Reauthorization Ac t. 2. Disaster indemnity program (a) In general Except as otherwise provided in this section, with respect to the coverage period, the Secretary shall carry out— (1) a disaster indemnity program in the same manner as the WHIP+ program is carried out under subpart O of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section); (2) an on-farm storage loss program in the same manner as the program carried out under subpart P of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section); and (3) a milk loss program in the same manner as the program carried out under subpart Q of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section). (b) Covered losses In carrying out the programs under this section, the Secretary shall make payments to producers in accordance with subsection (c) for qualified losses of covered crops, including milk, that occurred during the coverage period. (c) Payments (1) In general Payments to producers for qualified losses of covered crops, including milk, under the programs under this section shall be administered, except as provided in paragraph (2), in the same manner as payments under the relevant programs in subsection (a). (2) Exceptions (A) Direct payments required The Secretary shall make payments under the programs under paragraphs (1), (2), and (3) of subsection (a) as direct payments to producers or processors, at the election of the processor. (B) Special rule for unharvested acres The Secretary shall make payments under this section with respect to qualified losses of unharvested acres of a covered crop in the same manner as payments are made with respect to eligible crop losses under the noninsured crop assistance program under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (C) Payment limitations (i) In general Except as provided in clauses (ii), (iii), (iv), and (v), the Secretary shall impose payment limitations consistent with section 760.1507 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section). (ii) Exception for specialty crops or high value crops In the case of specialty crops or high value crops, as determined by the Secretary, the Secretary shall impose payment limitations consistent with section 760.1507(a)(2) of title 7, Code of Federal Regulations (as in effect on January 1, 2019). (iii) Tax year basis In applying the payment limitations under this subparagraph, the Secretary shall determine a person or legal entity’s average adjusted gross income and average adjusted gross farm income based on the 2019, 2020, and 2021 tax years. (iv) Annual renewal With respect to the payment limitations described under this subparagraph, the Secretary shall apply separate payment limits for each of the years under the covered period. (v) Entity rules With respect to payments to a corporation, limited liability company, limited partnership, trust, or estate under this section, the Secretary shall— (I) determine average adjusted gross income and average adjusted gross farm income in accordance with clause (iii); and (II) apply rules in the same manner as subsections (d) and (e) of section 9.7 of title 7, Code of Federal Regulations. (D) Net indemnities In calculating payments under the programs under paragraphs (1), (2), and (3) of subsection (a), the Secretary shall net out crop insurance indemnities, less any insurance premiums paid by the producer. (E) Payments to sugar and dairy processors (i) In general At the election of a processor eligible for a loan under section 156 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272 ) or a cooperative processor of dairy, in lieu of payments to producers provided under a program described in subsection (a), the Secretary shall make payments to a processor to be paid to producer members, as determined by such processors under the same terms and conditions as payments made to processors pursuant to section 791(c) of title VII of division B of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ). (ii) Non-election Notwithstanding section 760.1503(j) of title 7 of the Code of Federal Regulations, in the event that a processor described in clause (i) does not elect to receive payments under such clause, the Secretary shall make direct payments to producers under a program described in subsection (a). (F) Block grants The Secretary may provide payments in the form of block grants to States and processors described in subparagraph (E). (d) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $8,500,000,000. (2) Administration The Secretary may use not more than 1 percent of the funds appropriated pursuant to paragraph (1) to carry out the following: (A) Streamlining the application process. (B) Utilizing information technology to enable the electronic transfer of data used in such application process between the Risk Management Agency and the Farm Service Agency. (C) Activities that with respect to county office employees, reduce the workload of such employees in carrying out this section. (D) To the maximum extent practicable, providing the necessary information to, and assisting crop insurance agents with, providing application information on behalf of insured producers. (e) Exemption Notwithstanding the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note), the requirements of parts 25 and 170 of title 2, Code of Federal Regulations (or successor regulations), shall not apply with respect to assistance received under this section. (f) Definitions In this section: (1) Coverage period In this section, the term coverage period means, with respect to a covered crop, including milk, and a qualifying disaster event described in paragraph (6)(A)(i), calendar years 2023 and 2024. (2) Covered crop The term covered crop means a crop, tree, bush, or vine described in section 760.1503 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section), including wine grapes, which shall include all insured acreage (regardless of whether such acreage is the initial acreage or not). (3) Milk loss program The term milk loss program means the milk loss program under subpart Q of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section). (4) On-farm storage loss program The term on-farm storage loss program means the on-farm storage loss program under subpart P of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section) (5) State In this section, the term State has the meaning given the term in section 1111(20) of the Agricultural Act of 2014. (6) Qualified loss The term qualified loss — (A) with respect to a covered crop not described in subparagraph (B), the loss of such crop during the coverage period— (i) due to a qualifying disaster event described in the definition of qualifying disaster event in section 760.1802 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section); (ii) due to high winds, derechos, excessive heat, or freeze (including a polar vortex); (iii) due to a drought in— (I) a county the Secretary designated for drought; or (II) a county contiguous to a county described in subclause (I); or (iv) due to other disruptions (including power outages or curtailments) that are associated with the effects of a qualified disaster event under this section; and (B) with respect to smoke tainted wine grapes, the loss (including a quality loss) of such crop during the coverage period due to wildfire, as determined by the Secretary. (7) Secretary The term Secretary means the Secretary of Agriculture. (8) Whip+ program The term WHIP+ program means the WHIP+ program under subpart O of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section).
8,275
[ "Agriculture Committee" ]
118hr5591ih
118
hr
5,591
ih
To establish a direct spending safeguard limitation on any direct spending program without a specific level of authorized spending, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Spending Safeguard Act.", "id": "HAC5AC8C93D0843E0B9358242F118867C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Spending limitation on direct spending programs \n(a) Establishment of spending safeguard limitation \n(1) In general \nThe Director of the Office of Management and Budget shall establish a spending limitation (in this Act referred to as a spending safeguard limitation ) with respect to any direct spending program not later than 90 days after any such program is enacted or reauthorized (as the case may be). (2) Determination of spending safeguard limitation \nThe spending safeguard limitation established under paragraph (1) for a direct spending program shall be equal to— (A) with respect to any such program within budget function 050 (Defense), 550 (Health), 600 (Income Security), or 700 (Veterans Benefits and Services), 120 percent of the cost of the program; and (B) with respect to any such program within any other budget function, 110 percent of the cost of the program. (3) Determination of cost of program \nFor purposes of paragraphs (2) (A) and (B), the cost of the program shall be the estimated six-year cost of the program, as determined by the Director using the scorecards or estimate (as the case may be) applicable to the program under section 4 of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933 ). (b) Spending safeguard limitation scorecards \n(1) In general \nThe Director shall maintain and make publicly available a spending safeguard limitation scorecard displaying the spending level for any direct spending program that is subject to a spending safeguard limitation pursuant to this Act. (2) Monthly costs \nNot later than 7 days after the end of each month beginning after the first full month in which such a direct spending program is operational, the Secretary of the Treasury shall transmit to the Director a report listing the total amount of spending for any direct spending program listed on the scorecard. (3) OMB biannual report \nAfter the end of any six-month period, the Director shall submit a report to the Committees on the Budget of the House of Representatives and the Senate containing the total level of spending for any such direct spending program and the relation between such level and the spending safeguard limitation applicable to such program. (c) President budget submissions \n(1) Annual \nSection 1105(a) of title 31, United States Code, is amended by adding at the end the following: (40) a report on the total level of spending for any direct spending program subject to a spending safeguard limitation pursuant to the Spending Safeguard Act, and the relation between such level and the spending safeguard limitation applicable to such program.. (2) Mid-session \nSection 1106(a)(1)(C) of such title is amended by striking section 1105(a)(8) and (9)(B) and (C) and inserting section 1105(a) (8), (9) (B) and (C), and (40). (d) Procedures in case of breach \n(1) Spending limitation breach report \nIf, during any of the six years used to determine the cost of a direct spending program pursuant to subsection (a)(3), the Director determines, using the reports submitted under subsection (b)(2), that a direct spending program listed on the scorecard established under subsection (b) will reach the applicable spending safeguard limitation within six months, the Director shall transmit, not later than 15 days after the date of such determination, a report to the Committees on the Budget of the House of Representatives and the Senate and the committees that have jurisdiction over the program. (2) Obligation limitation \nIf, during any of such six years, the Director determines using the reports submitted under subsection (b)(2) that such a direct spending program has reached the applicable spending safeguard limitation— (A) effective 30 days after such determination, no funds may be obligated to carry out such program; and (B) on the date of such determination, the Director shall submit a report to the Committees on the Budget of the House of Representatives and the Senate and the committees that have jurisdiction over the program that such an obligation limitation has been imposed. (e) Agency procedures \nAny Federal agency implementing a direct spending program listed on the scorecard established under subsection (b) shall ensure that any contract, offer of benefits, or other material provided to the program participants includes information specifying that the program is subject to a spending safeguard limitation that may impact future availability of funds to pay benefits. (f) Definitions \nIn this Act— (1) the term Director means the Director of the Office of Management and Budget; (2) the term direct spending has the meaning given such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(8) ); and (3) the term direct spending program — (A) means any Federal program funded by direct spending that— (i) is enacted or reauthorized after the date of enactment of this Act; and (ii) does not have, in statute, a specific level (expressed as a dollar amount) of authorization of appropriations; and (B) does not include Medicare (budget function 570) or Social Security (budget function 650). (g) Prohibition on new authorization of funding \nNo additional funds are authorized to be appropriated to carry out this Act.", "id": "HCD251B39184F4F11B1BF40097939633C", "header": "Spending limitation on direct spending programs", "nested": [ { "text": "(a) Establishment of spending safeguard limitation \n(1) In general \nThe Director of the Office of Management and Budget shall establish a spending limitation (in this Act referred to as a spending safeguard limitation ) with respect to any direct spending program not later than 90 days after any such program is enacted or reauthorized (as the case may be). (2) Determination of spending safeguard limitation \nThe spending safeguard limitation established under paragraph (1) for a direct spending program shall be equal to— (A) with respect to any such program within budget function 050 (Defense), 550 (Health), 600 (Income Security), or 700 (Veterans Benefits and Services), 120 percent of the cost of the program; and (B) with respect to any such program within any other budget function, 110 percent of the cost of the program. (3) Determination of cost of program \nFor purposes of paragraphs (2) (A) and (B), the cost of the program shall be the estimated six-year cost of the program, as determined by the Director using the scorecards or estimate (as the case may be) applicable to the program under section 4 of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933 ).", "id": "HD3E0195EB362425286BB714C39C2DF88", "header": "Establishment of spending safeguard limitation", "nested": [], "links": [ { "text": "2 U.S.C. 933", "legal-doc": "usc", "parsable-cite": "usc/2/933" } ] }, { "text": "(b) Spending safeguard limitation scorecards \n(1) In general \nThe Director shall maintain and make publicly available a spending safeguard limitation scorecard displaying the spending level for any direct spending program that is subject to a spending safeguard limitation pursuant to this Act. (2) Monthly costs \nNot later than 7 days after the end of each month beginning after the first full month in which such a direct spending program is operational, the Secretary of the Treasury shall transmit to the Director a report listing the total amount of spending for any direct spending program listed on the scorecard. (3) OMB biannual report \nAfter the end of any six-month period, the Director shall submit a report to the Committees on the Budget of the House of Representatives and the Senate containing the total level of spending for any such direct spending program and the relation between such level and the spending safeguard limitation applicable to such program.", "id": "H89B72009EA4D4905AA8D1CA8628CF26A", "header": "Spending safeguard limitation scorecards", "nested": [], "links": [] }, { "text": "(c) President budget submissions \n(1) Annual \nSection 1105(a) of title 31, United States Code, is amended by adding at the end the following: (40) a report on the total level of spending for any direct spending program subject to a spending safeguard limitation pursuant to the Spending Safeguard Act, and the relation between such level and the spending safeguard limitation applicable to such program.. (2) Mid-session \nSection 1106(a)(1)(C) of such title is amended by striking section 1105(a)(8) and (9)(B) and (C) and inserting section 1105(a) (8), (9) (B) and (C), and (40).", "id": "H362F0BB1ECDD41D5899D00AB930F1723", "header": "President budget submissions", "nested": [], "links": [] }, { "text": "(d) Procedures in case of breach \n(1) Spending limitation breach report \nIf, during any of the six years used to determine the cost of a direct spending program pursuant to subsection (a)(3), the Director determines, using the reports submitted under subsection (b)(2), that a direct spending program listed on the scorecard established under subsection (b) will reach the applicable spending safeguard limitation within six months, the Director shall transmit, not later than 15 days after the date of such determination, a report to the Committees on the Budget of the House of Representatives and the Senate and the committees that have jurisdiction over the program. (2) Obligation limitation \nIf, during any of such six years, the Director determines using the reports submitted under subsection (b)(2) that such a direct spending program has reached the applicable spending safeguard limitation— (A) effective 30 days after such determination, no funds may be obligated to carry out such program; and (B) on the date of such determination, the Director shall submit a report to the Committees on the Budget of the House of Representatives and the Senate and the committees that have jurisdiction over the program that such an obligation limitation has been imposed.", "id": "HB9AC54D0809B4CCD955E5EF40E056F02", "header": "Procedures in case of breach", "nested": [], "links": [] }, { "text": "(e) Agency procedures \nAny Federal agency implementing a direct spending program listed on the scorecard established under subsection (b) shall ensure that any contract, offer of benefits, or other material provided to the program participants includes information specifying that the program is subject to a spending safeguard limitation that may impact future availability of funds to pay benefits.", "id": "H0C91767070F34E3997E3FA30378B5C3B", "header": "Agency procedures", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this Act— (1) the term Director means the Director of the Office of Management and Budget; (2) the term direct spending has the meaning given such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(8) ); and (3) the term direct spending program — (A) means any Federal program funded by direct spending that— (i) is enacted or reauthorized after the date of enactment of this Act; and (ii) does not have, in statute, a specific level (expressed as a dollar amount) of authorization of appropriations; and (B) does not include Medicare (budget function 570) or Social Security (budget function 650).", "id": "H89E4209A13A84BF492DFD524AE2D1280", "header": "Definitions", "nested": [], "links": [ { "text": "2 U.S.C. 900(c)(8)", "legal-doc": "usc", "parsable-cite": "usc/2/900" } ] }, { "text": "(g) Prohibition on new authorization of funding \nNo additional funds are authorized to be appropriated to carry out this Act.", "id": "H50CA8F0D3C024118A2F5D9251E0883FD", "header": "Prohibition on new authorization of funding", "nested": [], "links": [] } ], "links": [ { "text": "2 U.S.C. 933", "legal-doc": "usc", "parsable-cite": "usc/2/933" }, { "text": "2 U.S.C. 900(c)(8)", "legal-doc": "usc", "parsable-cite": "usc/2/900" } ] } ]
2
1. Short title This Act may be cited as the Spending Safeguard Act. 2. Spending limitation on direct spending programs (a) Establishment of spending safeguard limitation (1) In general The Director of the Office of Management and Budget shall establish a spending limitation (in this Act referred to as a spending safeguard limitation ) with respect to any direct spending program not later than 90 days after any such program is enacted or reauthorized (as the case may be). (2) Determination of spending safeguard limitation The spending safeguard limitation established under paragraph (1) for a direct spending program shall be equal to— (A) with respect to any such program within budget function 050 (Defense), 550 (Health), 600 (Income Security), or 700 (Veterans Benefits and Services), 120 percent of the cost of the program; and (B) with respect to any such program within any other budget function, 110 percent of the cost of the program. (3) Determination of cost of program For purposes of paragraphs (2) (A) and (B), the cost of the program shall be the estimated six-year cost of the program, as determined by the Director using the scorecards or estimate (as the case may be) applicable to the program under section 4 of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933 ). (b) Spending safeguard limitation scorecards (1) In general The Director shall maintain and make publicly available a spending safeguard limitation scorecard displaying the spending level for any direct spending program that is subject to a spending safeguard limitation pursuant to this Act. (2) Monthly costs Not later than 7 days after the end of each month beginning after the first full month in which such a direct spending program is operational, the Secretary of the Treasury shall transmit to the Director a report listing the total amount of spending for any direct spending program listed on the scorecard. (3) OMB biannual report After the end of any six-month period, the Director shall submit a report to the Committees on the Budget of the House of Representatives and the Senate containing the total level of spending for any such direct spending program and the relation between such level and the spending safeguard limitation applicable to such program. (c) President budget submissions (1) Annual Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: (40) a report on the total level of spending for any direct spending program subject to a spending safeguard limitation pursuant to the Spending Safeguard Act, and the relation between such level and the spending safeguard limitation applicable to such program.. (2) Mid-session Section 1106(a)(1)(C) of such title is amended by striking section 1105(a)(8) and (9)(B) and (C) and inserting section 1105(a) (8), (9) (B) and (C), and (40). (d) Procedures in case of breach (1) Spending limitation breach report If, during any of the six years used to determine the cost of a direct spending program pursuant to subsection (a)(3), the Director determines, using the reports submitted under subsection (b)(2), that a direct spending program listed on the scorecard established under subsection (b) will reach the applicable spending safeguard limitation within six months, the Director shall transmit, not later than 15 days after the date of such determination, a report to the Committees on the Budget of the House of Representatives and the Senate and the committees that have jurisdiction over the program. (2) Obligation limitation If, during any of such six years, the Director determines using the reports submitted under subsection (b)(2) that such a direct spending program has reached the applicable spending safeguard limitation— (A) effective 30 days after such determination, no funds may be obligated to carry out such program; and (B) on the date of such determination, the Director shall submit a report to the Committees on the Budget of the House of Representatives and the Senate and the committees that have jurisdiction over the program that such an obligation limitation has been imposed. (e) Agency procedures Any Federal agency implementing a direct spending program listed on the scorecard established under subsection (b) shall ensure that any contract, offer of benefits, or other material provided to the program participants includes information specifying that the program is subject to a spending safeguard limitation that may impact future availability of funds to pay benefits. (f) Definitions In this Act— (1) the term Director means the Director of the Office of Management and Budget; (2) the term direct spending has the meaning given such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(8) ); and (3) the term direct spending program — (A) means any Federal program funded by direct spending that— (i) is enacted or reauthorized after the date of enactment of this Act; and (ii) does not have, in statute, a specific level (expressed as a dollar amount) of authorization of appropriations; and (B) does not include Medicare (budget function 570) or Social Security (budget function 650). (g) Prohibition on new authorization of funding No additional funds are authorized to be appropriated to carry out this Act.
5,334
[ "Budget Committee" ]
118hr1472ih
118
hr
1,472
ih
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for a consistent definition for plant biostimulants.
[ { "text": "1. Short title \nThis Act may be cited as the Plant Biostimulant Act.", "id": "HD1CCBF4063A34EE58285EC80742B6968", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Exclusion from regulation under FIFRA \n(a) In general \nThe Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) is amended by inserting after section 3 ( 7 U.S.C. 136a ) the following: 3A. Exclusion of plant biostimulants \nA plant biostimulant shall not be subject to regulation under this Act.. (b) Definitions \nSection 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 ) is amended— (1) in subsection (v)— (A) by striking vitamin-hormone horticultural product and inserting vitamin hormone products ; and (B) by adding at the end the following: Such term shall not include a plant biostimulant. ; and (2) by adding at the end the following: (pp) Plant biostimulant \nThe term plant biostimulant means a substance, microorganism, or mixture thereof, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, act to support a plant’s natural processes independently of the biostimulant’s nutrient content, thereby improving nutrient availability, uptake or use efficiency, tolerance to abiotic stress, and consequent growth, development, quality, or yield. (qq) Nutritional chemical \nThe term nutritional chemical — (1) means a compound or mixture that interacts with plant nutrients in a manner which improves nutrient availability or aids the plant in acquiring or utilizing plant nutrients; and (2) includes some plant biostimulants. (rr) Vitamin hormone product \nThe term vitamin hormone product means a product consisting of a mixture of plant hormones, plant nutrients, inoculants, or soil amendments.. (c) Regulations \nNot later than 120 days after the date of the enactment of this Act, the Administrator of Environmental Protection Agency shall revise the regulations under subchapter E of chapter I of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this Act) to carry out the amendments made by subsections (a) and (b).", "id": "H441127BF4A184D4FAC46E54AC5E7C6D1", "header": "Exclusion from regulation under FIFRA", "nested": [ { "text": "(a) In general \nThe Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) is amended by inserting after section 3 ( 7 U.S.C. 136a ) the following: 3A. Exclusion of plant biostimulants \nA plant biostimulant shall not be subject to regulation under this Act..", "id": "HB9ACE3BCC0F94C74AE8E17532F88DFBB", "header": "In general", "nested": [], "links": [ { "text": "7 U.S.C. 136 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/136" }, { "text": "7 U.S.C. 136a", "legal-doc": "usc", "parsable-cite": "usc/7/136a" } ] }, { "text": "(b) Definitions \nSection 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 ) is amended— (1) in subsection (v)— (A) by striking vitamin-hormone horticultural product and inserting vitamin hormone products ; and (B) by adding at the end the following: Such term shall not include a plant biostimulant. ; and (2) by adding at the end the following: (pp) Plant biostimulant \nThe term plant biostimulant means a substance, microorganism, or mixture thereof, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, act to support a plant’s natural processes independently of the biostimulant’s nutrient content, thereby improving nutrient availability, uptake or use efficiency, tolerance to abiotic stress, and consequent growth, development, quality, or yield. (qq) Nutritional chemical \nThe term nutritional chemical — (1) means a compound or mixture that interacts with plant nutrients in a manner which improves nutrient availability or aids the plant in acquiring or utilizing plant nutrients; and (2) includes some plant biostimulants. (rr) Vitamin hormone product \nThe term vitamin hormone product means a product consisting of a mixture of plant hormones, plant nutrients, inoculants, or soil amendments..", "id": "HC245C05C2AFF4E0BA6BA80AA04C7A022", "header": "Definitions", "nested": [], "links": [ { "text": "7 U.S.C. 136", "legal-doc": "usc", "parsable-cite": "usc/7/136" } ] }, { "text": "(c) Regulations \nNot later than 120 days after the date of the enactment of this Act, the Administrator of Environmental Protection Agency shall revise the regulations under subchapter E of chapter I of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this Act) to carry out the amendments made by subsections (a) and (b).", "id": "HFE1BD18A42ED43CEA036A698FE940B20", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 136 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/136" }, { "text": "7 U.S.C. 136a", "legal-doc": "usc", "parsable-cite": "usc/7/136a" }, { "text": "7 U.S.C. 136", "legal-doc": "usc", "parsable-cite": "usc/7/136" } ] }, { "text": "3A. Exclusion of plant biostimulants \nA plant biostimulant shall not be subject to regulation under this Act.", "id": "H984C2E29DAC442D7B39AB94C6CF8BDC7", "header": "Exclusion of plant biostimulants", "nested": [], "links": [] }, { "text": "3. Soil health study \n(a) Study \nThe Secretary of Agriculture shall conduct a study to assess the types of, and practices using, plant biostimulants (as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 )) that best achieve the following: (1) Increasing organic matter content. (2) Reducing atmospheric volatilization. (3) Promotion of nutrient management practices. (4) Limiting or eliminating runoff or leaching of soil or nutrients such as phosphorus and nitrogen into groundwater or other water sources. (5) Restoring beneficial bioactivity or healthy nutrients to the soil. (6) Aiding in carbon sequestration, nutrient use efficiency, and other climate-related benefits. (7) Supporting innovative approaches to improving agricultural sustainability, including the adoption of performance-based outcome standards and criteria. (b) Report \nNot later than 1 year after the date on which funds are first made available for the study under subsection (a), the Secretary shall make publicly available and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study.", "id": "HDBA7642B57174CAD89761CB9922DD53E", "header": "Soil health study", "nested": [ { "text": "(a) Study \nThe Secretary of Agriculture shall conduct a study to assess the types of, and practices using, plant biostimulants (as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 )) that best achieve the following: (1) Increasing organic matter content. (2) Reducing atmospheric volatilization. (3) Promotion of nutrient management practices. (4) Limiting or eliminating runoff or leaching of soil or nutrients such as phosphorus and nitrogen into groundwater or other water sources. (5) Restoring beneficial bioactivity or healthy nutrients to the soil. (6) Aiding in carbon sequestration, nutrient use efficiency, and other climate-related benefits. (7) Supporting innovative approaches to improving agricultural sustainability, including the adoption of performance-based outcome standards and criteria.", "id": "H6DA9DB3D1B7E42AC98CF6EC1F8B4C2BA", "header": "Study", "nested": [], "links": [ { "text": "7 U.S.C. 136", "legal-doc": "usc", "parsable-cite": "usc/7/136" } ] }, { "text": "(b) Report \nNot later than 1 year after the date on which funds are first made available for the study under subsection (a), the Secretary shall make publicly available and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study.", "id": "H64AC425994804D58A4E842F82990F086", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 136", "legal-doc": "usc", "parsable-cite": "usc/7/136" } ] } ]
4
1. Short title This Act may be cited as the Plant Biostimulant Act. 2. Exclusion from regulation under FIFRA (a) In general The Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) is amended by inserting after section 3 ( 7 U.S.C. 136a ) the following: 3A. Exclusion of plant biostimulants A plant biostimulant shall not be subject to regulation under this Act.. (b) Definitions Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 ) is amended— (1) in subsection (v)— (A) by striking vitamin-hormone horticultural product and inserting vitamin hormone products ; and (B) by adding at the end the following: Such term shall not include a plant biostimulant. ; and (2) by adding at the end the following: (pp) Plant biostimulant The term plant biostimulant means a substance, microorganism, or mixture thereof, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, act to support a plant’s natural processes independently of the biostimulant’s nutrient content, thereby improving nutrient availability, uptake or use efficiency, tolerance to abiotic stress, and consequent growth, development, quality, or yield. (qq) Nutritional chemical The term nutritional chemical — (1) means a compound or mixture that interacts with plant nutrients in a manner which improves nutrient availability or aids the plant in acquiring or utilizing plant nutrients; and (2) includes some plant biostimulants. (rr) Vitamin hormone product The term vitamin hormone product means a product consisting of a mixture of plant hormones, plant nutrients, inoculants, or soil amendments.. (c) Regulations Not later than 120 days after the date of the enactment of this Act, the Administrator of Environmental Protection Agency shall revise the regulations under subchapter E of chapter I of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this Act) to carry out the amendments made by subsections (a) and (b). 3A. Exclusion of plant biostimulants A plant biostimulant shall not be subject to regulation under this Act. 3. Soil health study (a) Study The Secretary of Agriculture shall conduct a study to assess the types of, and practices using, plant biostimulants (as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 )) that best achieve the following: (1) Increasing organic matter content. (2) Reducing atmospheric volatilization. (3) Promotion of nutrient management practices. (4) Limiting or eliminating runoff or leaching of soil or nutrients such as phosphorus and nitrogen into groundwater or other water sources. (5) Restoring beneficial bioactivity or healthy nutrients to the soil. (6) Aiding in carbon sequestration, nutrient use efficiency, and other climate-related benefits. (7) Supporting innovative approaches to improving agricultural sustainability, including the adoption of performance-based outcome standards and criteria. (b) Report Not later than 1 year after the date on which funds are first made available for the study under subsection (a), the Secretary shall make publicly available and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study.
3,364
[ "Agriculture Committee" ]
118hr452ih
118
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452
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To amend the Elementary and Secondary Education Act of 1965 to allow parents of eligible military dependent children to establish Military Education Savings Accounts, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Education Savings Accounts for Military Families Act of 2023.", "id": "H628C059279BF41629E2360DCE64E58B1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Military education savings accounts \n(a) In general \nTitle VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7701 et seq. ) is amended by inserting after section 7012 the following: 7012A. Military education savings accounts \n(a) In general \nThe Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall— (1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a Military Education Savings Account ) into which the Secretary shall deposit funds in an amount determined under subsection (d); and (2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section. (b) Application \n(1) In general \nTo be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. (2) Application process \nIn carrying out paragraph (1), the Secretary shall— (A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and (B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. (3) Approval \nSubject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if— (A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; (B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and (C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees— (i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; (ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; (iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and (iv) to comply with all other requirements of this section. (4) Renewals \nThe Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which— (A) the parents of the child on whose behalf the account was established choose not to renew the account; or (B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section. (c) Priority in the event of insufficient funds \n(1) In general \nIf the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall— (A) first renew and fully fund previously established Military Education Savings Accounts; and (B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. (2) Transfer authority \nNotwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. (3) Lottery \nThe lottery described in this paragraph is a lottery in which— (A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; (B) children of enlisted members have the next-highest probability of selection after the children described in subparagraph (A); (C) children of warrant officers have the next-highest probability of selection after the children described in subparagraph (B); and (D) children of commissioned officers have the lowest probability of selection. (d) Amount of deposits \n(1) First year of program \nThe amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependent child covered by the account. (2) Subsequent years \nThe amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year. (e) Use of funds \nFunds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for— (1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; (2) private online learning programs; (3) private tutoring; (4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; (5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K–12 education; (6) computer hardware or other technological devices that are used to help meet a child’s educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; (7) educational software and applications; (8) uniforms purchased from or through a private school recognized by the State; (9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; (10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); (11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; (12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; (13) costs of attendance at an institution of higher education; (14) costs associated with an apprenticeship or other vocational training program; (15) fees for State-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; (16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or (17) any other educational expenses approved by the Secretary. (f) Requirements for qualified educational service providers \n(1) Registration and approval \nThe Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). (2) Participation in online marketplace \nAs a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). (3) Surety bond \n(A) In general \nThe Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. (B) Retention \nThe Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary. (g) Online marketplace \n(1) In general \nThe Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall— (A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; (B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; (C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and (D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). (2) Rule of construction \nNothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1). (h) Transfer schedule \n(1) In general \nSubject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. (2) Choice of schedule \nThe Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). (3) Expense reports \n(A) Submission required \nBefore receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. (B) Format \nEach such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D). (i) Rollover \nAmounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j). (j) Termination and Return of funds \n(1) Termination \nThe Military Education Savings Account of an eligible military dependent child shall terminate on— (A) the date on which the child enrolls in a public elementary school or secondary school on a full-time basis; (B) in the case of a child who is pursuing postsecondary education, the earlier of— (i) the date on which the child completes postsecondary education; or (ii) the date on which the child attains the age of 22 years; (C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or (D) in the case of an individual not described in subparagraph (B) or (C), the earlier of— (i) the date on which the child attains the age of 22 years; or (ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. (2) Return of funds \nAny funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section. (k) Compulsory attendance requirements \nA State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State’s compulsory school attendance requirements for such school year. (l) Special rule \nIn the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year— (1) the child may not attend the public school free of charge; and (2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child’s costs of attendance at such school. (m) Tax treatment of accounts \n(1) In general \nA Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions \nFor purposes of subtitle A of the Internal Revenue Code of 1986— (A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and (B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual. (n) Fraud prevention and reporting \nThe Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section. (o) Contract authority \nThe Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section. (p) Refunds \nThe Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider. (q) Rules of construction \n(1) Nonagency \nA qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Prohibition of Federal or State supervision or control over nonpublic education providers \n(A) In general \nNothing in this section shall be construed to permit, allow, encourage, or authorize any Federal or State control or supervision over any aspect of any qualified educational service provider, including a private, religious, or home education provider (without regard to whether a home education provider is treated as a private school or home school under State law). This section shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act. (B) No religion-based discrimination \nThe Secretary shall not exclude, discriminate against, or otherwise disadvantage any qualified educational service provider with respect to programs or services under this section based in whole or in part on the provider’s religious education character or affiliation, including religiously based or mission-based policies or practices. (3) Imposition of additional requirements \nNo Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance \nFor purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. (r) Legal proceedings \n(1) Burden \nIn any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. (2) Limitation on liability \n(A) In general \nNo liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described \nThe entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). (iii) A qualified educational service provider. (3) Intervention \n(A) In general \nExcept as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. (B) Exception \nFor purposes of judicial administration, a court may— (i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or (ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding. (s) Administrative expenses \nThe Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts. (t) Definitions \nIn this section: (1) The terms commissioned officer , enlisted member , and warrant officer have the meanings given those terms in section 101(b) of title 10, United States Code. (2) The term eligible military dependent child means a child who— (A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and (B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. (3) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) The term qualified educational service provider means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including— (A) a private school; (B) a non-public online learning program or course provider; (C) an institution of higher education, which may include a community college or a technical college; (D) a public school; (E) a private tutor or entity that operates a tutoring facility; (F) a provider of educational materials or curriculum; (G) a provider of education-related therapies or services; or (H) any other provider of educational services licensed by a State to provide such services.. (b) Table of contents \nThe table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 7012 the following: Sec. 7012A. Military education savings accounts..", "id": "H7A55F188FC7F4A0E9198BF30E0DE1361", "header": "Military education savings accounts", "nested": [ { "text": "(a) In general \nTitle VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7701 et seq. ) is amended by inserting after section 7012 the following: 7012A. Military education savings accounts \n(a) In general \nThe Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall— (1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a Military Education Savings Account ) into which the Secretary shall deposit funds in an amount determined under subsection (d); and (2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section. (b) Application \n(1) In general \nTo be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. (2) Application process \nIn carrying out paragraph (1), the Secretary shall— (A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and (B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. (3) Approval \nSubject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if— (A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; (B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and (C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees— (i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; (ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; (iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and (iv) to comply with all other requirements of this section. (4) Renewals \nThe Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which— (A) the parents of the child on whose behalf the account was established choose not to renew the account; or (B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section. (c) Priority in the event of insufficient funds \n(1) In general \nIf the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall— (A) first renew and fully fund previously established Military Education Savings Accounts; and (B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. (2) Transfer authority \nNotwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. (3) Lottery \nThe lottery described in this paragraph is a lottery in which— (A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; (B) children of enlisted members have the next-highest probability of selection after the children described in subparagraph (A); (C) children of warrant officers have the next-highest probability of selection after the children described in subparagraph (B); and (D) children of commissioned officers have the lowest probability of selection. (d) Amount of deposits \n(1) First year of program \nThe amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependent child covered by the account. (2) Subsequent years \nThe amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year. (e) Use of funds \nFunds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for— (1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; (2) private online learning programs; (3) private tutoring; (4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; (5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K–12 education; (6) computer hardware or other technological devices that are used to help meet a child’s educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; (7) educational software and applications; (8) uniforms purchased from or through a private school recognized by the State; (9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; (10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); (11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; (12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; (13) costs of attendance at an institution of higher education; (14) costs associated with an apprenticeship or other vocational training program; (15) fees for State-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; (16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or (17) any other educational expenses approved by the Secretary. (f) Requirements for qualified educational service providers \n(1) Registration and approval \nThe Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). (2) Participation in online marketplace \nAs a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). (3) Surety bond \n(A) In general \nThe Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. (B) Retention \nThe Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary. (g) Online marketplace \n(1) In general \nThe Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall— (A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; (B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; (C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and (D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). (2) Rule of construction \nNothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1). (h) Transfer schedule \n(1) In general \nSubject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. (2) Choice of schedule \nThe Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). (3) Expense reports \n(A) Submission required \nBefore receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. (B) Format \nEach such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D). (i) Rollover \nAmounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j). (j) Termination and Return of funds \n(1) Termination \nThe Military Education Savings Account of an eligible military dependent child shall terminate on— (A) the date on which the child enrolls in a public elementary school or secondary school on a full-time basis; (B) in the case of a child who is pursuing postsecondary education, the earlier of— (i) the date on which the child completes postsecondary education; or (ii) the date on which the child attains the age of 22 years; (C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or (D) in the case of an individual not described in subparagraph (B) or (C), the earlier of— (i) the date on which the child attains the age of 22 years; or (ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. (2) Return of funds \nAny funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section. (k) Compulsory attendance requirements \nA State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State’s compulsory school attendance requirements for such school year. (l) Special rule \nIn the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year— (1) the child may not attend the public school free of charge; and (2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child’s costs of attendance at such school. (m) Tax treatment of accounts \n(1) In general \nA Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions \nFor purposes of subtitle A of the Internal Revenue Code of 1986— (A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and (B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual. (n) Fraud prevention and reporting \nThe Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section. (o) Contract authority \nThe Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section. (p) Refunds \nThe Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider. (q) Rules of construction \n(1) Nonagency \nA qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Prohibition of Federal or State supervision or control over nonpublic education providers \n(A) In general \nNothing in this section shall be construed to permit, allow, encourage, or authorize any Federal or State control or supervision over any aspect of any qualified educational service provider, including a private, religious, or home education provider (without regard to whether a home education provider is treated as a private school or home school under State law). This section shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act. (B) No religion-based discrimination \nThe Secretary shall not exclude, discriminate against, or otherwise disadvantage any qualified educational service provider with respect to programs or services under this section based in whole or in part on the provider’s religious education character or affiliation, including religiously based or mission-based policies or practices. (3) Imposition of additional requirements \nNo Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance \nFor purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. (r) Legal proceedings \n(1) Burden \nIn any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. (2) Limitation on liability \n(A) In general \nNo liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described \nThe entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). (iii) A qualified educational service provider. (3) Intervention \n(A) In general \nExcept as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. (B) Exception \nFor purposes of judicial administration, a court may— (i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or (ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding. (s) Administrative expenses \nThe Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts. (t) Definitions \nIn this section: (1) The terms commissioned officer , enlisted member , and warrant officer have the meanings given those terms in section 101(b) of title 10, United States Code. (2) The term eligible military dependent child means a child who— (A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and (B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. (3) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) The term qualified educational service provider means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including— (A) a private school; (B) a non-public online learning program or course provider; (C) an institution of higher education, which may include a community college or a technical college; (D) a public school; (E) a private tutor or entity that operates a tutoring facility; (F) a provider of educational materials or curriculum; (G) a provider of education-related therapies or services; or (H) any other provider of educational services licensed by a State to provide such services..", "id": "HF6B55038E3794F2082D5B236BCFAB970", "header": "In general", "nested": [], "links": [ { "text": "20 U.S.C. 7701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7701" }, { "text": "section 529(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "(b) Table of contents \nThe table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 7012 the following: Sec. 7012A. Military education savings accounts..", "id": "H689018F7F64A492990A9843B828808DC", "header": "Table of contents", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 7701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7701" }, { "text": "section 529(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "7012A. Military education savings accounts \n(a) In general \nThe Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall— (1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a Military Education Savings Account ) into which the Secretary shall deposit funds in an amount determined under subsection (d); and (2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section. (b) Application \n(1) In general \nTo be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. (2) Application process \nIn carrying out paragraph (1), the Secretary shall— (A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and (B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. (3) Approval \nSubject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if— (A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; (B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and (C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees— (i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; (ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; (iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and (iv) to comply with all other requirements of this section. (4) Renewals \nThe Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which— (A) the parents of the child on whose behalf the account was established choose not to renew the account; or (B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section. (c) Priority in the event of insufficient funds \n(1) In general \nIf the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall— (A) first renew and fully fund previously established Military Education Savings Accounts; and (B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. (2) Transfer authority \nNotwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. (3) Lottery \nThe lottery described in this paragraph is a lottery in which— (A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; (B) children of enlisted members have the next-highest probability of selection after the children described in subparagraph (A); (C) children of warrant officers have the next-highest probability of selection after the children described in subparagraph (B); and (D) children of commissioned officers have the lowest probability of selection. (d) Amount of deposits \n(1) First year of program \nThe amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependent child covered by the account. (2) Subsequent years \nThe amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year. (e) Use of funds \nFunds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for— (1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; (2) private online learning programs; (3) private tutoring; (4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; (5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K–12 education; (6) computer hardware or other technological devices that are used to help meet a child’s educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; (7) educational software and applications; (8) uniforms purchased from or through a private school recognized by the State; (9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; (10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); (11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; (12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; (13) costs of attendance at an institution of higher education; (14) costs associated with an apprenticeship or other vocational training program; (15) fees for State-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; (16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or (17) any other educational expenses approved by the Secretary. (f) Requirements for qualified educational service providers \n(1) Registration and approval \nThe Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). (2) Participation in online marketplace \nAs a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). (3) Surety bond \n(A) In general \nThe Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. (B) Retention \nThe Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary. (g) Online marketplace \n(1) In general \nThe Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall— (A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; (B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; (C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and (D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). (2) Rule of construction \nNothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1). (h) Transfer schedule \n(1) In general \nSubject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. (2) Choice of schedule \nThe Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). (3) Expense reports \n(A) Submission required \nBefore receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. (B) Format \nEach such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D). (i) Rollover \nAmounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j). (j) Termination and Return of funds \n(1) Termination \nThe Military Education Savings Account of an eligible military dependent child shall terminate on— (A) the date on which the child enrolls in a public elementary school or secondary school on a full-time basis; (B) in the case of a child who is pursuing postsecondary education, the earlier of— (i) the date on which the child completes postsecondary education; or (ii) the date on which the child attains the age of 22 years; (C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or (D) in the case of an individual not described in subparagraph (B) or (C), the earlier of— (i) the date on which the child attains the age of 22 years; or (ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. (2) Return of funds \nAny funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section. (k) Compulsory attendance requirements \nA State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State’s compulsory school attendance requirements for such school year. (l) Special rule \nIn the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year— (1) the child may not attend the public school free of charge; and (2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child’s costs of attendance at such school. (m) Tax treatment of accounts \n(1) In general \nA Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions \nFor purposes of subtitle A of the Internal Revenue Code of 1986— (A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and (B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual. (n) Fraud prevention and reporting \nThe Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section. (o) Contract authority \nThe Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section. (p) Refunds \nThe Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider. (q) Rules of construction \n(1) Nonagency \nA qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Prohibition of Federal or State supervision or control over nonpublic education providers \n(A) In general \nNothing in this section shall be construed to permit, allow, encourage, or authorize any Federal or State control or supervision over any aspect of any qualified educational service provider, including a private, religious, or home education provider (without regard to whether a home education provider is treated as a private school or home school under State law). This section shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act. (B) No religion-based discrimination \nThe Secretary shall not exclude, discriminate against, or otherwise disadvantage any qualified educational service provider with respect to programs or services under this section based in whole or in part on the provider’s religious education character or affiliation, including religiously based or mission-based policies or practices. (3) Imposition of additional requirements \nNo Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance \nFor purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. (r) Legal proceedings \n(1) Burden \nIn any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. (2) Limitation on liability \n(A) In general \nNo liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described \nThe entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). (iii) A qualified educational service provider. (3) Intervention \n(A) In general \nExcept as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. (B) Exception \nFor purposes of judicial administration, a court may— (i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or (ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding. (s) Administrative expenses \nThe Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts. (t) Definitions \nIn this section: (1) The terms commissioned officer , enlisted member , and warrant officer have the meanings given those terms in section 101(b) of title 10, United States Code. (2) The term eligible military dependent child means a child who— (A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and (B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. (3) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) The term qualified educational service provider means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including— (A) a private school; (B) a non-public online learning program or course provider; (C) an institution of higher education, which may include a community college or a technical college; (D) a public school; (E) a private tutor or entity that operates a tutoring facility; (F) a provider of educational materials or curriculum; (G) a provider of education-related therapies or services; or (H) any other provider of educational services licensed by a State to provide such services.", "id": "HB0E4F2ABFE1B47D98802FDB9D800148F", "header": "Military education savings accounts", "nested": [ { "text": "(a) In general \nThe Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall— (1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a Military Education Savings Account ) into which the Secretary shall deposit funds in an amount determined under subsection (d); and (2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section.", "id": "H0B529030391E4C849203BCFADA7733C6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application \n(1) In general \nTo be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. (2) Application process \nIn carrying out paragraph (1), the Secretary shall— (A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and (B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. (3) Approval \nSubject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if— (A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; (B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and (C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees— (i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; (ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; (iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and (iv) to comply with all other requirements of this section. (4) Renewals \nThe Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which— (A) the parents of the child on whose behalf the account was established choose not to renew the account; or (B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section.", "id": "H27F7702A8FBA470D9C29EED391F683AB", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Priority in the event of insufficient funds \n(1) In general \nIf the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall— (A) first renew and fully fund previously established Military Education Savings Accounts; and (B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. (2) Transfer authority \nNotwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. (3) Lottery \nThe lottery described in this paragraph is a lottery in which— (A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; (B) children of enlisted members have the next-highest probability of selection after the children described in subparagraph (A); (C) children of warrant officers have the next-highest probability of selection after the children described in subparagraph (B); and (D) children of commissioned officers have the lowest probability of selection.", "id": "H8D81A2B895E945D482012A27DE96E338", "header": "Priority in the event of insufficient funds", "nested": [], "links": [] }, { "text": "(d) Amount of deposits \n(1) First year of program \nThe amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependent child covered by the account. (2) Subsequent years \nThe amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year.", "id": "H7DD85868DA3441B383324DEDB075FE50", "header": "Amount of deposits", "nested": [], "links": [] }, { "text": "(e) Use of funds \nFunds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for— (1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; (2) private online learning programs; (3) private tutoring; (4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; (5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K–12 education; (6) computer hardware or other technological devices that are used to help meet a child’s educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; (7) educational software and applications; (8) uniforms purchased from or through a private school recognized by the State; (9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; (10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); (11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; (12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; (13) costs of attendance at an institution of higher education; (14) costs associated with an apprenticeship or other vocational training program; (15) fees for State-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; (16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or (17) any other educational expenses approved by the Secretary.", "id": "H43C120AB965048B3B742D68C42CAFD42", "header": "Use of funds", "nested": [], "links": [ { "text": "section 529(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/529" } ] }, { "text": "(f) Requirements for qualified educational service providers \n(1) Registration and approval \nThe Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). (2) Participation in online marketplace \nAs a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). (3) Surety bond \n(A) In general \nThe Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. (B) Retention \nThe Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary.", "id": "H1671647370CF4E7C97B077D640EE6158", "header": "Requirements for qualified educational service providers", "nested": [], "links": [] }, { "text": "(g) Online marketplace \n(1) In general \nThe Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall— (A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; (B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; (C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and (D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). (2) Rule of construction \nNothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1).", "id": "H3A96E23828094AF58A71506B1023498B", "header": "Online marketplace", "nested": [], "links": [] }, { "text": "(h) Transfer schedule \n(1) In general \nSubject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. (2) Choice of schedule \nThe Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). (3) Expense reports \n(A) Submission required \nBefore receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. (B) Format \nEach such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D).", "id": "HFDC67D9273974C48B856BCCF332FCCDD", "header": "Transfer schedule", "nested": [], "links": [] }, { "text": "(i) Rollover \nAmounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j).", "id": "HD46670D0B175400CA233B9F14B61DEE4", "header": "Rollover", "nested": [], "links": [] }, { "text": "(j) Termination and Return of funds \n(1) Termination \nThe Military Education Savings Account of an eligible military dependent child shall terminate on— (A) the date on which the child enrolls in a public elementary school or secondary school on a full-time basis; (B) in the case of a child who is pursuing postsecondary education, the earlier of— (i) the date on which the child completes postsecondary education; or (ii) the date on which the child attains the age of 22 years; (C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or (D) in the case of an individual not described in subparagraph (B) or (C), the earlier of— (i) the date on which the child attains the age of 22 years; or (ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. (2) Return of funds \nAny funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section.", "id": "HDF9EB456359F4FFB82303F3ADB7364B5", "header": "Termination and Return of funds", "nested": [], "links": [] }, { "text": "(k) Compulsory attendance requirements \nA State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State’s compulsory school attendance requirements for such school year.", "id": "HD369588835E64715AB6D5396BEAE20AE", "header": "Compulsory attendance requirements", "nested": [], "links": [] }, { "text": "(l) Special rule \nIn the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year— (1) the child may not attend the public school free of charge; and (2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child’s costs of attendance at such school.", "id": "H30E6D7A739DD470390FA39A72CC04C44", "header": "Special rule", "nested": [], "links": [] }, { "text": "(m) Tax treatment of accounts \n(1) In general \nA Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions \nFor purposes of subtitle A of the Internal Revenue Code of 1986— (A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and (B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual.", "id": "HADC1F515155142E592897948972A2453", "header": "Tax treatment of accounts", "nested": [], "links": [] }, { "text": "(n) Fraud prevention and reporting \nThe Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section.", "id": "HB4C846F318E648D0B33BE8ACD98BE877", "header": "Fraud prevention and reporting", "nested": [], "links": [] }, { "text": "(o) Contract authority \nThe Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section.", "id": "H47340E518C9D47509F97F1B8B59F0A40", "header": "Contract authority", "nested": [], "links": [] }, { "text": "(p) Refunds \nThe Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider.", "id": "HDCFDE05AF9C54DA6AE8F202266524DD0", "header": "Refunds", "nested": [], "links": [] }, { "text": "(q) Rules of construction \n(1) Nonagency \nA qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Prohibition of Federal or State supervision or control over nonpublic education providers \n(A) In general \nNothing in this section shall be construed to permit, allow, encourage, or authorize any Federal or State control or supervision over any aspect of any qualified educational service provider, including a private, religious, or home education provider (without regard to whether a home education provider is treated as a private school or home school under State law). This section shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act. (B) No religion-based discrimination \nThe Secretary shall not exclude, discriminate against, or otherwise disadvantage any qualified educational service provider with respect to programs or services under this section based in whole or in part on the provider’s religious education character or affiliation, including religiously based or mission-based policies or practices. (3) Imposition of additional requirements \nNo Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance \nFor purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account.", "id": "H5FAA460495434FDDB02D064D0398AF3C", "header": "Rules of construction", "nested": [], "links": [] }, { "text": "(r) Legal proceedings \n(1) Burden \nIn any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. (2) Limitation on liability \n(A) In general \nNo liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described \nThe entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). (iii) A qualified educational service provider. (3) Intervention \n(A) In general \nExcept as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. (B) Exception \nFor purposes of judicial administration, a court may— (i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or (ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding.", "id": "HB660924EF9F147208E7F21C48E7240CC", "header": "Legal proceedings", "nested": [], "links": [] }, { "text": "(s) Administrative expenses \nThe Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts.", "id": "HE564CFE7B7D74566A75256BDABDA833D", "header": "Administrative expenses", "nested": [], "links": [] }, { "text": "(t) Definitions \nIn this section: (1) The terms commissioned officer , enlisted member , and warrant officer have the meanings given those terms in section 101(b) of title 10, United States Code. (2) The term eligible military dependent child means a child who— (A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and (B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. (3) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) The term qualified educational service provider means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including— (A) a private school; (B) a non-public online learning program or course provider; (C) an institution of higher education, which may include a community college or a technical college; (D) a public school; (E) a private tutor or entity that operates a tutoring facility; (F) a provider of educational materials or curriculum; (G) a provider of education-related therapies or services; or (H) any other provider of educational services licensed by a State to provide such services.", "id": "H170D4215CA83464081AA171E993CC28E", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] } ], "links": [ { "text": "section 529(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "3. Authorization of appropriations \nSection 7014 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7714 ) is amended by adding at the end the following: (f) Military education savings accounts \nFor the purpose of carrying out section 7012A— (1) there are authorized to be appropriated $1,200,000,000 for fiscal year 2024; and (2) for each fiscal year beginning after fiscal year 2024, the amount authorized to be appropriated shall be the amount authorized to be appropriated for the previous fiscal year increased by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous fiscal year..", "id": "H36D0A32E3D504C93BC415D802D77F61A", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "20 U.S.C. 7714", "legal-doc": "usc", "parsable-cite": "usc/20/7714" } ] } ]
4
1. Short title This Act may be cited as the Education Savings Accounts for Military Families Act of 2023. 2. Military education savings accounts (a) In general Title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7701 et seq. ) is amended by inserting after section 7012 the following: 7012A. Military education savings accounts (a) In general The Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall— (1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a Military Education Savings Account ) into which the Secretary shall deposit funds in an amount determined under subsection (d); and (2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section. (b) Application (1) In general To be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. (2) Application process In carrying out paragraph (1), the Secretary shall— (A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and (B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. (3) Approval Subject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if— (A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; (B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and (C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees— (i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; (ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; (iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and (iv) to comply with all other requirements of this section. (4) Renewals The Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which— (A) the parents of the child on whose behalf the account was established choose not to renew the account; or (B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section. (c) Priority in the event of insufficient funds (1) In general If the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall— (A) first renew and fully fund previously established Military Education Savings Accounts; and (B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. (2) Transfer authority Notwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. (3) Lottery The lottery described in this paragraph is a lottery in which— (A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; (B) children of enlisted members have the next-highest probability of selection after the children described in subparagraph (A); (C) children of warrant officers have the next-highest probability of selection after the children described in subparagraph (B); and (D) children of commissioned officers have the lowest probability of selection. (d) Amount of deposits (1) First year of program The amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependent child covered by the account. (2) Subsequent years The amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year. (e) Use of funds Funds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for— (1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; (2) private online learning programs; (3) private tutoring; (4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; (5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K–12 education; (6) computer hardware or other technological devices that are used to help meet a child’s educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; (7) educational software and applications; (8) uniforms purchased from or through a private school recognized by the State; (9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; (10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); (11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; (12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; (13) costs of attendance at an institution of higher education; (14) costs associated with an apprenticeship or other vocational training program; (15) fees for State-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; (16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or (17) any other educational expenses approved by the Secretary. (f) Requirements for qualified educational service providers (1) Registration and approval The Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). (2) Participation in online marketplace As a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). (3) Surety bond (A) In general The Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. (B) Retention The Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary. (g) Online marketplace (1) In general The Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall— (A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; (B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; (C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and (D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). (2) Rule of construction Nothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1). (h) Transfer schedule (1) In general Subject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. (2) Choice of schedule The Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). (3) Expense reports (A) Submission required Before receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. (B) Format Each such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D). (i) Rollover Amounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j). (j) Termination and Return of funds (1) Termination The Military Education Savings Account of an eligible military dependent child shall terminate on— (A) the date on which the child enrolls in a public elementary school or secondary school on a full-time basis; (B) in the case of a child who is pursuing postsecondary education, the earlier of— (i) the date on which the child completes postsecondary education; or (ii) the date on which the child attains the age of 22 years; (C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or (D) in the case of an individual not described in subparagraph (B) or (C), the earlier of— (i) the date on which the child attains the age of 22 years; or (ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. (2) Return of funds Any funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section. (k) Compulsory attendance requirements A State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State’s compulsory school attendance requirements for such school year. (l) Special rule In the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year— (1) the child may not attend the public school free of charge; and (2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child’s costs of attendance at such school. (m) Tax treatment of accounts (1) In general A Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions For purposes of subtitle A of the Internal Revenue Code of 1986— (A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and (B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual. (n) Fraud prevention and reporting The Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section. (o) Contract authority The Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section. (p) Refunds The Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider. (q) Rules of construction (1) Nonagency A qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Prohibition of Federal or State supervision or control over nonpublic education providers (A) In general Nothing in this section shall be construed to permit, allow, encourage, or authorize any Federal or State control or supervision over any aspect of any qualified educational service provider, including a private, religious, or home education provider (without regard to whether a home education provider is treated as a private school or home school under State law). This section shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act. (B) No religion-based discrimination The Secretary shall not exclude, discriminate against, or otherwise disadvantage any qualified educational service provider with respect to programs or services under this section based in whole or in part on the provider’s religious education character or affiliation, including religiously based or mission-based policies or practices. (3) Imposition of additional requirements No Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance For purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. (r) Legal proceedings (1) Burden In any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. (2) Limitation on liability (A) In general No liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described The entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). (iii) A qualified educational service provider. (3) Intervention (A) In general Except as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. (B) Exception For purposes of judicial administration, a court may— (i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or (ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding. (s) Administrative expenses The Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts. (t) Definitions In this section: (1) The terms commissioned officer , enlisted member , and warrant officer have the meanings given those terms in section 101(b) of title 10, United States Code. (2) The term eligible military dependent child means a child who— (A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and (B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. (3) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) The term qualified educational service provider means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including— (A) a private school; (B) a non-public online learning program or course provider; (C) an institution of higher education, which may include a community college or a technical college; (D) a public school; (E) a private tutor or entity that operates a tutoring facility; (F) a provider of educational materials or curriculum; (G) a provider of education-related therapies or services; or (H) any other provider of educational services licensed by a State to provide such services.. (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 7012 the following: Sec. 7012A. Military education savings accounts.. 7012A. Military education savings accounts (a) In general The Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall— (1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a Military Education Savings Account ) into which the Secretary shall deposit funds in an amount determined under subsection (d); and (2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section. (b) Application (1) In general To be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. (2) Application process In carrying out paragraph (1), the Secretary shall— (A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and (B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. (3) Approval Subject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if— (A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; (B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and (C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees— (i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; (ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; (iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and (iv) to comply with all other requirements of this section. (4) Renewals The Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which— (A) the parents of the child on whose behalf the account was established choose not to renew the account; or (B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section. (c) Priority in the event of insufficient funds (1) In general If the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall— (A) first renew and fully fund previously established Military Education Savings Accounts; and (B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. (2) Transfer authority Notwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. (3) Lottery The lottery described in this paragraph is a lottery in which— (A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; (B) children of enlisted members have the next-highest probability of selection after the children described in subparagraph (A); (C) children of warrant officers have the next-highest probability of selection after the children described in subparagraph (B); and (D) children of commissioned officers have the lowest probability of selection. (d) Amount of deposits (1) First year of program The amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependent child covered by the account. (2) Subsequent years The amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year. (e) Use of funds Funds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for— (1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; (2) private online learning programs; (3) private tutoring; (4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; (5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K–12 education; (6) computer hardware or other technological devices that are used to help meet a child’s educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; (7) educational software and applications; (8) uniforms purchased from or through a private school recognized by the State; (9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; (10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); (11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; (12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; (13) costs of attendance at an institution of higher education; (14) costs associated with an apprenticeship or other vocational training program; (15) fees for State-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; (16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or (17) any other educational expenses approved by the Secretary. (f) Requirements for qualified educational service providers (1) Registration and approval The Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). (2) Participation in online marketplace As a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). (3) Surety bond (A) In general The Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. (B) Retention The Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary. (g) Online marketplace (1) In general The Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall— (A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; (B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; (C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and (D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). (2) Rule of construction Nothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1). (h) Transfer schedule (1) In general Subject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. (2) Choice of schedule The Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). (3) Expense reports (A) Submission required Before receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. (B) Format Each such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D). (i) Rollover Amounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j). (j) Termination and Return of funds (1) Termination The Military Education Savings Account of an eligible military dependent child shall terminate on— (A) the date on which the child enrolls in a public elementary school or secondary school on a full-time basis; (B) in the case of a child who is pursuing postsecondary education, the earlier of— (i) the date on which the child completes postsecondary education; or (ii) the date on which the child attains the age of 22 years; (C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or (D) in the case of an individual not described in subparagraph (B) or (C), the earlier of— (i) the date on which the child attains the age of 22 years; or (ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. (2) Return of funds Any funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section. (k) Compulsory attendance requirements A State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State’s compulsory school attendance requirements for such school year. (l) Special rule In the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year— (1) the child may not attend the public school free of charge; and (2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child’s costs of attendance at such school. (m) Tax treatment of accounts (1) In general A Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions For purposes of subtitle A of the Internal Revenue Code of 1986— (A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and (B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual. (n) Fraud prevention and reporting The Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section. (o) Contract authority The Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section. (p) Refunds The Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider. (q) Rules of construction (1) Nonagency A qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Prohibition of Federal or State supervision or control over nonpublic education providers (A) In general Nothing in this section shall be construed to permit, allow, encourage, or authorize any Federal or State control or supervision over any aspect of any qualified educational service provider, including a private, religious, or home education provider (without regard to whether a home education provider is treated as a private school or home school under State law). This section shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act. (B) No religion-based discrimination The Secretary shall not exclude, discriminate against, or otherwise disadvantage any qualified educational service provider with respect to programs or services under this section based in whole or in part on the provider’s religious education character or affiliation, including religiously based or mission-based policies or practices. (3) Imposition of additional requirements No Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance For purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. (r) Legal proceedings (1) Burden In any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. (2) Limitation on liability (A) In general No liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described The entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). (iii) A qualified educational service provider. (3) Intervention (A) In general Except as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. (B) Exception For purposes of judicial administration, a court may— (i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or (ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding. (s) Administrative expenses The Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts. (t) Definitions In this section: (1) The terms commissioned officer , enlisted member , and warrant officer have the meanings given those terms in section 101(b) of title 10, United States Code. (2) The term eligible military dependent child means a child who— (A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and (B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. (3) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) The term qualified educational service provider means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including— (A) a private school; (B) a non-public online learning program or course provider; (C) an institution of higher education, which may include a community college or a technical college; (D) a public school; (E) a private tutor or entity that operates a tutoring facility; (F) a provider of educational materials or curriculum; (G) a provider of education-related therapies or services; or (H) any other provider of educational services licensed by a State to provide such services. 3. Authorization of appropriations Section 7014 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7714 ) is amended by adding at the end the following: (f) Military education savings accounts For the purpose of carrying out section 7012A— (1) there are authorized to be appropriated $1,200,000,000 for fiscal year 2024; and (2) for each fiscal year beginning after fiscal year 2024, the amount authorized to be appropriated shall be the amount authorized to be appropriated for the previous fiscal year increased by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous fiscal year..
42,348
[ "Appropriations Committee", "Ways and Means Committee", "Education and the Workforce Committee" ]
118hr2589ih
118
hr
2,589
ih
To prohibit the use of funds made available for the official travel expenses of a Member of Congress or other officer or employee of any office in the legislative branch for airline accommodations which are not coach-class accommodations.
[ { "text": "1. Short title \nThis Act may be cited as the No Tax Dollars for First-Class Flights Act.", "id": "H0624324C9E1848F0BDD6E616ABB83181", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibiting use of funds for official travel expenses of Members of Congress and legislative branch employees for airline accommodations other than coach class \n(a) Prohibition \nExcept as provided in subsection (b), no funds appropriated or otherwise made available for the official travel expenses of a Member of Congress or other officer or employee of any office in the legislative branch may be used for airline accommodations which are not coach-class accommodations. (b) Exceptions \nFunds described in subsection (a) may be used for airline accommodations which are not coach-class accommodations for an individual described in subsection (a) if the use of the funds for such accommodations would be permitted under sections 301–10.121 through 301–10.125 of title 41 of the Code of Federal Regulations if the individual were an employee of an agency which is subject to chapter 301 of such title. (c) Rule of Construction \nNothing in this Act may be construed to affect any officer or employee of an office of the legislative branch which, as of the date of the enactment of this Act, is subject to chapter 301 of title 41 of the Code of Federal Regulations. (d) Definitions \n(1) Coach-class accommodations \nIn this Act, the term coach-class accommodations means the basic class of accommodation by airlines that is normally the lowest fare offered regardless of airline terminology used, and (as referred to by airlines) may include tourist class or economy class, as well as single class when the airline offers only one class of accommodations to all travelers. (2) 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 section shall apply with respect to fiscal year 2024 and each succeeding fiscal year.", "id": "H1E8F4866CADB45CAA3C2819A246834FD", "header": "Prohibiting use of funds for official travel expenses of Members of Congress and legislative branch employees for airline accommodations other than coach class", "nested": [ { "text": "(a) Prohibition \nExcept as provided in subsection (b), no funds appropriated or otherwise made available for the official travel expenses of a Member of Congress or other officer or employee of any office in the legislative branch may be used for airline accommodations which are not coach-class accommodations.", "id": "H6E6606F4099F4135BEE91D14FF918DA8", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Exceptions \nFunds described in subsection (a) may be used for airline accommodations which are not coach-class accommodations for an individual described in subsection (a) if the use of the funds for such accommodations would be permitted under sections 301–10.121 through 301–10.125 of title 41 of the Code of Federal Regulations if the individual were an employee of an agency which is subject to chapter 301 of such title.", "id": "HA7A9F933A2604E08AD9639DD528565AA", "header": "Exceptions", "nested": [], "links": [] }, { "text": "(c) Rule of Construction \nNothing in this Act may be construed to affect any officer or employee of an office of the legislative branch which, as of the date of the enactment of this Act, is subject to chapter 301 of title 41 of the Code of Federal Regulations.", "id": "H2FC5608DD85944FA857715ACAB26EC3F", "header": "Rule of Construction", "nested": [], "links": [ { "text": "chapter 301", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/41/301" } ] }, { "text": "(d) Definitions \n(1) Coach-class accommodations \nIn this Act, the term coach-class accommodations means the basic class of accommodation by airlines that is normally the lowest fare offered regardless of airline terminology used, and (as referred to by airlines) may include tourist class or economy class, as well as single class when the airline offers only one class of accommodations to all travelers. (2) 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": "H5D12433DA3804F59ACCCF5C7CF4B1417", "header": "Definitions", "nested": [], "links": [] }, { "text": "(e) Effective date \nThis section shall apply with respect to fiscal year 2024 and each succeeding fiscal year.", "id": "H362B70C334934304B6FAB037551A2D18", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 301", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/41/301" } ] } ]
2
1. Short title This Act may be cited as the No Tax Dollars for First-Class Flights Act. 2. Prohibiting use of funds for official travel expenses of Members of Congress and legislative branch employees for airline accommodations other than coach class (a) Prohibition Except as provided in subsection (b), no funds appropriated or otherwise made available for the official travel expenses of a Member of Congress or other officer or employee of any office in the legislative branch may be used for airline accommodations which are not coach-class accommodations. (b) Exceptions Funds described in subsection (a) may be used for airline accommodations which are not coach-class accommodations for an individual described in subsection (a) if the use of the funds for such accommodations would be permitted under sections 301–10.121 through 301–10.125 of title 41 of the Code of Federal Regulations if the individual were an employee of an agency which is subject to chapter 301 of such title. (c) Rule of Construction Nothing in this Act may be construed to affect any officer or employee of an office of the legislative branch which, as of the date of the enactment of this Act, is subject to chapter 301 of title 41 of the Code of Federal Regulations. (d) Definitions (1) Coach-class accommodations In this Act, the term coach-class accommodations means the basic class of accommodation by airlines that is normally the lowest fare offered regardless of airline terminology used, and (as referred to by airlines) may include tourist class or economy class, as well as single class when the airline offers only one class of accommodations to all travelers. (2) 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 section shall apply with respect to fiscal year 2024 and each succeeding fiscal year.
1,933
[ "Committee on House Administration" ]
118hr3901ih
118
hr
3,901
ih
To establish procedures to reduce agency funding for failure to comply with lawfully issued congressional subpoenas, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Agency Subpoena Compliance Act.", "id": "H894F9BBD46AD42EE965D181D77DF6205", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Procedures for reducing agency funding for a failure to adhere to comply with subpoenas \n(a) Report from the president \n(1) In general \nNot later than October 31 of each year, the President shall submit to the Committee on Oversight and Accountability of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes, with respect to the previous fiscal year, each subpoena issued to or received by, or both, an agency which received funding pursuant to a regular appropriation bill. (2) Report format \nThe report described in paragraph (1) shall separate each such agency and subpoena issued to, received by, or both into separate titles of the report pursuant to the regular appropriation bill which provides funding for each such agency. (b) Committee hearing with respect to agency actions \nNot later than 45 days after the date on which a report is received pursuant to subsection (a), each such committee shall hold a hearing with respect to whether each lawfully issued congressional subpoena included in such report was complied with by the relevant agency. (c) Committee report \nNot later than 45 day after the date on which a hearing is held pursuant to subsection (b), the Committee on Oversight and Accountability of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate shall each, with respect to each title of the report submitted by the President under subsection (a)— (1) vote on a report that contains the conclusions of the committee with respect to whether each agency complied with each lawfully issued congressional subpoena; (2) in the case that either committee, by majority vote, determines that any agency did not comply with a lawfully issued congressional subpoena to the relevant agency, include in the report a proposed reduction of funding in the regular appropriation bill which provides funding for each such agency for the subsequent fiscal year in the amount equal to a half of a percent for each lawfully issued congressional subpoena that was not complied with; (3) in the case that the report submitted by the President under subsection (a) was submitted after the deadline required under subsection (a)(1), include in the report a proposed reduction of funding in the regular appropriation bill which provides funding for the Executive Office of the President for the subsequent fiscal year in the amount equal to two percent for each week during the period that starts on the deadline under subsection (a)(1) and ends on the date the President submits such report; and (4) submit such report to the House of Representatives or the Senate, as the case may be. (d) Providing for reduction in agency funding \n(1) Procedures in the house of representatives \nClause 2 of rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: (h) It shall be in order, if offered by the chair of the Committee on Oversight and Accountability or the chair’s designee, to offer an amendment to a general appropriation bill for a fiscal year providing for a reduction in funding for an agency or, if applicable, the Executive Office of the President in such general appropriation bill in the amount equal to a proposed reduction of funding for such agency or the Executive Office of the President for such fiscal year as reported by the committee pursuant to subsection (c) of the Agency Subpoena Compliance Act.. (2) Procedures in the senate \nNotwithstanding any rule of the Standing Rules of the Senate, it shall be in order, if offered by the chair of the Committee on Homeland Security and Governmental Affairs of the Senate or the chair’s designee, to offer an amendment to a general appropriation bill for a fiscal year providing for a reduction in funding for an agency or, if applicable, the Executive Office of the President, in such general appropriation bill in the amount equal to a proposed reduction of funding for such agency or the Executive Office of the President for such fiscal year as reported by the committee pursuant to subsection (c) of this Act. (e) Exercise of rulemaking power \nThis section, except with respect to subsection (a), is enacted by Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such shall be considered as part of the rules of each House, respectively, or of that House to which it specifically applies, and it supersedes other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (f) Definitions \nIn this section, the following definitions apply: (1) Agency \nThe term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Subpoena \nThe term subpoena has the meaning given the term in Rule XI, clause 2(m)(1) of the Rules of the House of Representatives. (3) Regular appropriation bill \nThe term regular appropriation bill means any annual appropriation bill which, with respect to the Congress involved, is under the jurisdiction of a single subcommittee of the Committee on Appropriations of the House of Representatives (pursuant to the Rules of the House of Representatives for that Congress) and a single subcommittee of the Committee on Appropriations of the Senate (pursuant to the Standing Rules of the Senate). (g) Effective date \nThis section shall take effect on the date of the enactment of this Act.", "id": "HC801CE658CB940A280EBF60F2AD3E760", "header": "Procedures for reducing agency funding for a failure to adhere to comply with subpoenas", "nested": [ { "text": "(a) Report from the president \n(1) In general \nNot later than October 31 of each year, the President shall submit to the Committee on Oversight and Accountability of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes, with respect to the previous fiscal year, each subpoena issued to or received by, or both, an agency which received funding pursuant to a regular appropriation bill. (2) Report format \nThe report described in paragraph (1) shall separate each such agency and subpoena issued to, received by, or both into separate titles of the report pursuant to the regular appropriation bill which provides funding for each such agency.", "id": "H51CB5AE74A9F43DE81C2FB30D8B6F0DA", "header": "Report from the president", "nested": [], "links": [] }, { "text": "(b) Committee hearing with respect to agency actions \nNot later than 45 days after the date on which a report is received pursuant to subsection (a), each such committee shall hold a hearing with respect to whether each lawfully issued congressional subpoena included in such report was complied with by the relevant agency.", "id": "H2F6EF8C5EACF4AD7A9687703B454A31B", "header": "Committee hearing with respect to agency actions", "nested": [], "links": [] }, { "text": "(c) Committee report \nNot later than 45 day after the date on which a hearing is held pursuant to subsection (b), the Committee on Oversight and Accountability of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate shall each, with respect to each title of the report submitted by the President under subsection (a)— (1) vote on a report that contains the conclusions of the committee with respect to whether each agency complied with each lawfully issued congressional subpoena; (2) in the case that either committee, by majority vote, determines that any agency did not comply with a lawfully issued congressional subpoena to the relevant agency, include in the report a proposed reduction of funding in the regular appropriation bill which provides funding for each such agency for the subsequent fiscal year in the amount equal to a half of a percent for each lawfully issued congressional subpoena that was not complied with; (3) in the case that the report submitted by the President under subsection (a) was submitted after the deadline required under subsection (a)(1), include in the report a proposed reduction of funding in the regular appropriation bill which provides funding for the Executive Office of the President for the subsequent fiscal year in the amount equal to two percent for each week during the period that starts on the deadline under subsection (a)(1) and ends on the date the President submits such report; and (4) submit such report to the House of Representatives or the Senate, as the case may be.", "id": "HAC14A30C76824BCCA3BEC7ECCD2E3EA1", "header": "Committee report", "nested": [], "links": [] }, { "text": "(d) Providing for reduction in agency funding \n(1) Procedures in the house of representatives \nClause 2 of rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: (h) It shall be in order, if offered by the chair of the Committee on Oversight and Accountability or the chair’s designee, to offer an amendment to a general appropriation bill for a fiscal year providing for a reduction in funding for an agency or, if applicable, the Executive Office of the President in such general appropriation bill in the amount equal to a proposed reduction of funding for such agency or the Executive Office of the President for such fiscal year as reported by the committee pursuant to subsection (c) of the Agency Subpoena Compliance Act.. (2) Procedures in the senate \nNotwithstanding any rule of the Standing Rules of the Senate, it shall be in order, if offered by the chair of the Committee on Homeland Security and Governmental Affairs of the Senate or the chair’s designee, to offer an amendment to a general appropriation bill for a fiscal year providing for a reduction in funding for an agency or, if applicable, the Executive Office of the President, in such general appropriation bill in the amount equal to a proposed reduction of funding for such agency or the Executive Office of the President for such fiscal year as reported by the committee pursuant to subsection (c) of this Act.", "id": "H98183CE4A19C4EBBA8E07B2A64C1CA82", "header": "Providing for reduction in agency funding", "nested": [], "links": [] }, { "text": "(e) Exercise of rulemaking power \nThis section, except with respect to subsection (a), is enacted by Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such shall be considered as part of the rules of each House, respectively, or of that House to which it specifically applies, and it supersedes other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "H226BF45D362244BB99C2EB18696A70DE", "header": "Exercise of rulemaking power", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section, the following definitions apply: (1) Agency \nThe term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Subpoena \nThe term subpoena has the meaning given the term in Rule XI, clause 2(m)(1) of the Rules of the House of Representatives. (3) Regular appropriation bill \nThe term regular appropriation bill means any annual appropriation bill which, with respect to the Congress involved, is under the jurisdiction of a single subcommittee of the Committee on Appropriations of the House of Representatives (pursuant to the Rules of the House of Representatives for that Congress) and a single subcommittee of the Committee on Appropriations of the Senate (pursuant to the Standing Rules of the Senate).", "id": "H8A5B58EEE94E48249EC5982B716A0CA0", "header": "Definitions", "nested": [], "links": [] }, { "text": "(g) Effective date \nThis section shall take effect on the date of the enactment of this Act.", "id": "HF488F43041574AF9937B124C96808FD4", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Agency Subpoena Compliance Act. 2. Procedures for reducing agency funding for a failure to adhere to comply with subpoenas (a) Report from the president (1) In general Not later than October 31 of each year, the President shall submit to the Committee on Oversight and Accountability of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes, with respect to the previous fiscal year, each subpoena issued to or received by, or both, an agency which received funding pursuant to a regular appropriation bill. (2) Report format The report described in paragraph (1) shall separate each such agency and subpoena issued to, received by, or both into separate titles of the report pursuant to the regular appropriation bill which provides funding for each such agency. (b) Committee hearing with respect to agency actions Not later than 45 days after the date on which a report is received pursuant to subsection (a), each such committee shall hold a hearing with respect to whether each lawfully issued congressional subpoena included in such report was complied with by the relevant agency. (c) Committee report Not later than 45 day after the date on which a hearing is held pursuant to subsection (b), the Committee on Oversight and Accountability of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate shall each, with respect to each title of the report submitted by the President under subsection (a)— (1) vote on a report that contains the conclusions of the committee with respect to whether each agency complied with each lawfully issued congressional subpoena; (2) in the case that either committee, by majority vote, determines that any agency did not comply with a lawfully issued congressional subpoena to the relevant agency, include in the report a proposed reduction of funding in the regular appropriation bill which provides funding for each such agency for the subsequent fiscal year in the amount equal to a half of a percent for each lawfully issued congressional subpoena that was not complied with; (3) in the case that the report submitted by the President under subsection (a) was submitted after the deadline required under subsection (a)(1), include in the report a proposed reduction of funding in the regular appropriation bill which provides funding for the Executive Office of the President for the subsequent fiscal year in the amount equal to two percent for each week during the period that starts on the deadline under subsection (a)(1) and ends on the date the President submits such report; and (4) submit such report to the House of Representatives or the Senate, as the case may be. (d) Providing for reduction in agency funding (1) Procedures in the house of representatives Clause 2 of rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: (h) It shall be in order, if offered by the chair of the Committee on Oversight and Accountability or the chair’s designee, to offer an amendment to a general appropriation bill for a fiscal year providing for a reduction in funding for an agency or, if applicable, the Executive Office of the President in such general appropriation bill in the amount equal to a proposed reduction of funding for such agency or the Executive Office of the President for such fiscal year as reported by the committee pursuant to subsection (c) of the Agency Subpoena Compliance Act.. (2) Procedures in the senate Notwithstanding any rule of the Standing Rules of the Senate, it shall be in order, if offered by the chair of the Committee on Homeland Security and Governmental Affairs of the Senate or the chair’s designee, to offer an amendment to a general appropriation bill for a fiscal year providing for a reduction in funding for an agency or, if applicable, the Executive Office of the President, in such general appropriation bill in the amount equal to a proposed reduction of funding for such agency or the Executive Office of the President for such fiscal year as reported by the committee pursuant to subsection (c) of this Act. (e) Exercise of rulemaking power This section, except with respect to subsection (a), is enacted by Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such shall be considered as part of the rules of each House, respectively, or of that House to which it specifically applies, and it supersedes other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (f) Definitions In this section, the following definitions apply: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Subpoena The term subpoena has the meaning given the term in Rule XI, clause 2(m)(1) of the Rules of the House of Representatives. (3) Regular appropriation bill The term regular appropriation bill means any annual appropriation bill which, with respect to the Congress involved, is under the jurisdiction of a single subcommittee of the Committee on Appropriations of the House of Representatives (pursuant to the Rules of the House of Representatives for that Congress) and a single subcommittee of the Committee on Appropriations of the Senate (pursuant to the Standing Rules of the Senate). (g) Effective date This section shall take effect on the date of the enactment of this Act.
5,800
[ "Oversight and Accountability Committee", "Rules Committee" ]
118hr6497ih
118
hr
6,497
ih
To amend the Watershed Protection and Flood Prevention Act to improve that Act, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Healthy Watersheds, Healthy Communities Act of 2023.", "id": "H68F21A1B80424536A9216D8EE270A0BE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Short title; findings; declaration of policy \nThe first section of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 ) is amended to read as follows: 1. Short title; findings; declaration of policy \n(a) Short title \nThis Act may be cited as the Watershed Protection and Flood Prevention Act. (b) Findings \nCongress finds that erosion, floodwater, drought, and sediment damages in the watersheds of the rivers and streams of the United States cause loss of life, declines in agricultural production, harm to fish, birds, wildlife, and recreation opportunities, and damage to property, thereby constituting a menace to the national welfare. (c) Sense of Congress \nIt is the sense of Congress that the Federal Government should cooperate with States and political subdivisions of States, Tribal organizations described in section 2(2)(C), insular areas (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )), soil or water conservation districts, flood prevention or control districts, irrigation districts or similar entities, nonprofit organizations, and other local public agencies for the purposes of— (1) preventing the damages described in subsection (b); (2) furthering the conservation, development, utilization, and disposal of water, and the conservation and utilization of land; and (3) thereby preserving, protecting, and improving land and water resources and the quality of the environment..", "id": "H4F1CD31649544591BED99C2A06985242", "header": "Short title; findings; declaration of policy", "nested": [], "links": [ { "text": "16 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/16/1001" }, { "text": "7 U.S.C. 3103", "legal-doc": "usc", "parsable-cite": "usc/7/3103" } ] }, { "text": "1. Short title; findings; declaration of policy \n(a) Short title \nThis Act may be cited as the Watershed Protection and Flood Prevention Act. (b) Findings \nCongress finds that erosion, floodwater, drought, and sediment damages in the watersheds of the rivers and streams of the United States cause loss of life, declines in agricultural production, harm to fish, birds, wildlife, and recreation opportunities, and damage to property, thereby constituting a menace to the national welfare. (c) Sense of Congress \nIt is the sense of Congress that the Federal Government should cooperate with States and political subdivisions of States, Tribal organizations described in section 2(2)(C), insular areas (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )), soil or water conservation districts, flood prevention or control districts, irrigation districts or similar entities, nonprofit organizations, and other local public agencies for the purposes of— (1) preventing the damages described in subsection (b); (2) furthering the conservation, development, utilization, and disposal of water, and the conservation and utilization of land; and (3) thereby preserving, protecting, and improving land and water resources and the quality of the environment.", "id": "HC8F8CFEE3FA54BEC8488E285AAC69B58", "header": "Short title; findings; declaration of policy", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Watershed Protection and Flood Prevention Act.", "id": "H0595AE23D0BF4BDC8A8AF6BFA14C44E9", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings \nCongress finds that erosion, floodwater, drought, and sediment damages in the watersheds of the rivers and streams of the United States cause loss of life, declines in agricultural production, harm to fish, birds, wildlife, and recreation opportunities, and damage to property, thereby constituting a menace to the national welfare.", "id": "H976B3BFEF4FE4F7E9BED7E6B915CD730", "header": "Findings", "nested": [], "links": [] }, { "text": "(c) Sense of Congress \nIt is the sense of Congress that the Federal Government should cooperate with States and political subdivisions of States, Tribal organizations described in section 2(2)(C), insular areas (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )), soil or water conservation districts, flood prevention or control districts, irrigation districts or similar entities, nonprofit organizations, and other local public agencies for the purposes of— (1) preventing the damages described in subsection (b); (2) furthering the conservation, development, utilization, and disposal of water, and the conservation and utilization of land; and (3) thereby preserving, protecting, and improving land and water resources and the quality of the environment.", "id": "HAA537B01EDF34E379F218E4CCC99069A", "header": "Sense of Congress", "nested": [], "links": [ { "text": "7 U.S.C. 3103", "legal-doc": "usc", "parsable-cite": "usc/7/3103" } ] } ], "links": [ { "text": "7 U.S.C. 3103", "legal-doc": "usc", "parsable-cite": "usc/7/3103" } ] }, { "text": "3. Definitions \nSection 2 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1002 ) is amended to read as follows: 2. Definitions \nIn this Act: (1) Irrigation efficiency \nThe term irrigation efficiency means a reduction in the quantity of non-consumed water diverted at a source for irrigation purposes, consistent with State water law. (2) Local organization \nThe term local organization means— (A) (i) any State, political subdivision of a State, soil or water conservation district, flood prevention or control district, or combination thereof; or (ii) any other governmental agency having authority under State law to carry out, maintain, and operate a work of improvement; (B) any irrigation district or reservoir company, water users’ association, canal company, ditch association, acequia, or similar entity, or nongovernmental organization that is not being operated for profit, with— (i) the capacity to engage in the planning or implementation of land treatment and related conservation measures; or (ii) the authority to construct and maintain structural measures; or (C) any Indian Tribe or Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) having authority under Federal, State, or Indian Tribal law to carry out, maintain, and operate a work of improvement. (3) Multibenefit work of improvement \nThe term multibenefit work of improvement means a work of improvement, including irrigation efficiency, flood-damage reduction, water management, or watershed protection, that provides 2 or more of the following public benefits: (A) Improvement in the condition of a natural feature that increases fish or wildlife habitat, reduces drought impact, or reduces flood-risk. (B) Improvement in water quality. (C) Water conservation. (D) Improvement to instream flow. (E) Enhanced fish passage or reduction in fish entrainment. (F) Permanent protection of a natural feature. (G) Off-channel renewable energy production. (4) Natural feature \nThe term natural feature means a feature that is created through the action of physical, geological, biological, and natural chemical processes over time. (5) Secretary \nThe term Secretary means the Secretary of Agriculture. (6) Water conservation \nThe term water conservation means a reduction in total annual consumptive water use compared to total annual consumptive water use before a work of improvement is carried out under this Act. (7) Water management \nThe term water management means any project or activity carried out to increase the efficiency of water use, transfer, diversion, or conveyance. (8) Work of improvement \n(A) In general \nThe term work of improvement means any undertaking carried out in a watershed or subwatershed area not exceeding 250,000 acres (including on Federal land necessary to accomplish the purposes of the undertaking) for— (i) flood prevention (including structural and land treatment measures); (ii) the conservation, development, utilization, and disposal of water; or (iii) the conservation and proper utilization of land. (B) Exclusion \nThe term work of improvement does not include any single structure that provides— (i) more than 12,500 acre-feet of floodwater detention capacity; and (ii) more than 25,000 acre-feet of total capacity. (C) Requirement for agriculture or conservation benefits \nEach undertaking described in subparagraph (A) shall contain benefits directly related to agriculture or conservation, including communities in rural areas (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )), that account for at least 20 percent of the total benefits of the undertaking. (D) Consolidated planning \n1 or more subwatersheds, when the subwatersheds are components of a larger watershed, may be planned together at the discretion of the local organization sponsoring the applicable undertaking..", "id": "HFE9FDE52D2914C89A515D761F0DFF080", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/16/1002" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "7 U.S.C. 1991(a)", "legal-doc": "usc", "parsable-cite": "usc/7/1991" } ] }, { "text": "2. Definitions \nIn this Act: (1) Irrigation efficiency \nThe term irrigation efficiency means a reduction in the quantity of non-consumed water diverted at a source for irrigation purposes, consistent with State water law. (2) Local organization \nThe term local organization means— (A) (i) any State, political subdivision of a State, soil or water conservation district, flood prevention or control district, or combination thereof; or (ii) any other governmental agency having authority under State law to carry out, maintain, and operate a work of improvement; (B) any irrigation district or reservoir company, water users’ association, canal company, ditch association, acequia, or similar entity, or nongovernmental organization that is not being operated for profit, with— (i) the capacity to engage in the planning or implementation of land treatment and related conservation measures; or (ii) the authority to construct and maintain structural measures; or (C) any Indian Tribe or Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) having authority under Federal, State, or Indian Tribal law to carry out, maintain, and operate a work of improvement. (3) Multibenefit work of improvement \nThe term multibenefit work of improvement means a work of improvement, including irrigation efficiency, flood-damage reduction, water management, or watershed protection, that provides 2 or more of the following public benefits: (A) Improvement in the condition of a natural feature that increases fish or wildlife habitat, reduces drought impact, or reduces flood-risk. (B) Improvement in water quality. (C) Water conservation. (D) Improvement to instream flow. (E) Enhanced fish passage or reduction in fish entrainment. (F) Permanent protection of a natural feature. (G) Off-channel renewable energy production. (4) Natural feature \nThe term natural feature means a feature that is created through the action of physical, geological, biological, and natural chemical processes over time. (5) Secretary \nThe term Secretary means the Secretary of Agriculture. (6) Water conservation \nThe term water conservation means a reduction in total annual consumptive water use compared to total annual consumptive water use before a work of improvement is carried out under this Act. (7) Water management \nThe term water management means any project or activity carried out to increase the efficiency of water use, transfer, diversion, or conveyance. (8) Work of improvement \n(A) In general \nThe term work of improvement means any undertaking carried out in a watershed or subwatershed area not exceeding 250,000 acres (including on Federal land necessary to accomplish the purposes of the undertaking) for— (i) flood prevention (including structural and land treatment measures); (ii) the conservation, development, utilization, and disposal of water; or (iii) the conservation and proper utilization of land. (B) Exclusion \nThe term work of improvement does not include any single structure that provides— (i) more than 12,500 acre-feet of floodwater detention capacity; and (ii) more than 25,000 acre-feet of total capacity. (C) Requirement for agriculture or conservation benefits \nEach undertaking described in subparagraph (A) shall contain benefits directly related to agriculture or conservation, including communities in rural areas (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )), that account for at least 20 percent of the total benefits of the undertaking. (D) Consolidated planning \n1 or more subwatersheds, when the subwatersheds are components of a larger watershed, may be planned together at the discretion of the local organization sponsoring the applicable undertaking.", "id": "H830ED0AD4DB44CA7939EEF4C654A6B07", "header": "Definitions", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "7 U.S.C. 1991(a)", "legal-doc": "usc", "parsable-cite": "usc/7/1991" } ] }, { "text": "4. Assistance to local organizations \nSection 3 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1003 ) is amended— (1) by redesignating subsection (b) as subsection (e); (2) in subsection (a)(6), in the first sentence, by striking occupiers, individually and inserting the following: “occupiers in accordance with subsection (b). (b) Agreements with landowners, operators, and occupiers \n(1) In general \nThe Secretary may enter into agreements under subsection (a)(6) with landowners, operators, and occupiers, individually ; (3) in subsection (b) (as so designated)— (A) by striking supplemented. Applications and inserting the following: “supplemented. (2) Applications \nApplications ; (B) in paragraph (2) (as so designated)— (i) in the first sentence, by striking such conservation plans and inserting conservation plans described in paragraph (1) ; and (ii) by striking such district. In return and all that follows through interest. The portion and inserting the following: “that district. (3) Cost sharing \n(A) In general \nThe Secretary may agree to share the costs of carrying out a work of improvement, or specific practices and measures described in such an agreement, if the Secretary determines that cost sharing is appropriate and in the public interest. ; (B) Portion of costs \nThe portion ; and (iii) in subparagraph (B) (as so designated)— (I) by striking programs. The Secretary and inserting the following: “programs. (4) Termination; modifications \nThe Secretary ; (C) in paragraph (4) (as so designated)— (i) in the first sentence, by striking hereunder, as he and inserting under this subsection, as the Secretary ; and (ii) by striking herein. Notwithstanding and inserting the following: “under this subsection. (5) Preservation or surrender of history \nNotwithstanding ; and (D) in paragraph (5) (as so designated)— (i) by striking he and inserting the Secretary ; (ii) by striking paragraph and inserting subsection ; (iii) by striking hereunder for (1) preservation and inserting the following: “under this paragraph for— (A) preservation ; and (iv) in subparagraph (A) (as so designated), by striking crop; or (2) surrender and inserting the following: “crop; or (B) surrender ; (4) by inserting after subsection (b) (as so designated) the following: (c) Delegation of authorities \nThe Secretary shall delegate final decision-making authority to the State Conservationist, or the agency having that responsibility, of the State in which the work of improvement is located for the determination of when the watershed plan for a work of improvement shall be released for final public comment. (d) Deadline for approval or disapproval \n(1) In general \nSubject to paragraph (2), not later than 45 days after the date on which an application for a work of improvement is submitted to the Secretary, the Secretary shall approve or disapprove the application. (2) Extensions \nThe Secretary may extend the deadline described in paragraph (1) by 45 days, if necessary. ; (5) in subsection (e) (as so redesignated)— (A) in the matter preceding paragraph (1)— (i) by inserting or the delegated authority under subsection (c) after The Secretary ; and (ii) by inserting or the delegated authority after if the Secretary ; and (B) in paragraph (2), by striking section 4 and inserting section 7 ; and (6) by adding at the end the following: (f) Approval of plans that improve the condition of a natural feature \nNotwithstanding subsection (a)(3), the Secretary may approve a plan for a multibenefit work of improvement, regardless of the ratio of costs to benefits of the multibenefit work of improvement. (g) Guarantee of funding for certain construction materials \n(1) In general \nExcept as provided in paragraph (2), the Secretary may approve funding under a work of improvement for construction materials for pipes to convey water if the Secretary determines that the construction materials— (A) are fully recyclable; (B) maintain structural integrity for not less than 100 years; and (C) are capable of being manufactured on-site. (2) Construction materials with less than 100-year structural integrity \nThe Secretary, at the election of a project sponsor and with the recommendation of the applicable State Conservationist of the project sponsor, may approve funding under a work of improvement for construction materials for pipes to convey water that do not meet the criteria described in subparagraphs (A) through (C) of paragraph (1)..", "id": "H0A4FDBD87C7A4F78A8E58943323A93C1", "header": "Assistance to local organizations", "nested": [], "links": [ { "text": "16 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/16/1003" } ] }, { "text": "5. Notification requirement \nSection 4 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1004 ) is amended to read as follows: 4. Notification requirement \n(a) In general \n(1) Approval by Secretary required \nNo amounts shall be provided under this Act for any plan for a work of improvement involving an estimated Federal contribution to construction costs in excess of $50,000,000, or that includes any structure that provides more than 2,500 acre-feet of total capacity, unless the Secretary has approved the work of improvement. (2) Notice \nExcept in the case of a flood prevention project described in subsection (b), not less than 60 days before approving a plan described in paragraph (1), the Secretary shall provide to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (b) Flood prevention projects \n(1) Projects less than 4,000 acre-feet of capacity \nIn the case of any plan for a flood prevention project under this Act involving no single structure providing more than 4,000 acre-feet of total capacity, not less than 60 days before approving a plan described in subsection (a)(1), the Secretary shall provide to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (2) Projects more than 4,000 acre-feet of capacity \nIn the case of any plan for a flood prevention project under this Act involving any single structure providing more than 4,000 acre-feet of total capacity, not less than 60 days before approving a plan described in subsection (a)(1), the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (c) Watershed or subwatershed areas \nIf the estimated Federal contribution to the construction cost of works of improvement in the plan for any watershed or subwatershed area exceeds $50,000,000 or includes any structure that provides more than 2,500 acre-feet of total capacity, the Secretary shall provide a copy of the plan and a justification for the plan to— (1) the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, if the plan includes no single structure providing more than 4,000 acre-feet of total capacity; or (2) the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, if the plan includes any single structure providing more than 4,000 acre-feet of total capacity..", "id": "H4AC1B0EEC7784D33B89350718091545C", "header": "Notification requirement", "nested": [], "links": [ { "text": "16 U.S.C. 1004", "legal-doc": "usc", "parsable-cite": "usc/16/1004" } ] }, { "text": "4. Notification requirement \n(a) In general \n(1) Approval by Secretary required \nNo amounts shall be provided under this Act for any plan for a work of improvement involving an estimated Federal contribution to construction costs in excess of $50,000,000, or that includes any structure that provides more than 2,500 acre-feet of total capacity, unless the Secretary has approved the work of improvement. (2) Notice \nExcept in the case of a flood prevention project described in subsection (b), not less than 60 days before approving a plan described in paragraph (1), the Secretary shall provide to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (b) Flood prevention projects \n(1) Projects less than 4,000 acre-feet of capacity \nIn the case of any plan for a flood prevention project under this Act involving no single structure providing more than 4,000 acre-feet of total capacity, not less than 60 days before approving a plan described in subsection (a)(1), the Secretary shall provide to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (2) Projects more than 4,000 acre-feet of capacity \nIn the case of any plan for a flood prevention project under this Act involving any single structure providing more than 4,000 acre-feet of total capacity, not less than 60 days before approving a plan described in subsection (a)(1), the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (c) Watershed or subwatershed areas \nIf the estimated Federal contribution to the construction cost of works of improvement in the plan for any watershed or subwatershed area exceeds $50,000,000 or includes any structure that provides more than 2,500 acre-feet of total capacity, the Secretary shall provide a copy of the plan and a justification for the plan to— (1) the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, if the plan includes no single structure providing more than 4,000 acre-feet of total capacity; or (2) the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, if the plan includes any single structure providing more than 4,000 acre-feet of total capacity.", "id": "H702F12153D9948F4BF01AC0704B78A49", "header": "Notification requirement", "nested": [ { "text": "(a) In general \n(1) Approval by Secretary required \nNo amounts shall be provided under this Act for any plan for a work of improvement involving an estimated Federal contribution to construction costs in excess of $50,000,000, or that includes any structure that provides more than 2,500 acre-feet of total capacity, unless the Secretary has approved the work of improvement. (2) Notice \nExcept in the case of a flood prevention project described in subsection (b), not less than 60 days before approving a plan described in paragraph (1), the Secretary shall provide to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan.", "id": "HA7DA9868AEFE433389B5CDAB81E8FD5E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Flood prevention projects \n(1) Projects less than 4,000 acre-feet of capacity \nIn the case of any plan for a flood prevention project under this Act involving no single structure providing more than 4,000 acre-feet of total capacity, not less than 60 days before approving a plan described in subsection (a)(1), the Secretary shall provide to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (2) Projects more than 4,000 acre-feet of capacity \nIn the case of any plan for a flood prevention project under this Act involving any single structure providing more than 4,000 acre-feet of total capacity, not less than 60 days before approving a plan described in subsection (a)(1), the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan.", "id": "H74493265FAA44F258EF752D3DE975B75", "header": "Flood prevention projects", "nested": [], "links": [] }, { "text": "(c) Watershed or subwatershed areas \nIf the estimated Federal contribution to the construction cost of works of improvement in the plan for any watershed or subwatershed area exceeds $50,000,000 or includes any structure that provides more than 2,500 acre-feet of total capacity, the Secretary shall provide a copy of the plan and a justification for the plan to— (1) the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, if the plan includes no single structure providing more than 4,000 acre-feet of total capacity; or (2) the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, if the plan includes any single structure providing more than 4,000 acre-feet of total capacity.", "id": "H7E6C42B9D01541CCA48F6B45BE1AC8EC", "header": "Watershed or subwatershed areas", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Multibenefit work of improvement allocation \nSection 5 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1005 ) is amended to read as follows: 5. Multibenefit work of improvement allocation \nThe Secretary shall allocate not less than 50 percent of the total amount made available under this Act for each fiscal year for the planning, design, or construction of multibenefit works of improvement..", "id": "H6B0842BDE8A64F7B94A5DAF10871D3AA", "header": "Multibenefit work of improvement allocation", "nested": [], "links": [ { "text": "16 U.S.C. 1005", "legal-doc": "usc", "parsable-cite": "usc/16/1005" } ] }, { "text": "5. Multibenefit work of improvement allocation \nThe Secretary shall allocate not less than 50 percent of the total amount made available under this Act for each fiscal year for the planning, design, or construction of multibenefit works of improvement.", "id": "HE61069D5F2C04CCF911F6633C5228E36", "header": "Multibenefit work of improvement allocation", "nested": [], "links": [] }, { "text": "7. Repeals; redesignations \n(a) Repeals \nSections 9 and 11 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1006b ; 16 U.S.C. 1001 note; 68 Stat. 668; 70 Stat. 1090) are repealed. (b) Redesignations \nThe Watershed Protection and Flood Prevention Act is amended by redesignating sections 3A, 6, 7, 8, 12, 13, 14, and 15 ( 16 U.S.C. 1003a , 1006; 68 Stat. 668; 16 U.S.C. 1006a , 1008, 1010, 1012, 1012a) as sections 6, 9, 11, 12, 13, 14, 15, and 16, respectively. (c) Conforming amendments \n(1) Section 515(b)(8)(B) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1265(b)(8)(B) ) is amended by striking Public Law 83–566 ( 16 U.S.C. 1006 ) and inserting section 9 of the Watershed Protection and Flood Prevention Act. (2) Section 1211(a)(3)(D) of the Food Security Act of 1985 ( 16 U.S.C. 3811(a)(3)(D) ) is amended— (A) by striking or 8 ; (B) by striking and 1006a ; and (C) by inserting or section 12 of that Act before the period at the end. (3) Section 1221(b)(3)(D) of the Food Security Act of 1985 ( 16 U.S.C. 3821(b)(3)(D) ) is amended— (A) by striking or 8 ; (B) by striking and 1006a ; and (C) by inserting or section 12 of that Act before the period at the end. (4) Section 1271A(1)(F) of the Food Security Act of 1985 ( 16 U.S.C. 3871a(1)(F) ) is amended by striking section 14 ( 16 U.S.C. 1012 ) of that Act and inserting section 15 of that Act. (5) Section 10 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1007 ) is amended, in the second sentence, by striking provisions of section 3 or clause (a) of section 8 of this Act and inserting section 3 or subsection (a) of the first sentence of section 12.", "id": "HAC63A61278E0467DA5139F9928BCF5FE", "header": "Repeals; redesignations", "nested": [ { "text": "(a) Repeals \nSections 9 and 11 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1006b ; 16 U.S.C. 1001 note; 68 Stat. 668; 70 Stat. 1090) are repealed.", "id": "HF104EA81BC704FA099ECA0C6B834DF34", "header": "Repeals", "nested": [], "links": [ { "text": "16 U.S.C. 1006b", "legal-doc": "usc", "parsable-cite": "usc/16/1006b" }, { "text": "16 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/16/1001" } ] }, { "text": "(b) Redesignations \nThe Watershed Protection and Flood Prevention Act is amended by redesignating sections 3A, 6, 7, 8, 12, 13, 14, and 15 ( 16 U.S.C. 1003a , 1006; 68 Stat. 668; 16 U.S.C. 1006a , 1008, 1010, 1012, 1012a) as sections 6, 9, 11, 12, 13, 14, 15, and 16, respectively.", "id": "H20C88A3D4E314960A26CC5C02B611D79", "header": "Redesignations", "nested": [], "links": [ { "text": "16 U.S.C. 1003a", "legal-doc": "usc", "parsable-cite": "usc/16/1003a" }, { "text": "16 U.S.C. 1006a", "legal-doc": "usc", "parsable-cite": "usc/16/1006a" } ] }, { "text": "(c) Conforming amendments \n(1) Section 515(b)(8)(B) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1265(b)(8)(B) ) is amended by striking Public Law 83–566 ( 16 U.S.C. 1006 ) and inserting section 9 of the Watershed Protection and Flood Prevention Act. (2) Section 1211(a)(3)(D) of the Food Security Act of 1985 ( 16 U.S.C. 3811(a)(3)(D) ) is amended— (A) by striking or 8 ; (B) by striking and 1006a ; and (C) by inserting or section 12 of that Act before the period at the end. (3) Section 1221(b)(3)(D) of the Food Security Act of 1985 ( 16 U.S.C. 3821(b)(3)(D) ) is amended— (A) by striking or 8 ; (B) by striking and 1006a ; and (C) by inserting or section 12 of that Act before the period at the end. (4) Section 1271A(1)(F) of the Food Security Act of 1985 ( 16 U.S.C. 3871a(1)(F) ) is amended by striking section 14 ( 16 U.S.C. 1012 ) of that Act and inserting section 15 of that Act. (5) Section 10 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1007 ) is amended, in the second sentence, by striking provisions of section 3 or clause (a) of section 8 of this Act and inserting section 3 or subsection (a) of the first sentence of section 12.", "id": "H9254CD5FB8594DD89FCC80EB59D4C4A1", "header": "Conforming amendments", "nested": [], "links": [ { "text": "30 U.S.C. 1265(b)(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/30/1265" }, { "text": "16 U.S.C. 1006", "legal-doc": "usc", "parsable-cite": "usc/16/1006" }, { "text": "16 U.S.C. 3811(a)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/16/3811" }, { "text": "16 U.S.C. 3821(b)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/16/3821" }, { "text": "16 U.S.C. 3871a(1)(F)", "legal-doc": "usc", "parsable-cite": "usc/16/3871a" }, { "text": "16 U.S.C. 1012", "legal-doc": "usc", "parsable-cite": "usc/16/1012" }, { "text": "16 U.S.C. 1007", "legal-doc": "usc", "parsable-cite": "usc/16/1007" } ] } ], "links": [ { "text": "16 U.S.C. 1006b", "legal-doc": "usc", "parsable-cite": "usc/16/1006b" }, { "text": "16 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/16/1001" }, { "text": "16 U.S.C. 1003a", "legal-doc": "usc", "parsable-cite": "usc/16/1003a" }, { "text": "16 U.S.C. 1006a", "legal-doc": "usc", "parsable-cite": "usc/16/1006a" }, { "text": "30 U.S.C. 1265(b)(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/30/1265" }, { "text": "16 U.S.C. 1006", "legal-doc": "usc", "parsable-cite": "usc/16/1006" }, { "text": "16 U.S.C. 3811(a)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/16/3811" }, { "text": "16 U.S.C. 3821(b)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/16/3821" }, { "text": "16 U.S.C. 3871a(1)(F)", "legal-doc": "usc", "parsable-cite": "usc/16/3871a" }, { "text": "16 U.S.C. 1012", "legal-doc": "usc", "parsable-cite": "usc/16/1012" }, { "text": "16 U.S.C. 1007", "legal-doc": "usc", "parsable-cite": "usc/16/1007" } ] }, { "text": "8. Cost share assistance \nSection 6 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ) (as redesignated by section 7(b)) is amended— (1) in subsection (a), by inserting , as determined by the Secretary, after assistance ; and (2) by adding at the end the following: (c) Treatment of other Federal funds for works of improvement \nAny funds provided for a work of improvement through any Federal department or agency other than the Department of Agriculture shall be considered to be part of the non-Federal share of the cost of the work of improvement provided by the sponsor of the work of improvement..", "id": "HEC43BF028EC34A769A334DD24DB643FB", "header": "Cost share assistance", "nested": [], "links": [ { "text": "16 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1001" } ] }, { "text": "9. Conditions for Federal assistance \nThe Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ) is amended by inserting after section 6 (as redesignated by section 7(b)) the following: 7. Conditions for Federal assistance \n(a) In general \nThe Secretary shall require, as a condition of providing Federal assistance for the installation of a work of improvement, that a local organization sponsoring the work of improvement shall— (1) acquire, or, with respect to interests in land to be acquired by condemnation, provide assurances satisfactory to the Secretary that they will acquire, without cost to the Federal Government from funds appropriated for the purposes of this Act (except as provided in subsection (b)), such land, easements, or rights-of-way as will be needed in connection with works of improvement installed with Federal assistance; (2) make arrangements satisfactory to the Secretary for defraying costs of operating and maintaining such works of improvement, in accordance with regulations presented by the Secretary; (3) acquire, or provide assurance that landowners or water users have acquired, such water rights, pursuant to State law, as may be needed in the installation and operation of the work of improvement; (4) obtain agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than 50 percent of the land situated in the drainage area above each retention reservoir to be installed with Federal assistance; and (5) submit a plan of repayment satisfactory to the Secretary for any loan or advancement made under section 12. (b) Cost share or advance payments for certain activities \n(1) Public fish and wildlife or recreational development \n(A) In general \nIf a local organization agrees to operate and maintain any reservoir or other area included in a plan for public fish and wildlife or recreational development, the Secretary shall not bear more than 50 percent of the costs of— (i) the land, easements, or rights-of-way acquired or to be acquired by the local organization for such reservoir or other area; and (ii) minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes. (B) Recreational development \n(i) Conditions \nThe Secretary may participate in recreational development in any watershed project under subparagraph (A) only to the extent that the need for the recreational development is demonstrated in accordance with standards established by the Secretary— (I) taking into account the anticipated man-days of use of the projected recreational development; and (II) giving consideration to the availability within the region of existing water-based outdoor recreational developments. (ii) Limitations \nThe Secretary may participate in— (I) not more than 1 recreational development in a watershed project containing less than 75,000 acres; (II) not more than 2 recreational developments in a watershed project containing— (aa) not less than 75,000 acres; and (bb) not more than 150,000 acres; or (III) not more than 3 recreational developments in a watershed project containing more than 150,000 acres. (2) Advance payments \nIf the Secretary and a local organization have agreed that the immediate acquisition by the local organization of land, easements, or rights-of-way is advisable for the preservation of sites for works of improvement included in a plan from encroachment by residential, commercial, industrial, or other development— (A) the Secretary may advance to the local organization from funds appropriated for construction of works of improvement the amounts required for the acquisition of such land, easements, or rights-of-way; and (B) except where such costs are to be borne by the Secretary, such advance shall be repaid by the local organization, with interest, prior to construction of the works of improvement, for credit to such construction funds. (3) Mitigation of fish and wildlife habitat losses \n(A) In general \nThe Secretary may bear an amount not to exceed 50 percent of the costs of the land, easements, or rights-of-way acquired or to be acquired by a local organization for mitigation of fish and wildlife habitat losses. (B) Outside boundaries \nAn acquisition under subparagraph (A) shall not be limited to the confines of the watershed project boundaries. (c) Future demands \n(1) In general \nThe Secretary shall require, as a condition of providing Federal assistance for the installation of works of improvement, that— (A) the cost of water storage to meet future demands may not exceed 30 percent of the total estimated cost of the reservoir structure; and (B) the local organization shall give reasonable assurances, and provide evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment within the life of the reservoir structure of the cost of such storage. (2) Assurances \nThe Secretary shall determine prior to initiation of construction or modification of any reservoir structure including water supply storage that there are adequate assurances by the local organization or by an agency of the State having authority to give such assurances, that— (A) the Secretary will be reimbursed the cost of water supply storage for anticipated future demands; and (B) the local organization will pay not less than 50 percent of the cost of storage for present water supply demands. (3) Repayment \n(A) In general \nThe cost to be borne by the local organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed 50 years after the reservoir structure is first used for the storage of water for anticipated future water supply demands, except that— (i) no reimbursement of the cost of such water supply storage for anticipated future demands need be made until such supply is first used; and (ii) no interest shall be charged on the cost of such water supply storage for anticipated future demands until such supply is first used, but in no case shall the interest-free period exceed 10 years. (B) Interest rate \nThe interest rate used for purposes of computing the interest on the unpaid balance under subparagraph (A)(ii) shall be determined in accordance with section 12. (d) Condition of funds \nNothing in this Act shall be construed to supersede or in any manner affect or conflict with State water law, Federal water law, interstate compacts, or treaty obligations..", "id": "H459DD02DD7CF45FE854A6353C8319FB7", "header": "Conditions for Federal assistance", "nested": [], "links": [ { "text": "16 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1001" } ] }, { "text": "7. Conditions for Federal assistance \n(a) In general \nThe Secretary shall require, as a condition of providing Federal assistance for the installation of a work of improvement, that a local organization sponsoring the work of improvement shall— (1) acquire, or, with respect to interests in land to be acquired by condemnation, provide assurances satisfactory to the Secretary that they will acquire, without cost to the Federal Government from funds appropriated for the purposes of this Act (except as provided in subsection (b)), such land, easements, or rights-of-way as will be needed in connection with works of improvement installed with Federal assistance; (2) make arrangements satisfactory to the Secretary for defraying costs of operating and maintaining such works of improvement, in accordance with regulations presented by the Secretary; (3) acquire, or provide assurance that landowners or water users have acquired, such water rights, pursuant to State law, as may be needed in the installation and operation of the work of improvement; (4) obtain agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than 50 percent of the land situated in the drainage area above each retention reservoir to be installed with Federal assistance; and (5) submit a plan of repayment satisfactory to the Secretary for any loan or advancement made under section 12. (b) Cost share or advance payments for certain activities \n(1) Public fish and wildlife or recreational development \n(A) In general \nIf a local organization agrees to operate and maintain any reservoir or other area included in a plan for public fish and wildlife or recreational development, the Secretary shall not bear more than 50 percent of the costs of— (i) the land, easements, or rights-of-way acquired or to be acquired by the local organization for such reservoir or other area; and (ii) minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes. (B) Recreational development \n(i) Conditions \nThe Secretary may participate in recreational development in any watershed project under subparagraph (A) only to the extent that the need for the recreational development is demonstrated in accordance with standards established by the Secretary— (I) taking into account the anticipated man-days of use of the projected recreational development; and (II) giving consideration to the availability within the region of existing water-based outdoor recreational developments. (ii) Limitations \nThe Secretary may participate in— (I) not more than 1 recreational development in a watershed project containing less than 75,000 acres; (II) not more than 2 recreational developments in a watershed project containing— (aa) not less than 75,000 acres; and (bb) not more than 150,000 acres; or (III) not more than 3 recreational developments in a watershed project containing more than 150,000 acres. (2) Advance payments \nIf the Secretary and a local organization have agreed that the immediate acquisition by the local organization of land, easements, or rights-of-way is advisable for the preservation of sites for works of improvement included in a plan from encroachment by residential, commercial, industrial, or other development— (A) the Secretary may advance to the local organization from funds appropriated for construction of works of improvement the amounts required for the acquisition of such land, easements, or rights-of-way; and (B) except where such costs are to be borne by the Secretary, such advance shall be repaid by the local organization, with interest, prior to construction of the works of improvement, for credit to such construction funds. (3) Mitigation of fish and wildlife habitat losses \n(A) In general \nThe Secretary may bear an amount not to exceed 50 percent of the costs of the land, easements, or rights-of-way acquired or to be acquired by a local organization for mitigation of fish and wildlife habitat losses. (B) Outside boundaries \nAn acquisition under subparagraph (A) shall not be limited to the confines of the watershed project boundaries. (c) Future demands \n(1) In general \nThe Secretary shall require, as a condition of providing Federal assistance for the installation of works of improvement, that— (A) the cost of water storage to meet future demands may not exceed 30 percent of the total estimated cost of the reservoir structure; and (B) the local organization shall give reasonable assurances, and provide evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment within the life of the reservoir structure of the cost of such storage. (2) Assurances \nThe Secretary shall determine prior to initiation of construction or modification of any reservoir structure including water supply storage that there are adequate assurances by the local organization or by an agency of the State having authority to give such assurances, that— (A) the Secretary will be reimbursed the cost of water supply storage for anticipated future demands; and (B) the local organization will pay not less than 50 percent of the cost of storage for present water supply demands. (3) Repayment \n(A) In general \nThe cost to be borne by the local organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed 50 years after the reservoir structure is first used for the storage of water for anticipated future water supply demands, except that— (i) no reimbursement of the cost of such water supply storage for anticipated future demands need be made until such supply is first used; and (ii) no interest shall be charged on the cost of such water supply storage for anticipated future demands until such supply is first used, but in no case shall the interest-free period exceed 10 years. (B) Interest rate \nThe interest rate used for purposes of computing the interest on the unpaid balance under subparagraph (A)(ii) shall be determined in accordance with section 12. (d) Condition of funds \nNothing in this Act shall be construed to supersede or in any manner affect or conflict with State water law, Federal water law, interstate compacts, or treaty obligations.", "id": "HA7F89B687E224E8DB4D38BAA2EA7AB89", "header": "Conditions for Federal assistance", "nested": [ { "text": "(a) In general \nThe Secretary shall require, as a condition of providing Federal assistance for the installation of a work of improvement, that a local organization sponsoring the work of improvement shall— (1) acquire, or, with respect to interests in land to be acquired by condemnation, provide assurances satisfactory to the Secretary that they will acquire, without cost to the Federal Government from funds appropriated for the purposes of this Act (except as provided in subsection (b)), such land, easements, or rights-of-way as will be needed in connection with works of improvement installed with Federal assistance; (2) make arrangements satisfactory to the Secretary for defraying costs of operating and maintaining such works of improvement, in accordance with regulations presented by the Secretary; (3) acquire, or provide assurance that landowners or water users have acquired, such water rights, pursuant to State law, as may be needed in the installation and operation of the work of improvement; (4) obtain agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than 50 percent of the land situated in the drainage area above each retention reservoir to be installed with Federal assistance; and (5) submit a plan of repayment satisfactory to the Secretary for any loan or advancement made under section 12.", "id": "H2E91D07EF15849108765E7AE9AD10A6F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Cost share or advance payments for certain activities \n(1) Public fish and wildlife or recreational development \n(A) In general \nIf a local organization agrees to operate and maintain any reservoir or other area included in a plan for public fish and wildlife or recreational development, the Secretary shall not bear more than 50 percent of the costs of— (i) the land, easements, or rights-of-way acquired or to be acquired by the local organization for such reservoir or other area; and (ii) minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes. (B) Recreational development \n(i) Conditions \nThe Secretary may participate in recreational development in any watershed project under subparagraph (A) only to the extent that the need for the recreational development is demonstrated in accordance with standards established by the Secretary— (I) taking into account the anticipated man-days of use of the projected recreational development; and (II) giving consideration to the availability within the region of existing water-based outdoor recreational developments. (ii) Limitations \nThe Secretary may participate in— (I) not more than 1 recreational development in a watershed project containing less than 75,000 acres; (II) not more than 2 recreational developments in a watershed project containing— (aa) not less than 75,000 acres; and (bb) not more than 150,000 acres; or (III) not more than 3 recreational developments in a watershed project containing more than 150,000 acres. (2) Advance payments \nIf the Secretary and a local organization have agreed that the immediate acquisition by the local organization of land, easements, or rights-of-way is advisable for the preservation of sites for works of improvement included in a plan from encroachment by residential, commercial, industrial, or other development— (A) the Secretary may advance to the local organization from funds appropriated for construction of works of improvement the amounts required for the acquisition of such land, easements, or rights-of-way; and (B) except where such costs are to be borne by the Secretary, such advance shall be repaid by the local organization, with interest, prior to construction of the works of improvement, for credit to such construction funds. (3) Mitigation of fish and wildlife habitat losses \n(A) In general \nThe Secretary may bear an amount not to exceed 50 percent of the costs of the land, easements, or rights-of-way acquired or to be acquired by a local organization for mitigation of fish and wildlife habitat losses. (B) Outside boundaries \nAn acquisition under subparagraph (A) shall not be limited to the confines of the watershed project boundaries.", "id": "HC6CCF3DCD31149259ED3F1B2F117EB06", "header": "Cost share or advance payments for certain activities", "nested": [], "links": [] }, { "text": "(c) Future demands \n(1) In general \nThe Secretary shall require, as a condition of providing Federal assistance for the installation of works of improvement, that— (A) the cost of water storage to meet future demands may not exceed 30 percent of the total estimated cost of the reservoir structure; and (B) the local organization shall give reasonable assurances, and provide evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment within the life of the reservoir structure of the cost of such storage. (2) Assurances \nThe Secretary shall determine prior to initiation of construction or modification of any reservoir structure including water supply storage that there are adequate assurances by the local organization or by an agency of the State having authority to give such assurances, that— (A) the Secretary will be reimbursed the cost of water supply storage for anticipated future demands; and (B) the local organization will pay not less than 50 percent of the cost of storage for present water supply demands. (3) Repayment \n(A) In general \nThe cost to be borne by the local organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed 50 years after the reservoir structure is first used for the storage of water for anticipated future water supply demands, except that— (i) no reimbursement of the cost of such water supply storage for anticipated future demands need be made until such supply is first used; and (ii) no interest shall be charged on the cost of such water supply storage for anticipated future demands until such supply is first used, but in no case shall the interest-free period exceed 10 years. (B) Interest rate \nThe interest rate used for purposes of computing the interest on the unpaid balance under subparagraph (A)(ii) shall be determined in accordance with section 12.", "id": "HAE8AB67EB8A842DE9AB539256905D82E", "header": "Future demands", "nested": [], "links": [] }, { "text": "(d) Condition of funds \nNothing in this Act shall be construed to supersede or in any manner affect or conflict with State water law, Federal water law, interstate compacts, or treaty obligations.", "id": "H69B3C1164EFC4655A3BBC8736F03C8FC", "header": "Condition of funds", "nested": [], "links": [] } ], "links": [] }, { "text": "10. Contract services \nThe Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ) is amended by inserting after section 7 (as added by section 9) the following: 8. Contract services \n(a) In general \n(1) Securing services \nA local organization may secure services, including for the planning, design, preparation of contracts and specifications, awarding of contracts, and supervision of construction, in connection with works of improvement, if— (A) the Secretary and the interested local organization have agreed on a plan for the works of improvement; (B) the Secretary, in consultation with the delegated authority under section 3(c), has determined that the benefits exceed the costs, except that the benefits of fish and wildlife habitat or water quality improvement shall not be required to be monetized to be considered against costs; (C) the local organization has met the requirements for participation in carrying out the works of improvement described in section 7; and (D) the Secretary, in consultation with the delegated authority under section 3(c), has determined that the services are satisfactory, based on the works of improvement. (2) Services provided by the Secretary \nThe Secretary may provide services under paragraph (1) on request by the local organization, with priority given to multibenefit works of improvement. (3) Reimbursement \nIf the local organization elects to secure services under paragraph (1), the Secretary shall reimburse the local organization for the costs charged for work in an amount not to exceed the amount agreed upon in the plan for works of improvement or any modification thereof. (4) Advance payments \n(A) In general \nThe Secretary may advance such amounts as may be necessary to pay for services described in paragraph (1). (B) Limitations \nAdvances under subparagraph (A) shall not exceed— (i) in the case of a work of improvement for flood prevention or drought resiliency, 5 percent of the estimated installation cost of the work of improvement; and (ii) in the case of a work of improvement the primary purpose of which is fish and wildlife habitat or water quality improvement, 75 percent of the estimated installation cost of the work of improvement. (b) Construction of structures \n(1) In general \nExcept as to the installation of works of improvement on Federal land and as provided in paragraph (2), the Secretary shall not construct or enter into any contract for the construction of any structure. (2) Requests of local organization \nThe Secretary may enter into a contract for the construction of structures on request of a local organization..", "id": "HEBD67AC05B1A445FB72037C6BC949EC4", "header": "Contract services", "nested": [], "links": [ { "text": "16 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1001" } ] }, { "text": "8. Contract services \n(a) In general \n(1) Securing services \nA local organization may secure services, including for the planning, design, preparation of contracts and specifications, awarding of contracts, and supervision of construction, in connection with works of improvement, if— (A) the Secretary and the interested local organization have agreed on a plan for the works of improvement; (B) the Secretary, in consultation with the delegated authority under section 3(c), has determined that the benefits exceed the costs, except that the benefits of fish and wildlife habitat or water quality improvement shall not be required to be monetized to be considered against costs; (C) the local organization has met the requirements for participation in carrying out the works of improvement described in section 7; and (D) the Secretary, in consultation with the delegated authority under section 3(c), has determined that the services are satisfactory, based on the works of improvement. (2) Services provided by the Secretary \nThe Secretary may provide services under paragraph (1) on request by the local organization, with priority given to multibenefit works of improvement. (3) Reimbursement \nIf the local organization elects to secure services under paragraph (1), the Secretary shall reimburse the local organization for the costs charged for work in an amount not to exceed the amount agreed upon in the plan for works of improvement or any modification thereof. (4) Advance payments \n(A) In general \nThe Secretary may advance such amounts as may be necessary to pay for services described in paragraph (1). (B) Limitations \nAdvances under subparagraph (A) shall not exceed— (i) in the case of a work of improvement for flood prevention or drought resiliency, 5 percent of the estimated installation cost of the work of improvement; and (ii) in the case of a work of improvement the primary purpose of which is fish and wildlife habitat or water quality improvement, 75 percent of the estimated installation cost of the work of improvement. (b) Construction of structures \n(1) In general \nExcept as to the installation of works of improvement on Federal land and as provided in paragraph (2), the Secretary shall not construct or enter into any contract for the construction of any structure. (2) Requests of local organization \nThe Secretary may enter into a contract for the construction of structures on request of a local organization.", "id": "HCF19FCAE6BF343799E136F78FAC06921", "header": "Contract services", "nested": [ { "text": "(a) In general \n(1) Securing services \nA local organization may secure services, including for the planning, design, preparation of contracts and specifications, awarding of contracts, and supervision of construction, in connection with works of improvement, if— (A) the Secretary and the interested local organization have agreed on a plan for the works of improvement; (B) the Secretary, in consultation with the delegated authority under section 3(c), has determined that the benefits exceed the costs, except that the benefits of fish and wildlife habitat or water quality improvement shall not be required to be monetized to be considered against costs; (C) the local organization has met the requirements for participation in carrying out the works of improvement described in section 7; and (D) the Secretary, in consultation with the delegated authority under section 3(c), has determined that the services are satisfactory, based on the works of improvement. (2) Services provided by the Secretary \nThe Secretary may provide services under paragraph (1) on request by the local organization, with priority given to multibenefit works of improvement. (3) Reimbursement \nIf the local organization elects to secure services under paragraph (1), the Secretary shall reimburse the local organization for the costs charged for work in an amount not to exceed the amount agreed upon in the plan for works of improvement or any modification thereof. (4) Advance payments \n(A) In general \nThe Secretary may advance such amounts as may be necessary to pay for services described in paragraph (1). (B) Limitations \nAdvances under subparagraph (A) shall not exceed— (i) in the case of a work of improvement for flood prevention or drought resiliency, 5 percent of the estimated installation cost of the work of improvement; and (ii) in the case of a work of improvement the primary purpose of which is fish and wildlife habitat or water quality improvement, 75 percent of the estimated installation cost of the work of improvement.", "id": "HBE39F20A8E63422BA28028A0B7629CC1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Construction of structures \n(1) In general \nExcept as to the installation of works of improvement on Federal land and as provided in paragraph (2), the Secretary shall not construct or enter into any contract for the construction of any structure. (2) Requests of local organization \nThe Secretary may enter into a contract for the construction of structures on request of a local organization.", "id": "H77049CCC9A514633A3D650D14B8A4D88", "header": "Construction of structures", "nested": [], "links": [] } ], "links": [] }, { "text": "11. Maximum loan amount \nSection 12 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ) (as redesignated by section 7(b)) is amended, in the third sentence, by striking five million dollars and inserting $10,000,000.", "id": "HA261F6DAF5DA4C91A10D717F01AC8DDA", "header": "Maximum loan amount", "nested": [], "links": [ { "text": "16 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1001" } ] }, { "text": "12. Data \nSection 14 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ) (as redesignated by section 7(b)) is amended— (1) in the matter preceding paragraph (1), by striking collect and maintain and inserting collect, maintain, and publish on the website of the Department of Agriculture ; (2) in paragraph (1), by striking control and conservation and inserting control, conservation, and drought resilience ; and (3) by striking paragraph (2) and inserting the following: (2) expenditures for— (A) improvement in the condition of a natural feature that increases fish or wildlife habitat, reduces drought impact, or reduces flood-risk; (B) improvement in water quality; (C) water conservation; (D) improvement to instream flow; (E) enhanced fish passage or reduction in fish entrainment; (F) permanent protection of a natural feature; and (G) off-channel renewable energy production..", "id": "H49A74CFFC6574F119171E7EA388DA590", "header": "Data", "nested": [], "links": [ { "text": "16 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1001" } ] } ]
18
1. Short title This Act may be cited as the Healthy Watersheds, Healthy Communities Act of 2023. 2. Short title; findings; declaration of policy The first section of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 ) is amended to read as follows: 1. Short title; findings; declaration of policy (a) Short title This Act may be cited as the Watershed Protection and Flood Prevention Act. (b) Findings Congress finds that erosion, floodwater, drought, and sediment damages in the watersheds of the rivers and streams of the United States cause loss of life, declines in agricultural production, harm to fish, birds, wildlife, and recreation opportunities, and damage to property, thereby constituting a menace to the national welfare. (c) Sense of Congress It is the sense of Congress that the Federal Government should cooperate with States and political subdivisions of States, Tribal organizations described in section 2(2)(C), insular areas (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )), soil or water conservation districts, flood prevention or control districts, irrigation districts or similar entities, nonprofit organizations, and other local public agencies for the purposes of— (1) preventing the damages described in subsection (b); (2) furthering the conservation, development, utilization, and disposal of water, and the conservation and utilization of land; and (3) thereby preserving, protecting, and improving land and water resources and the quality of the environment.. 1. Short title; findings; declaration of policy (a) Short title This Act may be cited as the Watershed Protection and Flood Prevention Act. (b) Findings Congress finds that erosion, floodwater, drought, and sediment damages in the watersheds of the rivers and streams of the United States cause loss of life, declines in agricultural production, harm to fish, birds, wildlife, and recreation opportunities, and damage to property, thereby constituting a menace to the national welfare. (c) Sense of Congress It is the sense of Congress that the Federal Government should cooperate with States and political subdivisions of States, Tribal organizations described in section 2(2)(C), insular areas (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )), soil or water conservation districts, flood prevention or control districts, irrigation districts or similar entities, nonprofit organizations, and other local public agencies for the purposes of— (1) preventing the damages described in subsection (b); (2) furthering the conservation, development, utilization, and disposal of water, and the conservation and utilization of land; and (3) thereby preserving, protecting, and improving land and water resources and the quality of the environment. 3. Definitions Section 2 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1002 ) is amended to read as follows: 2. Definitions In this Act: (1) Irrigation efficiency The term irrigation efficiency means a reduction in the quantity of non-consumed water diverted at a source for irrigation purposes, consistent with State water law. (2) Local organization The term local organization means— (A) (i) any State, political subdivision of a State, soil or water conservation district, flood prevention or control district, or combination thereof; or (ii) any other governmental agency having authority under State law to carry out, maintain, and operate a work of improvement; (B) any irrigation district or reservoir company, water users’ association, canal company, ditch association, acequia, or similar entity, or nongovernmental organization that is not being operated for profit, with— (i) the capacity to engage in the planning or implementation of land treatment and related conservation measures; or (ii) the authority to construct and maintain structural measures; or (C) any Indian Tribe or Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) having authority under Federal, State, or Indian Tribal law to carry out, maintain, and operate a work of improvement. (3) Multibenefit work of improvement The term multibenefit work of improvement means a work of improvement, including irrigation efficiency, flood-damage reduction, water management, or watershed protection, that provides 2 or more of the following public benefits: (A) Improvement in the condition of a natural feature that increases fish or wildlife habitat, reduces drought impact, or reduces flood-risk. (B) Improvement in water quality. (C) Water conservation. (D) Improvement to instream flow. (E) Enhanced fish passage or reduction in fish entrainment. (F) Permanent protection of a natural feature. (G) Off-channel renewable energy production. (4) Natural feature The term natural feature means a feature that is created through the action of physical, geological, biological, and natural chemical processes over time. (5) Secretary The term Secretary means the Secretary of Agriculture. (6) Water conservation The term water conservation means a reduction in total annual consumptive water use compared to total annual consumptive water use before a work of improvement is carried out under this Act. (7) Water management The term water management means any project or activity carried out to increase the efficiency of water use, transfer, diversion, or conveyance. (8) Work of improvement (A) In general The term work of improvement means any undertaking carried out in a watershed or subwatershed area not exceeding 250,000 acres (including on Federal land necessary to accomplish the purposes of the undertaking) for— (i) flood prevention (including structural and land treatment measures); (ii) the conservation, development, utilization, and disposal of water; or (iii) the conservation and proper utilization of land. (B) Exclusion The term work of improvement does not include any single structure that provides— (i) more than 12,500 acre-feet of floodwater detention capacity; and (ii) more than 25,000 acre-feet of total capacity. (C) Requirement for agriculture or conservation benefits Each undertaking described in subparagraph (A) shall contain benefits directly related to agriculture or conservation, including communities in rural areas (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )), that account for at least 20 percent of the total benefits of the undertaking. (D) Consolidated planning 1 or more subwatersheds, when the subwatersheds are components of a larger watershed, may be planned together at the discretion of the local organization sponsoring the applicable undertaking.. 2. Definitions In this Act: (1) Irrigation efficiency The term irrigation efficiency means a reduction in the quantity of non-consumed water diverted at a source for irrigation purposes, consistent with State water law. (2) Local organization The term local organization means— (A) (i) any State, political subdivision of a State, soil or water conservation district, flood prevention or control district, or combination thereof; or (ii) any other governmental agency having authority under State law to carry out, maintain, and operate a work of improvement; (B) any irrigation district or reservoir company, water users’ association, canal company, ditch association, acequia, or similar entity, or nongovernmental organization that is not being operated for profit, with— (i) the capacity to engage in the planning or implementation of land treatment and related conservation measures; or (ii) the authority to construct and maintain structural measures; or (C) any Indian Tribe or Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) having authority under Federal, State, or Indian Tribal law to carry out, maintain, and operate a work of improvement. (3) Multibenefit work of improvement The term multibenefit work of improvement means a work of improvement, including irrigation efficiency, flood-damage reduction, water management, or watershed protection, that provides 2 or more of the following public benefits: (A) Improvement in the condition of a natural feature that increases fish or wildlife habitat, reduces drought impact, or reduces flood-risk. (B) Improvement in water quality. (C) Water conservation. (D) Improvement to instream flow. (E) Enhanced fish passage or reduction in fish entrainment. (F) Permanent protection of a natural feature. (G) Off-channel renewable energy production. (4) Natural feature The term natural feature means a feature that is created through the action of physical, geological, biological, and natural chemical processes over time. (5) Secretary The term Secretary means the Secretary of Agriculture. (6) Water conservation The term water conservation means a reduction in total annual consumptive water use compared to total annual consumptive water use before a work of improvement is carried out under this Act. (7) Water management The term water management means any project or activity carried out to increase the efficiency of water use, transfer, diversion, or conveyance. (8) Work of improvement (A) In general The term work of improvement means any undertaking carried out in a watershed or subwatershed area not exceeding 250,000 acres (including on Federal land necessary to accomplish the purposes of the undertaking) for— (i) flood prevention (including structural and land treatment measures); (ii) the conservation, development, utilization, and disposal of water; or (iii) the conservation and proper utilization of land. (B) Exclusion The term work of improvement does not include any single structure that provides— (i) more than 12,500 acre-feet of floodwater detention capacity; and (ii) more than 25,000 acre-feet of total capacity. (C) Requirement for agriculture or conservation benefits Each undertaking described in subparagraph (A) shall contain benefits directly related to agriculture or conservation, including communities in rural areas (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )), that account for at least 20 percent of the total benefits of the undertaking. (D) Consolidated planning 1 or more subwatersheds, when the subwatersheds are components of a larger watershed, may be planned together at the discretion of the local organization sponsoring the applicable undertaking. 4. Assistance to local organizations Section 3 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1003 ) is amended— (1) by redesignating subsection (b) as subsection (e); (2) in subsection (a)(6), in the first sentence, by striking occupiers, individually and inserting the following: “occupiers in accordance with subsection (b). (b) Agreements with landowners, operators, and occupiers (1) In general The Secretary may enter into agreements under subsection (a)(6) with landowners, operators, and occupiers, individually ; (3) in subsection (b) (as so designated)— (A) by striking supplemented. Applications and inserting the following: “supplemented. (2) Applications Applications ; (B) in paragraph (2) (as so designated)— (i) in the first sentence, by striking such conservation plans and inserting conservation plans described in paragraph (1) ; and (ii) by striking such district. In return and all that follows through interest. The portion and inserting the following: “that district. (3) Cost sharing (A) In general The Secretary may agree to share the costs of carrying out a work of improvement, or specific practices and measures described in such an agreement, if the Secretary determines that cost sharing is appropriate and in the public interest. ; (B) Portion of costs The portion ; and (iii) in subparagraph (B) (as so designated)— (I) by striking programs. The Secretary and inserting the following: “programs. (4) Termination; modifications The Secretary ; (C) in paragraph (4) (as so designated)— (i) in the first sentence, by striking hereunder, as he and inserting under this subsection, as the Secretary ; and (ii) by striking herein. Notwithstanding and inserting the following: “under this subsection. (5) Preservation or surrender of history Notwithstanding ; and (D) in paragraph (5) (as so designated)— (i) by striking he and inserting the Secretary ; (ii) by striking paragraph and inserting subsection ; (iii) by striking hereunder for (1) preservation and inserting the following: “under this paragraph for— (A) preservation ; and (iv) in subparagraph (A) (as so designated), by striking crop; or (2) surrender and inserting the following: “crop; or (B) surrender ; (4) by inserting after subsection (b) (as so designated) the following: (c) Delegation of authorities The Secretary shall delegate final decision-making authority to the State Conservationist, or the agency having that responsibility, of the State in which the work of improvement is located for the determination of when the watershed plan for a work of improvement shall be released for final public comment. (d) Deadline for approval or disapproval (1) In general Subject to paragraph (2), not later than 45 days after the date on which an application for a work of improvement is submitted to the Secretary, the Secretary shall approve or disapprove the application. (2) Extensions The Secretary may extend the deadline described in paragraph (1) by 45 days, if necessary. ; (5) in subsection (e) (as so redesignated)— (A) in the matter preceding paragraph (1)— (i) by inserting or the delegated authority under subsection (c) after The Secretary ; and (ii) by inserting or the delegated authority after if the Secretary ; and (B) in paragraph (2), by striking section 4 and inserting section 7 ; and (6) by adding at the end the following: (f) Approval of plans that improve the condition of a natural feature Notwithstanding subsection (a)(3), the Secretary may approve a plan for a multibenefit work of improvement, regardless of the ratio of costs to benefits of the multibenefit work of improvement. (g) Guarantee of funding for certain construction materials (1) In general Except as provided in paragraph (2), the Secretary may approve funding under a work of improvement for construction materials for pipes to convey water if the Secretary determines that the construction materials— (A) are fully recyclable; (B) maintain structural integrity for not less than 100 years; and (C) are capable of being manufactured on-site. (2) Construction materials with less than 100-year structural integrity The Secretary, at the election of a project sponsor and with the recommendation of the applicable State Conservationist of the project sponsor, may approve funding under a work of improvement for construction materials for pipes to convey water that do not meet the criteria described in subparagraphs (A) through (C) of paragraph (1).. 5. Notification requirement Section 4 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1004 ) is amended to read as follows: 4. Notification requirement (a) In general (1) Approval by Secretary required No amounts shall be provided under this Act for any plan for a work of improvement involving an estimated Federal contribution to construction costs in excess of $50,000,000, or that includes any structure that provides more than 2,500 acre-feet of total capacity, unless the Secretary has approved the work of improvement. (2) Notice Except in the case of a flood prevention project described in subsection (b), not less than 60 days before approving a plan described in paragraph (1), the Secretary shall provide to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (b) Flood prevention projects (1) Projects less than 4,000 acre-feet of capacity In the case of any plan for a flood prevention project under this Act involving no single structure providing more than 4,000 acre-feet of total capacity, not less than 60 days before approving a plan described in subsection (a)(1), the Secretary shall provide to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (2) Projects more than 4,000 acre-feet of capacity In the case of any plan for a flood prevention project under this Act involving any single structure providing more than 4,000 acre-feet of total capacity, not less than 60 days before approving a plan described in subsection (a)(1), the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (c) Watershed or subwatershed areas If the estimated Federal contribution to the construction cost of works of improvement in the plan for any watershed or subwatershed area exceeds $50,000,000 or includes any structure that provides more than 2,500 acre-feet of total capacity, the Secretary shall provide a copy of the plan and a justification for the plan to— (1) the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, if the plan includes no single structure providing more than 4,000 acre-feet of total capacity; or (2) the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, if the plan includes any single structure providing more than 4,000 acre-feet of total capacity.. 4. Notification requirement (a) In general (1) Approval by Secretary required No amounts shall be provided under this Act for any plan for a work of improvement involving an estimated Federal contribution to construction costs in excess of $50,000,000, or that includes any structure that provides more than 2,500 acre-feet of total capacity, unless the Secretary has approved the work of improvement. (2) Notice Except in the case of a flood prevention project described in subsection (b), not less than 60 days before approving a plan described in paragraph (1), the Secretary shall provide to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (b) Flood prevention projects (1) Projects less than 4,000 acre-feet of capacity In the case of any plan for a flood prevention project under this Act involving no single structure providing more than 4,000 acre-feet of total capacity, not less than 60 days before approving a plan described in subsection (a)(1), the Secretary shall provide to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (2) Projects more than 4,000 acre-feet of capacity In the case of any plan for a flood prevention project under this Act involving any single structure providing more than 4,000 acre-feet of total capacity, not less than 60 days before approving a plan described in subsection (a)(1), the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notice of the approval, including a description of the justification for the approval and a copy of the plan. (c) Watershed or subwatershed areas If the estimated Federal contribution to the construction cost of works of improvement in the plan for any watershed or subwatershed area exceeds $50,000,000 or includes any structure that provides more than 2,500 acre-feet of total capacity, the Secretary shall provide a copy of the plan and a justification for the plan to— (1) the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, if the plan includes no single structure providing more than 4,000 acre-feet of total capacity; or (2) the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, if the plan includes any single structure providing more than 4,000 acre-feet of total capacity. 6. Multibenefit work of improvement allocation Section 5 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1005 ) is amended to read as follows: 5. Multibenefit work of improvement allocation The Secretary shall allocate not less than 50 percent of the total amount made available under this Act for each fiscal year for the planning, design, or construction of multibenefit works of improvement.. 5. Multibenefit work of improvement allocation The Secretary shall allocate not less than 50 percent of the total amount made available under this Act for each fiscal year for the planning, design, or construction of multibenefit works of improvement. 7. Repeals; redesignations (a) Repeals Sections 9 and 11 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1006b ; 16 U.S.C. 1001 note; 68 Stat. 668; 70 Stat. 1090) are repealed. (b) Redesignations The Watershed Protection and Flood Prevention Act is amended by redesignating sections 3A, 6, 7, 8, 12, 13, 14, and 15 ( 16 U.S.C. 1003a , 1006; 68 Stat. 668; 16 U.S.C. 1006a , 1008, 1010, 1012, 1012a) as sections 6, 9, 11, 12, 13, 14, 15, and 16, respectively. (c) Conforming amendments (1) Section 515(b)(8)(B) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1265(b)(8)(B) ) is amended by striking Public Law 83–566 ( 16 U.S.C. 1006 ) and inserting section 9 of the Watershed Protection and Flood Prevention Act. (2) Section 1211(a)(3)(D) of the Food Security Act of 1985 ( 16 U.S.C. 3811(a)(3)(D) ) is amended— (A) by striking or 8 ; (B) by striking and 1006a ; and (C) by inserting or section 12 of that Act before the period at the end. (3) Section 1221(b)(3)(D) of the Food Security Act of 1985 ( 16 U.S.C. 3821(b)(3)(D) ) is amended— (A) by striking or 8 ; (B) by striking and 1006a ; and (C) by inserting or section 12 of that Act before the period at the end. (4) Section 1271A(1)(F) of the Food Security Act of 1985 ( 16 U.S.C. 3871a(1)(F) ) is amended by striking section 14 ( 16 U.S.C. 1012 ) of that Act and inserting section 15 of that Act. (5) Section 10 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1007 ) is amended, in the second sentence, by striking provisions of section 3 or clause (a) of section 8 of this Act and inserting section 3 or subsection (a) of the first sentence of section 12. 8. Cost share assistance Section 6 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ) (as redesignated by section 7(b)) is amended— (1) in subsection (a), by inserting , as determined by the Secretary, after assistance ; and (2) by adding at the end the following: (c) Treatment of other Federal funds for works of improvement Any funds provided for a work of improvement through any Federal department or agency other than the Department of Agriculture shall be considered to be part of the non-Federal share of the cost of the work of improvement provided by the sponsor of the work of improvement.. 9. Conditions for Federal assistance The Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ) is amended by inserting after section 6 (as redesignated by section 7(b)) the following: 7. Conditions for Federal assistance (a) In general The Secretary shall require, as a condition of providing Federal assistance for the installation of a work of improvement, that a local organization sponsoring the work of improvement shall— (1) acquire, or, with respect to interests in land to be acquired by condemnation, provide assurances satisfactory to the Secretary that they will acquire, without cost to the Federal Government from funds appropriated for the purposes of this Act (except as provided in subsection (b)), such land, easements, or rights-of-way as will be needed in connection with works of improvement installed with Federal assistance; (2) make arrangements satisfactory to the Secretary for defraying costs of operating and maintaining such works of improvement, in accordance with regulations presented by the Secretary; (3) acquire, or provide assurance that landowners or water users have acquired, such water rights, pursuant to State law, as may be needed in the installation and operation of the work of improvement; (4) obtain agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than 50 percent of the land situated in the drainage area above each retention reservoir to be installed with Federal assistance; and (5) submit a plan of repayment satisfactory to the Secretary for any loan or advancement made under section 12. (b) Cost share or advance payments for certain activities (1) Public fish and wildlife or recreational development (A) In general If a local organization agrees to operate and maintain any reservoir or other area included in a plan for public fish and wildlife or recreational development, the Secretary shall not bear more than 50 percent of the costs of— (i) the land, easements, or rights-of-way acquired or to be acquired by the local organization for such reservoir or other area; and (ii) minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes. (B) Recreational development (i) Conditions The Secretary may participate in recreational development in any watershed project under subparagraph (A) only to the extent that the need for the recreational development is demonstrated in accordance with standards established by the Secretary— (I) taking into account the anticipated man-days of use of the projected recreational development; and (II) giving consideration to the availability within the region of existing water-based outdoor recreational developments. (ii) Limitations The Secretary may participate in— (I) not more than 1 recreational development in a watershed project containing less than 75,000 acres; (II) not more than 2 recreational developments in a watershed project containing— (aa) not less than 75,000 acres; and (bb) not more than 150,000 acres; or (III) not more than 3 recreational developments in a watershed project containing more than 150,000 acres. (2) Advance payments If the Secretary and a local organization have agreed that the immediate acquisition by the local organization of land, easements, or rights-of-way is advisable for the preservation of sites for works of improvement included in a plan from encroachment by residential, commercial, industrial, or other development— (A) the Secretary may advance to the local organization from funds appropriated for construction of works of improvement the amounts required for the acquisition of such land, easements, or rights-of-way; and (B) except where such costs are to be borne by the Secretary, such advance shall be repaid by the local organization, with interest, prior to construction of the works of improvement, for credit to such construction funds. (3) Mitigation of fish and wildlife habitat losses (A) In general The Secretary may bear an amount not to exceed 50 percent of the costs of the land, easements, or rights-of-way acquired or to be acquired by a local organization for mitigation of fish and wildlife habitat losses. (B) Outside boundaries An acquisition under subparagraph (A) shall not be limited to the confines of the watershed project boundaries. (c) Future demands (1) In general The Secretary shall require, as a condition of providing Federal assistance for the installation of works of improvement, that— (A) the cost of water storage to meet future demands may not exceed 30 percent of the total estimated cost of the reservoir structure; and (B) the local organization shall give reasonable assurances, and provide evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment within the life of the reservoir structure of the cost of such storage. (2) Assurances The Secretary shall determine prior to initiation of construction or modification of any reservoir structure including water supply storage that there are adequate assurances by the local organization or by an agency of the State having authority to give such assurances, that— (A) the Secretary will be reimbursed the cost of water supply storage for anticipated future demands; and (B) the local organization will pay not less than 50 percent of the cost of storage for present water supply demands. (3) Repayment (A) In general The cost to be borne by the local organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed 50 years after the reservoir structure is first used for the storage of water for anticipated future water supply demands, except that— (i) no reimbursement of the cost of such water supply storage for anticipated future demands need be made until such supply is first used; and (ii) no interest shall be charged on the cost of such water supply storage for anticipated future demands until such supply is first used, but in no case shall the interest-free period exceed 10 years. (B) Interest rate The interest rate used for purposes of computing the interest on the unpaid balance under subparagraph (A)(ii) shall be determined in accordance with section 12. (d) Condition of funds Nothing in this Act shall be construed to supersede or in any manner affect or conflict with State water law, Federal water law, interstate compacts, or treaty obligations.. 7. Conditions for Federal assistance (a) In general The Secretary shall require, as a condition of providing Federal assistance for the installation of a work of improvement, that a local organization sponsoring the work of improvement shall— (1) acquire, or, with respect to interests in land to be acquired by condemnation, provide assurances satisfactory to the Secretary that they will acquire, without cost to the Federal Government from funds appropriated for the purposes of this Act (except as provided in subsection (b)), such land, easements, or rights-of-way as will be needed in connection with works of improvement installed with Federal assistance; (2) make arrangements satisfactory to the Secretary for defraying costs of operating and maintaining such works of improvement, in accordance with regulations presented by the Secretary; (3) acquire, or provide assurance that landowners or water users have acquired, such water rights, pursuant to State law, as may be needed in the installation and operation of the work of improvement; (4) obtain agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than 50 percent of the land situated in the drainage area above each retention reservoir to be installed with Federal assistance; and (5) submit a plan of repayment satisfactory to the Secretary for any loan or advancement made under section 12. (b) Cost share or advance payments for certain activities (1) Public fish and wildlife or recreational development (A) In general If a local organization agrees to operate and maintain any reservoir or other area included in a plan for public fish and wildlife or recreational development, the Secretary shall not bear more than 50 percent of the costs of— (i) the land, easements, or rights-of-way acquired or to be acquired by the local organization for such reservoir or other area; and (ii) minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes. (B) Recreational development (i) Conditions The Secretary may participate in recreational development in any watershed project under subparagraph (A) only to the extent that the need for the recreational development is demonstrated in accordance with standards established by the Secretary— (I) taking into account the anticipated man-days of use of the projected recreational development; and (II) giving consideration to the availability within the region of existing water-based outdoor recreational developments. (ii) Limitations The Secretary may participate in— (I) not more than 1 recreational development in a watershed project containing less than 75,000 acres; (II) not more than 2 recreational developments in a watershed project containing— (aa) not less than 75,000 acres; and (bb) not more than 150,000 acres; or (III) not more than 3 recreational developments in a watershed project containing more than 150,000 acres. (2) Advance payments If the Secretary and a local organization have agreed that the immediate acquisition by the local organization of land, easements, or rights-of-way is advisable for the preservation of sites for works of improvement included in a plan from encroachment by residential, commercial, industrial, or other development— (A) the Secretary may advance to the local organization from funds appropriated for construction of works of improvement the amounts required for the acquisition of such land, easements, or rights-of-way; and (B) except where such costs are to be borne by the Secretary, such advance shall be repaid by the local organization, with interest, prior to construction of the works of improvement, for credit to such construction funds. (3) Mitigation of fish and wildlife habitat losses (A) In general The Secretary may bear an amount not to exceed 50 percent of the costs of the land, easements, or rights-of-way acquired or to be acquired by a local organization for mitigation of fish and wildlife habitat losses. (B) Outside boundaries An acquisition under subparagraph (A) shall not be limited to the confines of the watershed project boundaries. (c) Future demands (1) In general The Secretary shall require, as a condition of providing Federal assistance for the installation of works of improvement, that— (A) the cost of water storage to meet future demands may not exceed 30 percent of the total estimated cost of the reservoir structure; and (B) the local organization shall give reasonable assurances, and provide evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment within the life of the reservoir structure of the cost of such storage. (2) Assurances The Secretary shall determine prior to initiation of construction or modification of any reservoir structure including water supply storage that there are adequate assurances by the local organization or by an agency of the State having authority to give such assurances, that— (A) the Secretary will be reimbursed the cost of water supply storage for anticipated future demands; and (B) the local organization will pay not less than 50 percent of the cost of storage for present water supply demands. (3) Repayment (A) In general The cost to be borne by the local organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed 50 years after the reservoir structure is first used for the storage of water for anticipated future water supply demands, except that— (i) no reimbursement of the cost of such water supply storage for anticipated future demands need be made until such supply is first used; and (ii) no interest shall be charged on the cost of such water supply storage for anticipated future demands until such supply is first used, but in no case shall the interest-free period exceed 10 years. (B) Interest rate The interest rate used for purposes of computing the interest on the unpaid balance under subparagraph (A)(ii) shall be determined in accordance with section 12. (d) Condition of funds Nothing in this Act shall be construed to supersede or in any manner affect or conflict with State water law, Federal water law, interstate compacts, or treaty obligations. 10. Contract services The Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ) is amended by inserting after section 7 (as added by section 9) the following: 8. Contract services (a) In general (1) Securing services A local organization may secure services, including for the planning, design, preparation of contracts and specifications, awarding of contracts, and supervision of construction, in connection with works of improvement, if— (A) the Secretary and the interested local organization have agreed on a plan for the works of improvement; (B) the Secretary, in consultation with the delegated authority under section 3(c), has determined that the benefits exceed the costs, except that the benefits of fish and wildlife habitat or water quality improvement shall not be required to be monetized to be considered against costs; (C) the local organization has met the requirements for participation in carrying out the works of improvement described in section 7; and (D) the Secretary, in consultation with the delegated authority under section 3(c), has determined that the services are satisfactory, based on the works of improvement. (2) Services provided by the Secretary The Secretary may provide services under paragraph (1) on request by the local organization, with priority given to multibenefit works of improvement. (3) Reimbursement If the local organization elects to secure services under paragraph (1), the Secretary shall reimburse the local organization for the costs charged for work in an amount not to exceed the amount agreed upon in the plan for works of improvement or any modification thereof. (4) Advance payments (A) In general The Secretary may advance such amounts as may be necessary to pay for services described in paragraph (1). (B) Limitations Advances under subparagraph (A) shall not exceed— (i) in the case of a work of improvement for flood prevention or drought resiliency, 5 percent of the estimated installation cost of the work of improvement; and (ii) in the case of a work of improvement the primary purpose of which is fish and wildlife habitat or water quality improvement, 75 percent of the estimated installation cost of the work of improvement. (b) Construction of structures (1) In general Except as to the installation of works of improvement on Federal land and as provided in paragraph (2), the Secretary shall not construct or enter into any contract for the construction of any structure. (2) Requests of local organization The Secretary may enter into a contract for the construction of structures on request of a local organization.. 8. Contract services (a) In general (1) Securing services A local organization may secure services, including for the planning, design, preparation of contracts and specifications, awarding of contracts, and supervision of construction, in connection with works of improvement, if— (A) the Secretary and the interested local organization have agreed on a plan for the works of improvement; (B) the Secretary, in consultation with the delegated authority under section 3(c), has determined that the benefits exceed the costs, except that the benefits of fish and wildlife habitat or water quality improvement shall not be required to be monetized to be considered against costs; (C) the local organization has met the requirements for participation in carrying out the works of improvement described in section 7; and (D) the Secretary, in consultation with the delegated authority under section 3(c), has determined that the services are satisfactory, based on the works of improvement. (2) Services provided by the Secretary The Secretary may provide services under paragraph (1) on request by the local organization, with priority given to multibenefit works of improvement. (3) Reimbursement If the local organization elects to secure services under paragraph (1), the Secretary shall reimburse the local organization for the costs charged for work in an amount not to exceed the amount agreed upon in the plan for works of improvement or any modification thereof. (4) Advance payments (A) In general The Secretary may advance such amounts as may be necessary to pay for services described in paragraph (1). (B) Limitations Advances under subparagraph (A) shall not exceed— (i) in the case of a work of improvement for flood prevention or drought resiliency, 5 percent of the estimated installation cost of the work of improvement; and (ii) in the case of a work of improvement the primary purpose of which is fish and wildlife habitat or water quality improvement, 75 percent of the estimated installation cost of the work of improvement. (b) Construction of structures (1) In general Except as to the installation of works of improvement on Federal land and as provided in paragraph (2), the Secretary shall not construct or enter into any contract for the construction of any structure. (2) Requests of local organization The Secretary may enter into a contract for the construction of structures on request of a local organization. 11. Maximum loan amount Section 12 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ) (as redesignated by section 7(b)) is amended, in the third sentence, by striking five million dollars and inserting $10,000,000. 12. Data Section 14 of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ) (as redesignated by section 7(b)) is amended— (1) in the matter preceding paragraph (1), by striking collect and maintain and inserting collect, maintain, and publish on the website of the Department of Agriculture ; (2) in paragraph (1), by striking control and conservation and inserting control, conservation, and drought resilience ; and (3) by striking paragraph (2) and inserting the following: (2) expenditures for— (A) improvement in the condition of a natural feature that increases fish or wildlife habitat, reduces drought impact, or reduces flood-risk; (B) improvement in water quality; (C) water conservation; (D) improvement to instream flow; (E) enhanced fish passage or reduction in fish entrainment; (F) permanent protection of a natural feature; and (G) off-channel renewable energy production..
43,087
[ "Agriculture Committee" ]
118hr602ih
118
hr
602
ih
To amend the VA MISSION Act of 2018 to expand the Veterans Healing Veterans Medical Access and Scholarship Program to include more students and schools.
[ { "text": "1. Veterans Healing Veterans Medical Access and Scholarship Program \nSection 304 of the VA MISSION Act of 2018 ( Public Law 115–182 ; 38 U.S.C. 7601 note) is amended— (1) in subsection (a), by striking 18 eligible veterans and inserting 28 eligible veterans ; and (2) in subsection (g)— (A) in the subsection heading, by striking Covered medical schools and inserting Definitions ; (B) in paragraph (1), by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively (and by moving such clauses two ems to the right); (C) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively (and by moving such subparagraphs two ems to the right); (D) by striking section, the term and inserting the following: section: (1) Covered medical school \nThe term ; and (E) by adding at the end the following: (F) University of Puerto Rico School of Medicine. (G) Universidad Central del Caribe School of Medicine. (H) San Juan Bautista School of Medicine. (I) Ponce Health Sciences University. (J) University of Texas Health Sciences Center at San Antonio. (2) State \nThe term State has the meaning given that term in section 101 of title 38, United States Code..", "id": "HE0AB62F0424A485FB870D38E8FC1782B", "header": "Veterans Healing Veterans Medical Access and Scholarship Program", "nested": [], "links": [ { "text": "Public Law 115–182", "legal-doc": "public-law", "parsable-cite": "pl/115/182" }, { "text": "38 U.S.C. 7601", "legal-doc": "usc", "parsable-cite": "usc/38/7601" } ] } ]
1
1. Veterans Healing Veterans Medical Access and Scholarship Program Section 304 of the VA MISSION Act of 2018 ( Public Law 115–182 ; 38 U.S.C. 7601 note) is amended— (1) in subsection (a), by striking 18 eligible veterans and inserting 28 eligible veterans ; and (2) in subsection (g)— (A) in the subsection heading, by striking Covered medical schools and inserting Definitions ; (B) in paragraph (1), by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively (and by moving such clauses two ems to the right); (C) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively (and by moving such subparagraphs two ems to the right); (D) by striking section, the term and inserting the following: section: (1) Covered medical school The term ; and (E) by adding at the end the following: (F) University of Puerto Rico School of Medicine. (G) Universidad Central del Caribe School of Medicine. (H) San Juan Bautista School of Medicine. (I) Ponce Health Sciences University. (J) University of Texas Health Sciences Center at San Antonio. (2) State The term State has the meaning given that term in section 101 of title 38, United States Code..
1,204
[ "Veterans' Affairs Committee" ]
118hr3962ih
118
hr
3,962
ih
To establish a Federal Advisory Council to Support Victims of Gun Violence.
[ { "text": "1. Short title \nThis Act may be cited as the Resources for Victims of Gun Violence Act of 2023.", "id": "H2D92F66120F8475A82D953434D59B484", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Advisory council \nThe term Advisory Council means the Advisory Council to Support Victims of Gun Violence established under section 3. (2) Appropriate committees \nThe term appropriate committees means the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on the Judiciary of the Senate. (C) The Committee on Education and the Workforce of the House of Representatives. (D) The Committee on Energy and Commerce of the House of Representatives. (E) The Committee on the Judiciary of the House of Representatives. (F) Any other relevant committee of the Senate or of the House of Representatives with jurisdiction over matters affecting victims of gun violence. (3) Gun violence \nThe term gun violence means— (A) suicide involving firearms; (B) homicide involving firearms; (C) domestic violence involving firearms; (D) hate crimes involving firearms; (E) youth violence involving firearms; (F) mass shootings; (G) unintentional shootings; (H) non-fatal shootings; and (I) threats or exposure to violent acts involving firearms. (4) Victim assistance professional \nThe term victim assistance professional means a professional who assists victims of gun violence, including— (A) a medical professional, including an emergency medical professional; (B) a social worker; (C) a provider of long-term services or care; and (D) a victim advocate. (5) Victim of gun violence \nThe term victim of gun violence means— (A) an individual who has been wounded as a result of gun violence; (B) an individual who has been threatened with an act of gun violence; (C) an individual who has witnessed an act of gun violence; and (D) a relative, classmate, coworker, or other associate of— (i) an individual who has been killed as a result of gun violence; or (ii) an individual described in subparagraph (A) or (B).", "id": "H711E83C9529E4FC2AA3F2DEFBBA3CC34", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Advisory Council to Support Victims of Gun Violence \n(a) Establishment \nThere is established an Advisory Council to Support Victims of Gun Violence. (b) Membership \n(1) In general \nThe Advisory Council shall be composed of the following members or their designees: (A) The Secretary of Health and Human Services. (B) The Attorney General. (C) The Secretary of Education. (D) The Secretary of Housing and Urban Development. (E) The Secretary of Veterans Affairs. (F) The Commissioner of Social Security. (G) The Assistant Secretary for Mental Health and Substance Use. (H) The Director of the Centers for Disease Control and Prevention. (I) The Director of the National Institutes of Health. (J) The Administrator of the Administration for Community Living. (K) The Director of the Office on Violence Against Women. (L) The Director of the Office for Victims of Crime. (M) The chairman of the Board of the Legal Services Corporation. (N) As appropriate, the head of any other Federal department or agency identified by the Secretary of Health and Human Services as having responsibilities, or administering programs, relating to issues affecting victims of gun violence. (2) Additional members \nIn addition to the members described in paragraph (1), the Advisory Council shall be composed of the following: (A) Not fewer than 2 and not more than 5 victims of gun violence, who shall be appointed by the Secretary of Health and Human Services. (B) Not fewer than 2 and not more than 5 victim assistance professionals, who shall be appointed by the Secretary of Health and Human Services. (3) Lead agency \nThe Department of Health and Human Services shall be the lead agency for the Advisory Council. (c) Duties \n(1) Assessment \nThe Advisory Council shall— (A) survey victims of gun violence and victim assistance professionals about their needs in order to inform the content of information disseminated under paragraph (2) and the report published under paragraph (3); (B) conduct a literature review and assess past or ongoing programs designed to assist victims of gun violence or individuals with similar needs to determine— (i) the effectiveness of the programs; and (ii) best and promising practices for assisting victims of gun violence; and (C) assess the administration of compensation funds established after mass shootings to determine best and promising practices to direct victims of gun violence to sources of funding. (2) Information \n(A) In general \nThe Advisory Council shall identify, promote, coordinate, and disseminate to the public information, resources, and best and promising practices available to help victims of gun violence— (i) meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (ii) maintain their mental health and emotional well-being; (iii) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (iv) access government programs, services, and benefits for which they may be eligible or to which they may be entitled. (B) Contact information \nThe Advisory Council shall include in the information disseminated under subparagraph (A) the websites and telephone contact information for helplines of relevant Federal agencies, State agencies, and nonprofit organizations. (C) Availability \nThe Advisory Council shall make the information described in subparagraphs (A) and (B) available— (i) online through a public website; and (ii) by submitting a hard copy and making available additional hard copies to— (I) each Member of Congress; (II) each field office of the Social Security Administration; (III) each State agency that is responsible for administering health and human services, for dissemination to medical facilities; (IV) each State agency that is responsible for administering education programs, for dissemination to schools; and (V) the office of each State attorney general, for dissemination to local prosecutor's offices. (3) Report \nNot later than 180 days after the date of enactment of this Act, the Advisory Council shall— (A) prepare a report that— (i) includes the best and promising practices, resources, and other useful information for victims of gun violence identified under paragraph (2); (ii) identifies any gaps in items described in clause (i); and (iii) if applicable, identifies any additional Federal or State legislative authority necessary to implement the activities described in clause (i) or address the gaps described in clause (ii); (B) submit the report prepared under subparagraph (A) to— (i) the appropriate committees; (ii) each State agency that is responsible for administering health and human services; (iii) each State agency that is responsible for administering education programs; and (iv) the office of each State attorney general; and (C) make the report prepared under subparagraph (A) available to the public online in an accessible format. (4) Follow-up report \nNot later than 2 years after the date on which the Advisory Council prepares the report under paragraph (3), the Advisory Council shall— (A) submit to the entities described in subparagraph (B) of that paragraph a follow-up report that includes the information identified in subparagraph (A) of that paragraph; and (B) make the follow-up report described in subparagraph (A) available to the public online in an accessible format. (5) Public input \n(A) In general \nThe Advisory Council shall establish a process to collect public input to inform the development of, and provide updates to, the best and promising practices, resources, and other information described in paragraph (2), including by conducting outreach to entities and individuals described in subparagraph (B) of this paragraph that— (i) have a range of experience with the types of gun violence described in section 2(3); and (ii) include representation from communities disproportionately affected by gun violence. (B) Entities and individuals \nThe entities and individuals described in this subparagraph are— (i) States, local governments, and organizations that provide information to, or support for, victims of gun violence; (ii) victims of gun violence; and (iii) victim assistance professionals. (C) Nature of outreach \nIn conducting outreach under subparagraph (A), the Advisory Council shall ask for input on— (i) information, resources, and best and promising practices available, including identification of any gaps and unmet needs; (ii) recommendations that would help victims of gun violence— (I) better meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (II) maintain their mental health and emotional well-being; (III) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (IV) access government programs, services, and benefits for which the victims may be eligible or to which the victims may be entitled; and (iii) any other subject areas discovered during the process that would help victims of gun violence. (d) Federal Advisory Committee Act \nChapter 10 of title 5, United States Code, shall not apply to the Advisory Council. (e) Funding \nNo additional funds are authorized to be appropriated to carry out this Act. (f) Sunset \nThe Advisory Council shall terminate on the date that is 5 years after the date of establishment of the Advisory Council.", "id": "HD76B191D32D34B419307B6A2BFB86B11", "header": "Advisory Council to Support Victims of Gun Violence", "nested": [ { "text": "(a) Establishment \nThere is established an Advisory Council to Support Victims of Gun Violence.", "id": "HFB56B8C6A0844339848E49E2DD40950A", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) In general \nThe Advisory Council shall be composed of the following members or their designees: (A) The Secretary of Health and Human Services. (B) The Attorney General. (C) The Secretary of Education. (D) The Secretary of Housing and Urban Development. (E) The Secretary of Veterans Affairs. (F) The Commissioner of Social Security. (G) The Assistant Secretary for Mental Health and Substance Use. (H) The Director of the Centers for Disease Control and Prevention. (I) The Director of the National Institutes of Health. (J) The Administrator of the Administration for Community Living. (K) The Director of the Office on Violence Against Women. (L) The Director of the Office for Victims of Crime. (M) The chairman of the Board of the Legal Services Corporation. (N) As appropriate, the head of any other Federal department or agency identified by the Secretary of Health and Human Services as having responsibilities, or administering programs, relating to issues affecting victims of gun violence. (2) Additional members \nIn addition to the members described in paragraph (1), the Advisory Council shall be composed of the following: (A) Not fewer than 2 and not more than 5 victims of gun violence, who shall be appointed by the Secretary of Health and Human Services. (B) Not fewer than 2 and not more than 5 victim assistance professionals, who shall be appointed by the Secretary of Health and Human Services. (3) Lead agency \nThe Department of Health and Human Services shall be the lead agency for the Advisory Council.", "id": "HA1C077EA81194BBF9C867C77408720F5", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Duties \n(1) Assessment \nThe Advisory Council shall— (A) survey victims of gun violence and victim assistance professionals about their needs in order to inform the content of information disseminated under paragraph (2) and the report published under paragraph (3); (B) conduct a literature review and assess past or ongoing programs designed to assist victims of gun violence or individuals with similar needs to determine— (i) the effectiveness of the programs; and (ii) best and promising practices for assisting victims of gun violence; and (C) assess the administration of compensation funds established after mass shootings to determine best and promising practices to direct victims of gun violence to sources of funding. (2) Information \n(A) In general \nThe Advisory Council shall identify, promote, coordinate, and disseminate to the public information, resources, and best and promising practices available to help victims of gun violence— (i) meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (ii) maintain their mental health and emotional well-being; (iii) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (iv) access government programs, services, and benefits for which they may be eligible or to which they may be entitled. (B) Contact information \nThe Advisory Council shall include in the information disseminated under subparagraph (A) the websites and telephone contact information for helplines of relevant Federal agencies, State agencies, and nonprofit organizations. (C) Availability \nThe Advisory Council shall make the information described in subparagraphs (A) and (B) available— (i) online through a public website; and (ii) by submitting a hard copy and making available additional hard copies to— (I) each Member of Congress; (II) each field office of the Social Security Administration; (III) each State agency that is responsible for administering health and human services, for dissemination to medical facilities; (IV) each State agency that is responsible for administering education programs, for dissemination to schools; and (V) the office of each State attorney general, for dissemination to local prosecutor's offices. (3) Report \nNot later than 180 days after the date of enactment of this Act, the Advisory Council shall— (A) prepare a report that— (i) includes the best and promising practices, resources, and other useful information for victims of gun violence identified under paragraph (2); (ii) identifies any gaps in items described in clause (i); and (iii) if applicable, identifies any additional Federal or State legislative authority necessary to implement the activities described in clause (i) or address the gaps described in clause (ii); (B) submit the report prepared under subparagraph (A) to— (i) the appropriate committees; (ii) each State agency that is responsible for administering health and human services; (iii) each State agency that is responsible for administering education programs; and (iv) the office of each State attorney general; and (C) make the report prepared under subparagraph (A) available to the public online in an accessible format. (4) Follow-up report \nNot later than 2 years after the date on which the Advisory Council prepares the report under paragraph (3), the Advisory Council shall— (A) submit to the entities described in subparagraph (B) of that paragraph a follow-up report that includes the information identified in subparagraph (A) of that paragraph; and (B) make the follow-up report described in subparagraph (A) available to the public online in an accessible format. (5) Public input \n(A) In general \nThe Advisory Council shall establish a process to collect public input to inform the development of, and provide updates to, the best and promising practices, resources, and other information described in paragraph (2), including by conducting outreach to entities and individuals described in subparagraph (B) of this paragraph that— (i) have a range of experience with the types of gun violence described in section 2(3); and (ii) include representation from communities disproportionately affected by gun violence. (B) Entities and individuals \nThe entities and individuals described in this subparagraph are— (i) States, local governments, and organizations that provide information to, or support for, victims of gun violence; (ii) victims of gun violence; and (iii) victim assistance professionals. (C) Nature of outreach \nIn conducting outreach under subparagraph (A), the Advisory Council shall ask for input on— (i) information, resources, and best and promising practices available, including identification of any gaps and unmet needs; (ii) recommendations that would help victims of gun violence— (I) better meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (II) maintain their mental health and emotional well-being; (III) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (IV) access government programs, services, and benefits for which the victims may be eligible or to which the victims may be entitled; and (iii) any other subject areas discovered during the process that would help victims of gun violence.", "id": "H6349ED1802AA4AF6B73EE244BB040F43", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Federal Advisory Committee Act \nChapter 10 of title 5, United States Code, shall not apply to the Advisory Council.", "id": "HAAD86299B120470C955BF04F999C7C95", "header": "Federal Advisory Committee Act", "nested": [], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "(e) Funding \nNo additional funds are authorized to be appropriated to carry out this Act.", "id": "HC9F3353EC4FC49E0B001D92B623A826B", "header": "Funding", "nested": [], "links": [] }, { "text": "(f) Sunset \nThe Advisory Council shall terminate on the date that is 5 years after the date of establishment of the Advisory Council.", "id": "H04415D39EC82409D97504739AEDB4ACA", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] } ]
3
1. Short title This Act may be cited as the Resources for Victims of Gun Violence Act of 2023. 2. Definitions In this Act: (1) Advisory council The term Advisory Council means the Advisory Council to Support Victims of Gun Violence established under section 3. (2) Appropriate committees The term appropriate committees means the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on the Judiciary of the Senate. (C) The Committee on Education and the Workforce of the House of Representatives. (D) The Committee on Energy and Commerce of the House of Representatives. (E) The Committee on the Judiciary of the House of Representatives. (F) Any other relevant committee of the Senate or of the House of Representatives with jurisdiction over matters affecting victims of gun violence. (3) Gun violence The term gun violence means— (A) suicide involving firearms; (B) homicide involving firearms; (C) domestic violence involving firearms; (D) hate crimes involving firearms; (E) youth violence involving firearms; (F) mass shootings; (G) unintentional shootings; (H) non-fatal shootings; and (I) threats or exposure to violent acts involving firearms. (4) Victim assistance professional The term victim assistance professional means a professional who assists victims of gun violence, including— (A) a medical professional, including an emergency medical professional; (B) a social worker; (C) a provider of long-term services or care; and (D) a victim advocate. (5) Victim of gun violence The term victim of gun violence means— (A) an individual who has been wounded as a result of gun violence; (B) an individual who has been threatened with an act of gun violence; (C) an individual who has witnessed an act of gun violence; and (D) a relative, classmate, coworker, or other associate of— (i) an individual who has been killed as a result of gun violence; or (ii) an individual described in subparagraph (A) or (B). 3. Advisory Council to Support Victims of Gun Violence (a) Establishment There is established an Advisory Council to Support Victims of Gun Violence. (b) Membership (1) In general The Advisory Council shall be composed of the following members or their designees: (A) The Secretary of Health and Human Services. (B) The Attorney General. (C) The Secretary of Education. (D) The Secretary of Housing and Urban Development. (E) The Secretary of Veterans Affairs. (F) The Commissioner of Social Security. (G) The Assistant Secretary for Mental Health and Substance Use. (H) The Director of the Centers for Disease Control and Prevention. (I) The Director of the National Institutes of Health. (J) The Administrator of the Administration for Community Living. (K) The Director of the Office on Violence Against Women. (L) The Director of the Office for Victims of Crime. (M) The chairman of the Board of the Legal Services Corporation. (N) As appropriate, the head of any other Federal department or agency identified by the Secretary of Health and Human Services as having responsibilities, or administering programs, relating to issues affecting victims of gun violence. (2) Additional members In addition to the members described in paragraph (1), the Advisory Council shall be composed of the following: (A) Not fewer than 2 and not more than 5 victims of gun violence, who shall be appointed by the Secretary of Health and Human Services. (B) Not fewer than 2 and not more than 5 victim assistance professionals, who shall be appointed by the Secretary of Health and Human Services. (3) Lead agency The Department of Health and Human Services shall be the lead agency for the Advisory Council. (c) Duties (1) Assessment The Advisory Council shall— (A) survey victims of gun violence and victim assistance professionals about their needs in order to inform the content of information disseminated under paragraph (2) and the report published under paragraph (3); (B) conduct a literature review and assess past or ongoing programs designed to assist victims of gun violence or individuals with similar needs to determine— (i) the effectiveness of the programs; and (ii) best and promising practices for assisting victims of gun violence; and (C) assess the administration of compensation funds established after mass shootings to determine best and promising practices to direct victims of gun violence to sources of funding. (2) Information (A) In general The Advisory Council shall identify, promote, coordinate, and disseminate to the public information, resources, and best and promising practices available to help victims of gun violence— (i) meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (ii) maintain their mental health and emotional well-being; (iii) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (iv) access government programs, services, and benefits for which they may be eligible or to which they may be entitled. (B) Contact information The Advisory Council shall include in the information disseminated under subparagraph (A) the websites and telephone contact information for helplines of relevant Federal agencies, State agencies, and nonprofit organizations. (C) Availability The Advisory Council shall make the information described in subparagraphs (A) and (B) available— (i) online through a public website; and (ii) by submitting a hard copy and making available additional hard copies to— (I) each Member of Congress; (II) each field office of the Social Security Administration; (III) each State agency that is responsible for administering health and human services, for dissemination to medical facilities; (IV) each State agency that is responsible for administering education programs, for dissemination to schools; and (V) the office of each State attorney general, for dissemination to local prosecutor's offices. (3) Report Not later than 180 days after the date of enactment of this Act, the Advisory Council shall— (A) prepare a report that— (i) includes the best and promising practices, resources, and other useful information for victims of gun violence identified under paragraph (2); (ii) identifies any gaps in items described in clause (i); and (iii) if applicable, identifies any additional Federal or State legislative authority necessary to implement the activities described in clause (i) or address the gaps described in clause (ii); (B) submit the report prepared under subparagraph (A) to— (i) the appropriate committees; (ii) each State agency that is responsible for administering health and human services; (iii) each State agency that is responsible for administering education programs; and (iv) the office of each State attorney general; and (C) make the report prepared under subparagraph (A) available to the public online in an accessible format. (4) Follow-up report Not later than 2 years after the date on which the Advisory Council prepares the report under paragraph (3), the Advisory Council shall— (A) submit to the entities described in subparagraph (B) of that paragraph a follow-up report that includes the information identified in subparagraph (A) of that paragraph; and (B) make the follow-up report described in subparagraph (A) available to the public online in an accessible format. (5) Public input (A) In general The Advisory Council shall establish a process to collect public input to inform the development of, and provide updates to, the best and promising practices, resources, and other information described in paragraph (2), including by conducting outreach to entities and individuals described in subparagraph (B) of this paragraph that— (i) have a range of experience with the types of gun violence described in section 2(3); and (ii) include representation from communities disproportionately affected by gun violence. (B) Entities and individuals The entities and individuals described in this subparagraph are— (i) States, local governments, and organizations that provide information to, or support for, victims of gun violence; (ii) victims of gun violence; and (iii) victim assistance professionals. (C) Nature of outreach In conducting outreach under subparagraph (A), the Advisory Council shall ask for input on— (i) information, resources, and best and promising practices available, including identification of any gaps and unmet needs; (ii) recommendations that would help victims of gun violence— (I) better meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (II) maintain their mental health and emotional well-being; (III) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (IV) access government programs, services, and benefits for which the victims may be eligible or to which the victims may be entitled; and (iii) any other subject areas discovered during the process that would help victims of gun violence. (d) Federal Advisory Committee Act Chapter 10 of title 5, United States Code, shall not apply to the Advisory Council. (e) Funding No additional funds are authorized to be appropriated to carry out this Act. (f) Sunset The Advisory Council shall terminate on the date that is 5 years after the date of establishment of the Advisory Council.
9,417
[ "Judiciary Committee" ]
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To ratify a Treaty between the San Juan Southern Paiute Tribe and the Navajo Nation, to provide for the creation of a reservation for the San Juan Southern Paiute Tribe, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the San Juan Southern Paiute Tribal Homelands Act of 2023.", "id": "H4E21BE4B34144B92A6283F3D6E5F19D8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) The San Juan Southern Paiute Tribe is a federally recognized Indian Tribe that has occupied its ancestral homelands in northern Arizona and southern Utah since time immemorial. (2) The San Juan Southern Paiute Tribe was federally recognized on December 11, 1989, though the United States did not create a reservation for its exclusive benefit at that time. (3) The Navajo Indian Reservation was originally established by the 1868 Navajo Treaty (15 Stat. 667) and expanded in Arizona and Utah by various Executive orders and Acts of Congress, including, but not limited to, Executive order of May 17, 1884; Executive order of January 8, 1900; Public Law 72–403 , 47 Stat. 1418 (1933); and Public Law 73–352 , 48 Stat. 960 (1934). (4) The Navajo Indian Reservation presently encompasses lands of the San Juan Southern Paiute Tribe as described in the Treaty between the Navajo Nation and the San Juan Southern Paiute Tribe. (5) While the Diné people of the Navajo Nation and the Paiute people of the San Juan Southern Paiute Tribe have a long history as neighboring communities, the San Juan Southern Paiute people are a separate and culturally distinct Tribe residing within their ancestral lands. (6) The existence of the San Juan Southern Paiute Tribe within the exterior boundaries of the Navajo Indian Reservation and the lack of an exclusive reservation land base causes particular hardship for the people of the San Juan Southern Paiute Tribe, preventing the Tribe from providing adequate housing, infrastructure, healthcare, community services, and public safety for its people. (7) The San Juan Southern Paiute Tribe and the Navajo Nation entered into a Treaty on March 18, 2000, to resolve and clarify the sovereign authority of both Tribal nations, to provide a permanent homeland for the San Juan Southern Paiute Tribe, and to resolve other matters of mutual concern. (8) Ratification and approval of the Treaty by Congress and the execution of the Treaty by the Secretary is necessary for the Treaty to become effective under its terms. (9) The establishment and proclamation of the San Juan Southern Paiute Reservation as authorized in this Act only includes lands within the existing boundaries of the Navajo Indian Reservation. (10) Once effective, the Treaty will— (A) resolve and cause the dismissal of long-running litigation concerning certain land rights of the Navajo Nation and San Juan Southern Paiute Tribe currently pending before the United States Court of Appeals for the Ninth Circuit (Masayesva v. Zah et al., No. 93–15216 (9th Cir.); and (B) promote cooperation and harmony between the Diné and Paiute people, serving as an example of friendship and partnership between two sovereign Tribal nations.", "id": "H526767E026DD409E8D208917C7FB5450", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 72–403", "legal-doc": "public-law", "parsable-cite": "pl/72/403" }, { "text": "Public Law 73–352", "legal-doc": "public-law", "parsable-cite": "pl/73/352" } ] }, { "text": "3. Definitions \nFor the purpose of this Act, the following definitions apply: (1) San Juan Paiute Northern Area \nThe term San Juan Paiute Northern Area means the area of land located within the San Juan Southern Paiute Reservation as depicted on Map B of the Treaty. (2) San Juan Paiute Southern Area \nThe term San Juan Paiute Southern Area means the area of land within the San Juan Southern Paiute Reservation depicted on Map A of the Treaty. (3) San Juan Southern Paiute Reservation \nThe term San Juan Southern Paiute Reservation means the approximately 5,400 acres of lands described in the Treaty as the San Juan Paiute Northern Area and the San Juan Paiute Southern Area located wholly within the exterior boundaries of the Navajo Indian Reservation. (4) Secretary \nThe term Secretary means the Secretary of the Interior. (5) Treaty \nThe term Treaty means the articles of Treaty and Agreement entered into by the Navajo Nation and the San Juan Southern Paiute Tribe to settle land claims and other disputes, as executed on March 18, 2000, and modified by addendum on May 7th, 2004, including all exhibits and maps incorporated therein by reference.", "id": "HC6C48379E9BA4278A2767B3F02C9B6BA", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Ratification and approval of the treaty \nThe Treaty is hereby approved, ratified and confirmed by the Congress of the United States.", "id": "HAAA2DAA6EC744B57A11CE6498AAD64D7", "header": "Ratification and approval of the treaty", "nested": [], "links": [] }, { "text": "5. Approval of the Secretary \n(a) In general \nThe Secretary is authorized and directed— (1) to approve and execute the Treaty as set forth therein, except that the specific findings stated under the heading APPROVAL, following the Treaty, shall not be binding on the Secretary; and (2) to take all steps necessary to implement and carry out the intent of the Treaty and this Act. (b) Approval of amendments \nThe Secretary is delegated the authority, without further Act of Congress, to approve and execute amendments to the Treaty agreed to by the Navajo Nation and the San Juan Southern Paiute Tribe.", "id": "HF242645B8CC14F688CFB1DE7BC3FDF9E", "header": "Approval of the Secretary", "nested": [ { "text": "(a) In general \nThe Secretary is authorized and directed— (1) to approve and execute the Treaty as set forth therein, except that the specific findings stated under the heading APPROVAL, following the Treaty, shall not be binding on the Secretary; and (2) to take all steps necessary to implement and carry out the intent of the Treaty and this Act.", "id": "H6968BF0A3E2444278FB648DA199C4CC2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Approval of amendments \nThe Secretary is delegated the authority, without further Act of Congress, to approve and execute amendments to the Treaty agreed to by the Navajo Nation and the San Juan Southern Paiute Tribe.", "id": "H48B0FA1615FD4639990E96F9AF0BBE6D", "header": "Approval of amendments", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Lands proclaimed a reservation for the San Juan Southern Paiute Tribe \n(a) In general \nAll right, title and interest, including water rights, to the approximately 5,400 acres of land within the Navajo Indian Reservation that are described in the Treaty as the San Juan Paiute Northern Area and the San Juan Paiute Southern Area, are hereby proclaimed as the San Juan Southern Paiute Reservation and such lands shall be held by the United States in trust as a reservation for the exclusive benefit of the San Juan Southern Paiute Tribe, subject to the rights of access under section 7 of this Act. (b) No major Federal action; undertaking \nNo action taken pursuant to this section shall be considered— (1) a major Federal action under the National Environmental Policy Act ( 42 U.S.C. 4321 et seq. ); or (2) an undertaking under the National Historic Preservation Act ( 54 U.S.C. 300101 et seq. ). (c) No appraisal or valuation \nNotwithstanding any other law, no appraisal or other valuation shall be required to carry out the provisions of this section.", "id": "HC450A2C45F5A4E539DD72DA8F7B220B0", "header": "Lands proclaimed a reservation for the San Juan Southern Paiute Tribe", "nested": [ { "text": "(a) In general \nAll right, title and interest, including water rights, to the approximately 5,400 acres of land within the Navajo Indian Reservation that are described in the Treaty as the San Juan Paiute Northern Area and the San Juan Paiute Southern Area, are hereby proclaimed as the San Juan Southern Paiute Reservation and such lands shall be held by the United States in trust as a reservation for the exclusive benefit of the San Juan Southern Paiute Tribe, subject to the rights of access under section 7 of this Act.", "id": "H6A68368E746343BBBB1EBECCF9C90FB8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) No major Federal action; undertaking \nNo action taken pursuant to this section shall be considered— (1) a major Federal action under the National Environmental Policy Act ( 42 U.S.C. 4321 et seq. ); or (2) an undertaking under the National Historic Preservation Act ( 54 U.S.C. 300101 et seq. ).", "id": "H3D267D80EF364BD3AB3706B866EF1853", "header": "No major Federal action; undertaking", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "54 U.S.C. 300101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/54/300101" } ] }, { "text": "(c) No appraisal or valuation \nNotwithstanding any other law, no appraisal or other valuation shall be required to carry out the provisions of this section.", "id": "H64B04A10841C49A28F2EAB35914B09FA", "header": "No appraisal or valuation", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "54 U.S.C. 300101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/54/300101" } ] }, { "text": "7. Rights of access and easements \nThe Navajo Indian Reservation and the San Juan Southern Paiute Reservation shall be subject to the rights of access and easements as identified in the Treaty.", "id": "H6E4C155E9C0F4B29B2748DD361A109DE", "header": "Rights of access and easements", "nested": [], "links": [] }, { "text": "8. Surveying and fencing of land \n(a) Requirement \nThe Secretary is directed to— (1) complete a survey and legal description of the boundary lines to establish the boundaries of the San Juan Southern Paiute Reservation, not later than 18 months after the date of the enactment of this Act; (2) officially file the survey plat in the appropriate office of the Department of the Interior; (3) mark and fence the lands as described in article V of the Treaty, where feasible; and (4) study the feasibility of an access road to the San Juan Paiute Southern Area from U.S. Route 89, as described in article XI of the Treaty. (b) Legal descriptions \n(1) In general \nThe legal descriptions published in accordance with subsection (b) shall be considered the official legal description of the San Juan Southern Paiute Reservation and shall have the same force and effect as if included in this Act. (2) Publication \nUpon completion of the surveys under subsection (a), the Secretary shall publish in the Federal Register a legal description of the lands comprising the San Juan Southern Paiute Reservation. (3) Corrections \nThe Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions.", "id": "HF1AEFABD84A24B579F10F7B8CF9FFCF8", "header": "Surveying and fencing of land", "nested": [ { "text": "(a) Requirement \nThe Secretary is directed to— (1) complete a survey and legal description of the boundary lines to establish the boundaries of the San Juan Southern Paiute Reservation, not later than 18 months after the date of the enactment of this Act; (2) officially file the survey plat in the appropriate office of the Department of the Interior; (3) mark and fence the lands as described in article V of the Treaty, where feasible; and (4) study the feasibility of an access road to the San Juan Paiute Southern Area from U.S. Route 89, as described in article XI of the Treaty.", "id": "HA5CE89F63FB34596B2D2A5110884A821", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Legal descriptions \n(1) In general \nThe legal descriptions published in accordance with subsection (b) shall be considered the official legal description of the San Juan Southern Paiute Reservation and shall have the same force and effect as if included in this Act. (2) Publication \nUpon completion of the surveys under subsection (a), the Secretary shall publish in the Federal Register a legal description of the lands comprising the San Juan Southern Paiute Reservation. (3) Corrections \nThe Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions.", "id": "H55BF9BFAF6FF45FCB75AC5E08CA1AA72", "header": "Legal descriptions", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Repeal of Paiute allotment procedures \nSection 9 of Public Law 93–531 (88 Stat. 1716, formerly codified at 25 U.S.C. 640d–8 ) is repealed.", "id": "HD3BC34ACBC7445E79B42A6AFB7498D6A", "header": "Repeal of Paiute allotment procedures", "nested": [], "links": [ { "text": "Public Law 93–531", "legal-doc": "public-law", "parsable-cite": "pl/93/531" }, { "text": "25 U.S.C. 640d–8", "legal-doc": "usc", "parsable-cite": "usc/25/640d-8" } ] }, { "text": "10. Water rights \n(a) In general \nExcept as provided in the Treaty, nothing in this Act shall affect any water rights, in existence on the date of the enactment of this Act, appurtenant to the lands of the San Juan Paiute Northern Area and the San Juan Paiute Southern Area. (b) Transfer of water rights \nAs authorized by article XV of the Treaty, the establishment of the San Juan Southern Paiute Reservation from lands within the Navajo Indian Reservation shall include the transfer of any water rights appurtenant to those lands, including the priority dates associated with such rights. (c) Rights held in trust \nThe water rights for the San Juan Southern Paiute Reservation shall be held by the United States in trust for the San Juan Southern Paiute Tribe. (d) Claims by the United States \nThe United States, as trustee for the San Juan Southern Paiute Tribe, shall take all necessary steps to quantify the water rights appurtenant to the San Juan Southern Paiute Reservation for the benefit of the San Juan Southern Paiute Tribe. (e) Water rights for the San Juan Paiute Northern Area \n(1) Right to water service \nThe San Juan Southern Paiute Tribe shall have the right to water service for the San Juan Paiute Northern Area for domestic uses on a pro rata and non-discriminatory basis as described in article XIV of the Treaty. (2) No objection by the navajo nation \nThe Navajo Nation shall not object to the quantification of water rights appurtenant to the San Juan Paiute Northern Area consistent with and limited to the following: (A) The San Juan Southern Paiute Tribe shall have the right to divert all surface waters arising on or flowing across the San Juan Paiute Northern Area for any purpose consistent with this Act or the Treaty. (B) The San Juan Southern Paiute Tribe shall have the right to pump groundwater beneath the San Juan Paiute Northern Area for domestic or stock-watering uses. (f) Lawful uses \nThe San Juan Southern Paiute Tribe and the Navajo Nation shall not object to uses of water consistent with the rights decreed to either Tribe. (g) Accounting \nThe United States, on behalf of the San Juan Southern Paiute Tribe, shall provide the Navajo Nation with an annual accounting of the depletions associated with the use of water on the San Juan Paiute Northern Area, and the depletions associated with those uses shall be accounted for as a depletion by the Navajo Nation for purposes of depletion accounting. (h) Water rights for the San Juan Paiute Southern Area \nUntil the water rights to the San Juan Paiute Southern Area are adjudicated, the San Juan Southern Paiute Tribe shall limit its water use on the San Juan Paiute Southern Area to no more than 300 acre-feet annually from a combination of groundwater and water from springs and washes.", "id": "HBE14AE8DFD274668A034701C71FD1B6A", "header": "Water rights", "nested": [ { "text": "(a) In general \nExcept as provided in the Treaty, nothing in this Act shall affect any water rights, in existence on the date of the enactment of this Act, appurtenant to the lands of the San Juan Paiute Northern Area and the San Juan Paiute Southern Area.", "id": "H53B769C4A1E2418CADDF724DDE0881FA", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Transfer of water rights \nAs authorized by article XV of the Treaty, the establishment of the San Juan Southern Paiute Reservation from lands within the Navajo Indian Reservation shall include the transfer of any water rights appurtenant to those lands, including the priority dates associated with such rights.", "id": "H0CAF087242BC4A499BCCEFA68472A4F9", "header": "Transfer of water rights", "nested": [], "links": [] }, { "text": "(c) Rights held in trust \nThe water rights for the San Juan Southern Paiute Reservation shall be held by the United States in trust for the San Juan Southern Paiute Tribe.", "id": "H65250ADD74474BEA9583C4649A4F9ADE", "header": "Rights held in trust", "nested": [], "links": [] }, { "text": "(d) Claims by the United States \nThe United States, as trustee for the San Juan Southern Paiute Tribe, shall take all necessary steps to quantify the water rights appurtenant to the San Juan Southern Paiute Reservation for the benefit of the San Juan Southern Paiute Tribe.", "id": "H0574432FB610416F88D77D751EDFA50F", "header": "Claims by the United States", "nested": [], "links": [] }, { "text": "(e) Water rights for the San Juan Paiute Northern Area \n(1) Right to water service \nThe San Juan Southern Paiute Tribe shall have the right to water service for the San Juan Paiute Northern Area for domestic uses on a pro rata and non-discriminatory basis as described in article XIV of the Treaty. (2) No objection by the navajo nation \nThe Navajo Nation shall not object to the quantification of water rights appurtenant to the San Juan Paiute Northern Area consistent with and limited to the following: (A) The San Juan Southern Paiute Tribe shall have the right to divert all surface waters arising on or flowing across the San Juan Paiute Northern Area for any purpose consistent with this Act or the Treaty. (B) The San Juan Southern Paiute Tribe shall have the right to pump groundwater beneath the San Juan Paiute Northern Area for domestic or stock-watering uses.", "id": "HFE55B88BE45C4E8290F37048FC74C135", "header": "Water rights for the San Juan Paiute Northern Area", "nested": [], "links": [] }, { "text": "(f) Lawful uses \nThe San Juan Southern Paiute Tribe and the Navajo Nation shall not object to uses of water consistent with the rights decreed to either Tribe.", "id": "H5850DDEDF26645EAB6C414E10B4C5469", "header": "Lawful uses", "nested": [], "links": [] }, { "text": "(g) Accounting \nThe United States, on behalf of the San Juan Southern Paiute Tribe, shall provide the Navajo Nation with an annual accounting of the depletions associated with the use of water on the San Juan Paiute Northern Area, and the depletions associated with those uses shall be accounted for as a depletion by the Navajo Nation for purposes of depletion accounting.", "id": "HDB0FB8F3DEE4426BA8EC3563B4D3BD97", "header": "Accounting", "nested": [], "links": [] }, { "text": "(h) Water rights for the San Juan Paiute Southern Area \nUntil the water rights to the San Juan Paiute Southern Area are adjudicated, the San Juan Southern Paiute Tribe shall limit its water use on the San Juan Paiute Southern Area to no more than 300 acre-feet annually from a combination of groundwater and water from springs and washes.", "id": "H7A8B7EF309DC4461BC2B1C5D931A336F", "header": "Water rights for the San Juan Paiute Southern Area", "nested": [], "links": [] } ], "links": [] }, { "text": "11. Publication; Jurisdiction \n(a) Publication \nIn accordance with article VI of the Treaty, the Secretary shall publish in the Federal Register separate notices of completion of fencing or boundary marking upon completion of fencing or boundary marking of— (1) the San Juan Northern Area; and (2) the San Juan Southern Area. (b) Jurisdiction \nUpon publication in the Federal Register under either subsection (a)(1) or subsection (a)(2)— (1) the San Juan Southern Paiute Tribe shall have full jurisdiction over all matters within that area of the San Juan Southern Paiute Reservation to the fullest extent permitted by Federal law; and (2) the Navajo Nation shall no longer have jurisdiction over matters occurring within that area of the San Juan Southern Paiute Reservation except as agreed to by the Navajo Nation and the San Juan Southern Paiute Tribe.", "id": "H9EF1650132A2490EA6DF94E7BD0830F5", "header": "Publication; Jurisdiction", "nested": [ { "text": "(a) Publication \nIn accordance with article VI of the Treaty, the Secretary shall publish in the Federal Register separate notices of completion of fencing or boundary marking upon completion of fencing or boundary marking of— (1) the San Juan Northern Area; and (2) the San Juan Southern Area.", "id": "H47914CF5003A471B8BA18F21B2141017", "header": "Publication", "nested": [], "links": [] }, { "text": "(b) Jurisdiction \nUpon publication in the Federal Register under either subsection (a)(1) or subsection (a)(2)— (1) the San Juan Southern Paiute Tribe shall have full jurisdiction over all matters within that area of the San Juan Southern Paiute Reservation to the fullest extent permitted by Federal law; and (2) the Navajo Nation shall no longer have jurisdiction over matters occurring within that area of the San Juan Southern Paiute Reservation except as agreed to by the Navajo Nation and the San Juan Southern Paiute Tribe.", "id": "H6F1A76C35E184EF8859547BD7E577660", "header": "Jurisdiction", "nested": [], "links": [] } ], "links": [] }, { "text": "12. Construction of law \nThe San Juan Southern Paiute Tribe shall— (1) be recognized as a Tribe of Indians within the purview of the Act of June 18, 1934, as amended ( 25 U.S.C. 5101 et seq. ); and (2) be subject to all of the provisions thereof.", "id": "HEFF7CB9A4EC54A4CA55D45153EB0DA49", "header": "Construction of law", "nested": [], "links": [ { "text": "25 U.S.C. 5101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/5101" } ] } ]
12
1. Short title This Act may be cited as the San Juan Southern Paiute Tribal Homelands Act of 2023. 2. Findings The Congress finds the following: (1) The San Juan Southern Paiute Tribe is a federally recognized Indian Tribe that has occupied its ancestral homelands in northern Arizona and southern Utah since time immemorial. (2) The San Juan Southern Paiute Tribe was federally recognized on December 11, 1989, though the United States did not create a reservation for its exclusive benefit at that time. (3) The Navajo Indian Reservation was originally established by the 1868 Navajo Treaty (15 Stat. 667) and expanded in Arizona and Utah by various Executive orders and Acts of Congress, including, but not limited to, Executive order of May 17, 1884; Executive order of January 8, 1900; Public Law 72–403 , 47 Stat. 1418 (1933); and Public Law 73–352 , 48 Stat. 960 (1934). (4) The Navajo Indian Reservation presently encompasses lands of the San Juan Southern Paiute Tribe as described in the Treaty between the Navajo Nation and the San Juan Southern Paiute Tribe. (5) While the Diné people of the Navajo Nation and the Paiute people of the San Juan Southern Paiute Tribe have a long history as neighboring communities, the San Juan Southern Paiute people are a separate and culturally distinct Tribe residing within their ancestral lands. (6) The existence of the San Juan Southern Paiute Tribe within the exterior boundaries of the Navajo Indian Reservation and the lack of an exclusive reservation land base causes particular hardship for the people of the San Juan Southern Paiute Tribe, preventing the Tribe from providing adequate housing, infrastructure, healthcare, community services, and public safety for its people. (7) The San Juan Southern Paiute Tribe and the Navajo Nation entered into a Treaty on March 18, 2000, to resolve and clarify the sovereign authority of both Tribal nations, to provide a permanent homeland for the San Juan Southern Paiute Tribe, and to resolve other matters of mutual concern. (8) Ratification and approval of the Treaty by Congress and the execution of the Treaty by the Secretary is necessary for the Treaty to become effective under its terms. (9) The establishment and proclamation of the San Juan Southern Paiute Reservation as authorized in this Act only includes lands within the existing boundaries of the Navajo Indian Reservation. (10) Once effective, the Treaty will— (A) resolve and cause the dismissal of long-running litigation concerning certain land rights of the Navajo Nation and San Juan Southern Paiute Tribe currently pending before the United States Court of Appeals for the Ninth Circuit (Masayesva v. Zah et al., No. 93–15216 (9th Cir.); and (B) promote cooperation and harmony between the Diné and Paiute people, serving as an example of friendship and partnership between two sovereign Tribal nations. 3. Definitions For the purpose of this Act, the following definitions apply: (1) San Juan Paiute Northern Area The term San Juan Paiute Northern Area means the area of land located within the San Juan Southern Paiute Reservation as depicted on Map B of the Treaty. (2) San Juan Paiute Southern Area The term San Juan Paiute Southern Area means the area of land within the San Juan Southern Paiute Reservation depicted on Map A of the Treaty. (3) San Juan Southern Paiute Reservation The term San Juan Southern Paiute Reservation means the approximately 5,400 acres of lands described in the Treaty as the San Juan Paiute Northern Area and the San Juan Paiute Southern Area located wholly within the exterior boundaries of the Navajo Indian Reservation. (4) Secretary The term Secretary means the Secretary of the Interior. (5) Treaty The term Treaty means the articles of Treaty and Agreement entered into by the Navajo Nation and the San Juan Southern Paiute Tribe to settle land claims and other disputes, as executed on March 18, 2000, and modified by addendum on May 7th, 2004, including all exhibits and maps incorporated therein by reference. 4. Ratification and approval of the treaty The Treaty is hereby approved, ratified and confirmed by the Congress of the United States. 5. Approval of the Secretary (a) In general The Secretary is authorized and directed— (1) to approve and execute the Treaty as set forth therein, except that the specific findings stated under the heading APPROVAL, following the Treaty, shall not be binding on the Secretary; and (2) to take all steps necessary to implement and carry out the intent of the Treaty and this Act. (b) Approval of amendments The Secretary is delegated the authority, without further Act of Congress, to approve and execute amendments to the Treaty agreed to by the Navajo Nation and the San Juan Southern Paiute Tribe. 6. Lands proclaimed a reservation for the San Juan Southern Paiute Tribe (a) In general All right, title and interest, including water rights, to the approximately 5,400 acres of land within the Navajo Indian Reservation that are described in the Treaty as the San Juan Paiute Northern Area and the San Juan Paiute Southern Area, are hereby proclaimed as the San Juan Southern Paiute Reservation and such lands shall be held by the United States in trust as a reservation for the exclusive benefit of the San Juan Southern Paiute Tribe, subject to the rights of access under section 7 of this Act. (b) No major Federal action; undertaking No action taken pursuant to this section shall be considered— (1) a major Federal action under the National Environmental Policy Act ( 42 U.S.C. 4321 et seq. ); or (2) an undertaking under the National Historic Preservation Act ( 54 U.S.C. 300101 et seq. ). (c) No appraisal or valuation Notwithstanding any other law, no appraisal or other valuation shall be required to carry out the provisions of this section. 7. Rights of access and easements The Navajo Indian Reservation and the San Juan Southern Paiute Reservation shall be subject to the rights of access and easements as identified in the Treaty. 8. Surveying and fencing of land (a) Requirement The Secretary is directed to— (1) complete a survey and legal description of the boundary lines to establish the boundaries of the San Juan Southern Paiute Reservation, not later than 18 months after the date of the enactment of this Act; (2) officially file the survey plat in the appropriate office of the Department of the Interior; (3) mark and fence the lands as described in article V of the Treaty, where feasible; and (4) study the feasibility of an access road to the San Juan Paiute Southern Area from U.S. Route 89, as described in article XI of the Treaty. (b) Legal descriptions (1) In general The legal descriptions published in accordance with subsection (b) shall be considered the official legal description of the San Juan Southern Paiute Reservation and shall have the same force and effect as if included in this Act. (2) Publication Upon completion of the surveys under subsection (a), the Secretary shall publish in the Federal Register a legal description of the lands comprising the San Juan Southern Paiute Reservation. (3) Corrections The Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions. 9. Repeal of Paiute allotment procedures Section 9 of Public Law 93–531 (88 Stat. 1716, formerly codified at 25 U.S.C. 640d–8 ) is repealed. 10. Water rights (a) In general Except as provided in the Treaty, nothing in this Act shall affect any water rights, in existence on the date of the enactment of this Act, appurtenant to the lands of the San Juan Paiute Northern Area and the San Juan Paiute Southern Area. (b) Transfer of water rights As authorized by article XV of the Treaty, the establishment of the San Juan Southern Paiute Reservation from lands within the Navajo Indian Reservation shall include the transfer of any water rights appurtenant to those lands, including the priority dates associated with such rights. (c) Rights held in trust The water rights for the San Juan Southern Paiute Reservation shall be held by the United States in trust for the San Juan Southern Paiute Tribe. (d) Claims by the United States The United States, as trustee for the San Juan Southern Paiute Tribe, shall take all necessary steps to quantify the water rights appurtenant to the San Juan Southern Paiute Reservation for the benefit of the San Juan Southern Paiute Tribe. (e) Water rights for the San Juan Paiute Northern Area (1) Right to water service The San Juan Southern Paiute Tribe shall have the right to water service for the San Juan Paiute Northern Area for domestic uses on a pro rata and non-discriminatory basis as described in article XIV of the Treaty. (2) No objection by the navajo nation The Navajo Nation shall not object to the quantification of water rights appurtenant to the San Juan Paiute Northern Area consistent with and limited to the following: (A) The San Juan Southern Paiute Tribe shall have the right to divert all surface waters arising on or flowing across the San Juan Paiute Northern Area for any purpose consistent with this Act or the Treaty. (B) The San Juan Southern Paiute Tribe shall have the right to pump groundwater beneath the San Juan Paiute Northern Area for domestic or stock-watering uses. (f) Lawful uses The San Juan Southern Paiute Tribe and the Navajo Nation shall not object to uses of water consistent with the rights decreed to either Tribe. (g) Accounting The United States, on behalf of the San Juan Southern Paiute Tribe, shall provide the Navajo Nation with an annual accounting of the depletions associated with the use of water on the San Juan Paiute Northern Area, and the depletions associated with those uses shall be accounted for as a depletion by the Navajo Nation for purposes of depletion accounting. (h) Water rights for the San Juan Paiute Southern Area Until the water rights to the San Juan Paiute Southern Area are adjudicated, the San Juan Southern Paiute Tribe shall limit its water use on the San Juan Paiute Southern Area to no more than 300 acre-feet annually from a combination of groundwater and water from springs and washes. 11. Publication; Jurisdiction (a) Publication In accordance with article VI of the Treaty, the Secretary shall publish in the Federal Register separate notices of completion of fencing or boundary marking upon completion of fencing or boundary marking of— (1) the San Juan Northern Area; and (2) the San Juan Southern Area. (b) Jurisdiction Upon publication in the Federal Register under either subsection (a)(1) or subsection (a)(2)— (1) the San Juan Southern Paiute Tribe shall have full jurisdiction over all matters within that area of the San Juan Southern Paiute Reservation to the fullest extent permitted by Federal law; and (2) the Navajo Nation shall no longer have jurisdiction over matters occurring within that area of the San Juan Southern Paiute Reservation except as agreed to by the Navajo Nation and the San Juan Southern Paiute Tribe. 12. Construction of law The San Juan Southern Paiute Tribe shall— (1) be recognized as a Tribe of Indians within the purview of the Act of June 18, 1934, as amended ( 25 U.S.C. 5101 et seq. ); and (2) be subject to all of the provisions thereof.
11,277
[ "Natural Resources Committee" ]
118hr2901ih
118
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2,901
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To amend the Federal Food, Drug, and Cosmetic Act to strengthen requirements related to nutrient information on food labels, and for other purposes.
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Food Labeling Modernization 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. Additional requirements for front-of-package labeling for foods. Sec. 3. Claims for conventional foods. Sec. 4. Use of specific terms. Sec. 5. Format of ingredient list. Sec. 6. Declaration of phosphorus in the ingredient list. Sec. 7. Caffeine content on information panel. Sec. 8. Food allergen labeling. Sec. 9. Information about major food allergens and gluten-containing grains. Sec. 10. Submission and availability of food label information. Sec. 11. Standards of identity. Sec. 12. Study on fortification of corn masa flour. Sec. 13. Sugar alcohols and isolated fibers. Sec. 14. Infant and toddler beverages. Sec. 15. Formatting of information on principal display panels. Sec. 16. Sale of food online. Sec. 17. Definitions. Sec. 18. Regulations; delayed applicability.", "id": "H09E3923947094B5EAFA79512123F8095", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Food Labeling Modernization Act of 2023.", "id": "H95637C37DBBD4F4EB1893E76AAA74434", "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. Additional requirements for front-of-package labeling for foods. Sec. 3. Claims for conventional foods. Sec. 4. Use of specific terms. Sec. 5. Format of ingredient list. Sec. 6. Declaration of phosphorus in the ingredient list. Sec. 7. Caffeine content on information panel. Sec. 8. Food allergen labeling. Sec. 9. Information about major food allergens and gluten-containing grains. Sec. 10. Submission and availability of food label information. Sec. 11. Standards of identity. Sec. 12. Study on fortification of corn masa flour. Sec. 13. Sugar alcohols and isolated fibers. Sec. 14. Infant and toddler beverages. Sec. 15. Formatting of information on principal display panels. Sec. 16. Sale of food online. Sec. 17. Definitions. Sec. 18. Regulations; delayed applicability.", "id": "HAA35FDB142F94CF49AE267FB40CAB99B", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Additional requirements for front-of-package labeling for foods \n(a) Interpretive nutrition information \nSection 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) (1) Except as provided in subparagraphs (3), (4), and (5) of paragraph (q), if it is food (other than a dietary supplement) intended for human consumption and is offered for sale and otherwise required to bear nutrition labeling, unless its principal display panel bears interpretive nutrition information. (2) Final regulations regarding the interpretive nutrition information required under subparagraph (1) shall meet the following criteria: (A) There shall be a standardized symbol system that displays calorie information related to the serving size determined under paragraph (q)(1)(A), and interpretive nutrition information related to the content of added sugars, sodium, saturated fat, and any other nutrients that the Secretary determines the highlighting of which will assist consumers in maintaining healthy dietary practices, including by highlighting products containing high levels of such nutrients. (B) The system shall clearly distinguish between products of greater or lesser nutritional value. (C) The information shall— (i) appear in a consistent location on the principal display panels across products; (ii) have a prominent design that visually contrasts with existing packaging design; and (iii) be sufficiently large to be easily legible. (3) In promulgating regulations regarding the interpretive nutrition information required under subparagraph (1) and the standardized symbol system required under subparagraph (2)(A), the Secretary shall take into account published reports by the Health and Medicine Division of the National Academy of Sciences, Engineering, and Medicine regarding interpretive nutrition information, and base regulations on the following principles: (A) Consumers should be able to quickly and easily comprehend the meaning of the system as an indicator of a product’s contribution to a healthy diet without requiring specific or sophisticated nutritional knowledge. (B) The nutrition information should be consistent with the Nutrition Facts Panel and with the recommendations of the Dietary Guidelines for Americans. (C) The information should aim to facilitate consumer selection of healthy product options, including among nutritionally at-risk subpopulations. (4) The Secretary should periodically evaluate the standardized symbol system required under subparagraph (2)(A) to assess its effectiveness in facilitating consumer selection of healthy product options and the extent to which manufacturers are offering healthier products as a result of the disclosure. (5) The implementation of this paragraph should be accompanied by appropriate consumer education and promotion campaigns determined by the Secretary.. (b) Percentage of wheat and grains in grain-Based products, and amount of real fruit, vegetable, and yogurt in products bearing fruit, vegetable, and yogurt claims \nSection 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (a), is further amended by adding at the end the following: (aa) If, in the case of food other than a dietary supplement, the principal display panel bears— (1) the term whole wheat , whole grain , made with whole grain , or multigrain ; (2) a declaration of the whole grain content by weight; (3) the term wheat on a wheat bread, pasta, or similar product that is typically made from wheat; or (4) any similar descriptive phrases, terms, or representations suggesting the product contains whole grains, unless the amounts of whole grains and refined grains, expressed as a percentage of total grains, are conspicuously disclosed in immediate proximity to the most prominent descriptive phrase, term, or representation using a font color and formatting of equivalent prominence to the descriptive phrase, term, or representation with respect to whole grain content, or unless 100 percent of the grains in the food are whole grains. (bb) (1) If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the term fruit , fruity , froot , frooty , or fruit-flavored ; (B) representations, depictions, or images of such ingredients; or (C) any similar descriptive phrases, terms, or representations suggesting the product contains fruit or any specific type of fruit, unless the quantity per serving and form of fruit, including only the nutrient-dense forms, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of fruit. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of fruit. (3) In this paragraph, the term nutrient-dense , with respect to the form of an ingredient derived from a fruit, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. (cc) (1) If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the term vegetable or veggie ; (B) representations, depictions, or images of such ingredients; or (C) any similar descriptive phrases, terms, or representations suggesting the product contains vegetables or any specific type of vegetable, unless the quantity per serving and form of vegetable, including only the nutrient-dense form, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of vegetable. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of vegetable. (3) In this paragraph, the term nutrient-dense , with respect to the form of an ingredient derived from a vegetable, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. (dd) (1) If, in the case of food other than a dietary supplement, the principal display panel bears the term yogurt , unless— (A) the quantity per serving of yogurt is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, in immediate proximity to the term; or (B) the first ingredient is cultured milk, cultured cream, cultured partially skimmed milk, or cultured skim milk. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of yogurt.. (c) Coloring and flavoring \nSection 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b), is further amended by adding at the end the following: (ee) If, in the case of food other than a dietary supplement, it bears or contains any artificial dye, or any added artificial or natural flavoring, unless such fact is prominently stated on the principal display panel of the packaging of the food. For the purposes of this paragraph, the term artificial dye refers to a batch-certified dye certified under part 74 of title 21, Code of Federal Regulations (or any successor regulations).. (d) Sweeteners \n(1) In general \nSection 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (c), is further amended by adding at the end the following: (ff) If, in the case of food other than a dietary supplement, it bears or contains any added artificial or natural noncaloric sweetener, unless such fact is prominently stated on the principal display panel of the packaging of the food.. (2) Report \n(A) In general \nNot later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary ) shall submit to Congress a report that— (i) evaluates whether— (I) manufacturers have increased the use of low- and no-calorie sweeteners; and (II) the use of low- and no-calorie sweeteners has risen to a level that could result in negative health consequences; and (ii) describes actions that will be taken by the Secretary to address any increased use of low- and no-calorie sweeteners. (B) Monitoring \nOn completion of the report described in subparagraph (A), the Secretary shall— (i) periodically monitor for increased use of low- and no-calorie sweeteners; and (ii) take action to address the use of low- and no-calorie sweeteners if the use has risen to a level that could result in negative health consequences. (e) Construction \nNothing in this section, including any amendment made by this section, shall be construed as— (1) affecting any requirement in regulation in effect as of the date of the enactment of this Act with respect to matters that are required to be stated on the principal display panel of a package or container of food that is not required by an amendment made by this section; or (2) restricting the authority of the Secretary of Health and Human Services to require additional information be disclosed on such a principal display panel.", "id": "H2DD9337DF62B4AB8930B312B6D7F616C", "header": "Additional requirements for front-of-package labeling for foods", "nested": [ { "text": "(a) Interpretive nutrition information \nSection 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) (1) Except as provided in subparagraphs (3), (4), and (5) of paragraph (q), if it is food (other than a dietary supplement) intended for human consumption and is offered for sale and otherwise required to bear nutrition labeling, unless its principal display panel bears interpretive nutrition information. (2) Final regulations regarding the interpretive nutrition information required under subparagraph (1) shall meet the following criteria: (A) There shall be a standardized symbol system that displays calorie information related to the serving size determined under paragraph (q)(1)(A), and interpretive nutrition information related to the content of added sugars, sodium, saturated fat, and any other nutrients that the Secretary determines the highlighting of which will assist consumers in maintaining healthy dietary practices, including by highlighting products containing high levels of such nutrients. (B) The system shall clearly distinguish between products of greater or lesser nutritional value. (C) The information shall— (i) appear in a consistent location on the principal display panels across products; (ii) have a prominent design that visually contrasts with existing packaging design; and (iii) be sufficiently large to be easily legible. (3) In promulgating regulations regarding the interpretive nutrition information required under subparagraph (1) and the standardized symbol system required under subparagraph (2)(A), the Secretary shall take into account published reports by the Health and Medicine Division of the National Academy of Sciences, Engineering, and Medicine regarding interpretive nutrition information, and base regulations on the following principles: (A) Consumers should be able to quickly and easily comprehend the meaning of the system as an indicator of a product’s contribution to a healthy diet without requiring specific or sophisticated nutritional knowledge. (B) The nutrition information should be consistent with the Nutrition Facts Panel and with the recommendations of the Dietary Guidelines for Americans. (C) The information should aim to facilitate consumer selection of healthy product options, including among nutritionally at-risk subpopulations. (4) The Secretary should periodically evaluate the standardized symbol system required under subparagraph (2)(A) to assess its effectiveness in facilitating consumer selection of healthy product options and the extent to which manufacturers are offering healthier products as a result of the disclosure. (5) The implementation of this paragraph should be accompanied by appropriate consumer education and promotion campaigns determined by the Secretary..", "id": "H3A4943C87E2F4BFEA5AED7137C95973C", "header": "Interpretive nutrition information", "nested": [], "links": [ { "text": "21 U.S.C. 343", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "(b) Percentage of wheat and grains in grain-Based products, and amount of real fruit, vegetable, and yogurt in products bearing fruit, vegetable, and yogurt claims \nSection 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (a), is further amended by adding at the end the following: (aa) If, in the case of food other than a dietary supplement, the principal display panel bears— (1) the term whole wheat , whole grain , made with whole grain , or multigrain ; (2) a declaration of the whole grain content by weight; (3) the term wheat on a wheat bread, pasta, or similar product that is typically made from wheat; or (4) any similar descriptive phrases, terms, or representations suggesting the product contains whole grains, unless the amounts of whole grains and refined grains, expressed as a percentage of total grains, are conspicuously disclosed in immediate proximity to the most prominent descriptive phrase, term, or representation using a font color and formatting of equivalent prominence to the descriptive phrase, term, or representation with respect to whole grain content, or unless 100 percent of the grains in the food are whole grains. (bb) (1) If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the term fruit , fruity , froot , frooty , or fruit-flavored ; (B) representations, depictions, or images of such ingredients; or (C) any similar descriptive phrases, terms, or representations suggesting the product contains fruit or any specific type of fruit, unless the quantity per serving and form of fruit, including only the nutrient-dense forms, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of fruit. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of fruit. (3) In this paragraph, the term nutrient-dense , with respect to the form of an ingredient derived from a fruit, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. (cc) (1) If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the term vegetable or veggie ; (B) representations, depictions, or images of such ingredients; or (C) any similar descriptive phrases, terms, or representations suggesting the product contains vegetables or any specific type of vegetable, unless the quantity per serving and form of vegetable, including only the nutrient-dense form, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of vegetable. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of vegetable. (3) In this paragraph, the term nutrient-dense , with respect to the form of an ingredient derived from a vegetable, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. (dd) (1) If, in the case of food other than a dietary supplement, the principal display panel bears the term yogurt , unless— (A) the quantity per serving of yogurt is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, in immediate proximity to the term; or (B) the first ingredient is cultured milk, cultured cream, cultured partially skimmed milk, or cultured skim milk. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of yogurt..", "id": "H3C7C4F5431A648E9BE52FD9DCEE9059E", "header": "Percentage of wheat and grains in grain-Based products, and amount of real fruit, vegetable, and yogurt in products bearing fruit, vegetable, and yogurt claims", "nested": [], "links": [] }, { "text": "(c) Coloring and flavoring \nSection 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b), is further amended by adding at the end the following: (ee) If, in the case of food other than a dietary supplement, it bears or contains any artificial dye, or any added artificial or natural flavoring, unless such fact is prominently stated on the principal display panel of the packaging of the food. For the purposes of this paragraph, the term artificial dye refers to a batch-certified dye certified under part 74 of title 21, Code of Federal Regulations (or any successor regulations)..", "id": "H9C22F10EA0544F67B4C15E75401E3420", "header": "Coloring and flavoring", "nested": [], "links": [] }, { "text": "(d) Sweeteners \n(1) In general \nSection 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (c), is further amended by adding at the end the following: (ff) If, in the case of food other than a dietary supplement, it bears or contains any added artificial or natural noncaloric sweetener, unless such fact is prominently stated on the principal display panel of the packaging of the food.. (2) Report \n(A) In general \nNot later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary ) shall submit to Congress a report that— (i) evaluates whether— (I) manufacturers have increased the use of low- and no-calorie sweeteners; and (II) the use of low- and no-calorie sweeteners has risen to a level that could result in negative health consequences; and (ii) describes actions that will be taken by the Secretary to address any increased use of low- and no-calorie sweeteners. (B) Monitoring \nOn completion of the report described in subparagraph (A), the Secretary shall— (i) periodically monitor for increased use of low- and no-calorie sweeteners; and (ii) take action to address the use of low- and no-calorie sweeteners if the use has risen to a level that could result in negative health consequences.", "id": "H36A17F2AA86943F1903F0124327312A9", "header": "Sweeteners", "nested": [], "links": [] }, { "text": "(e) Construction \nNothing in this section, including any amendment made by this section, shall be construed as— (1) affecting any requirement in regulation in effect as of the date of the enactment of this Act with respect to matters that are required to be stated on the principal display panel of a package or container of food that is not required by an amendment made by this section; or (2) restricting the authority of the Secretary of Health and Human Services to require additional information be disclosed on such a principal display panel.", "id": "H5FDCFEAE18C945008A465A092083C0BE", "header": "Construction", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 343", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "3. Claims for conventional foods \n(a) Health-Related claims \n(1) In general \nSection 403(r)(1)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(1)(B) ) is amended by inserting after health-related condition the following: , describes the effect that a nutrient may have on the structure or function of the human body, characterizes the documented mechanism by which that nutrient acts to maintain such structure or function, or describes general well-being from consumption of that nutrient,. (2) Substantiation of claim \nSection 403(r) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r) ) is amended— (A) by redesignating subparagraph (7) as subparagraph (8); and (B) by inserting after subparagraph (6) the following: (7) If the Secretary requests that a claim under subparagraph (1)(B) for food (other than a dietary supplement) be substantiated, then not later than 90 days after the date on which the Secretary makes such request, the manufacturer shall provide to the Secretary all documentation in the manufacturer's possession relating to the claim.. (3) Incompatible with maintaining healthy dietary practices \nSection 403(r)(3)(A)(ii) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2)(B) ) is amended by striking increases to persons in the general population the risk of a disease or health-related condition which is diet related and inserting may not be compatible with maintaining healthy dietary practices. (b) Nutrient content claims \n(1) In general \nSection 403(r)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2) ) is amended by striking clause (B) and inserting the following: (B) If a claim described in subparagraph (1)(A) is made with respect to a nutrient in a food and the Secretary makes a determination that the food contains a nutrient at a level that may not be compatible with maintaining healthy dietary practices, the label or labeling of such food shall contain, prominently and in immediate proximity to such claim, a statement which indicates the food is high in such nutrient.. (2) Revisions to regulations \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise section 101.13(h) of title 21, Code of Federal Regulations, by— (A) updating the level of sodium requiring disclosure to align with the Daily Reference Value for sodium established in the final rule entitled Food Labeling: Revision of the Nutrition and Supplement Facts Labels published by the Food and Drug Administration on May 27, 2016 (81 Fed. Reg. 33741); (B) including a level of added sugars requiring disclosure based on the Daily Reference Value for added sugars established in the final rule described in subparagraph (A); (C) eliminating the requirement that meal products containing more than 26 grams of fat and main dish products containing 19.5 grams of fat per labeled serving must disclose that fat is present in the food; and (D) authorizing the use of express and implied low added sugar claims on products containing 3 grams of added sugars or less per reference amount customarily consumed (or per 50 grams if the reference amount customarily consumed is 30 grams or less or 2 tablespoons or less). (c) Trans fats \nSection 403(r)(2)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2)(A) ) is amended— (1) by redesignating subclauses (v) and (vi) as subclauses (vi) and (vii), respectively; and (2) by inserting after subclause (iv) the following new subclause: (v) may not be made with respect to the level of trans fats in the food, except on the Nutrition Facts Panel, unless the food contains less than one gram of saturated fat per serving or, if the food contains more than one gram of saturated fat per serving, unless the label or labeling of the food discloses the level of saturated fat in the food in immediate proximity to such claim and with appropriate prominence which shall be no less than one-half the size of the claim with respect to the level of trans fats,. (d) Added sugars \nNot more than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate a final rule revising section 101.14 of title 21, Code of Federal Regulations, to include a disqualifying nutrient level for added sugars.", "id": "H4D47EBC72C224379963D1A07EC1CEDF2", "header": "Claims for conventional foods", "nested": [ { "text": "(a) Health-Related claims \n(1) In general \nSection 403(r)(1)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(1)(B) ) is amended by inserting after health-related condition the following: , describes the effect that a nutrient may have on the structure or function of the human body, characterizes the documented mechanism by which that nutrient acts to maintain such structure or function, or describes general well-being from consumption of that nutrient,. (2) Substantiation of claim \nSection 403(r) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r) ) is amended— (A) by redesignating subparagraph (7) as subparagraph (8); and (B) by inserting after subparagraph (6) the following: (7) If the Secretary requests that a claim under subparagraph (1)(B) for food (other than a dietary supplement) be substantiated, then not later than 90 days after the date on which the Secretary makes such request, the manufacturer shall provide to the Secretary all documentation in the manufacturer's possession relating to the claim.. (3) Incompatible with maintaining healthy dietary practices \nSection 403(r)(3)(A)(ii) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2)(B) ) is amended by striking increases to persons in the general population the risk of a disease or health-related condition which is diet related and inserting may not be compatible with maintaining healthy dietary practices.", "id": "H7CE60895F4C740E99FB442604B78117A", "header": "Health-Related claims", "nested": [], "links": [ { "text": "21 U.S.C. 343(r)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/21/343" }, { "text": "21 U.S.C. 343(r)", "legal-doc": "usc", "parsable-cite": "usc/21/343" }, { "text": "21 U.S.C. 343(r)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "(b) Nutrient content claims \n(1) In general \nSection 403(r)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2) ) is amended by striking clause (B) and inserting the following: (B) If a claim described in subparagraph (1)(A) is made with respect to a nutrient in a food and the Secretary makes a determination that the food contains a nutrient at a level that may not be compatible with maintaining healthy dietary practices, the label or labeling of such food shall contain, prominently and in immediate proximity to such claim, a statement which indicates the food is high in such nutrient.. (2) Revisions to regulations \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise section 101.13(h) of title 21, Code of Federal Regulations, by— (A) updating the level of sodium requiring disclosure to align with the Daily Reference Value for sodium established in the final rule entitled Food Labeling: Revision of the Nutrition and Supplement Facts Labels published by the Food and Drug Administration on May 27, 2016 (81 Fed. Reg. 33741); (B) including a level of added sugars requiring disclosure based on the Daily Reference Value for added sugars established in the final rule described in subparagraph (A); (C) eliminating the requirement that meal products containing more than 26 grams of fat and main dish products containing 19.5 grams of fat per labeled serving must disclose that fat is present in the food; and (D) authorizing the use of express and implied low added sugar claims on products containing 3 grams of added sugars or less per reference amount customarily consumed (or per 50 grams if the reference amount customarily consumed is 30 grams or less or 2 tablespoons or less).", "id": "HEB3B68C4A98D4A3CA05CE2176181FFE1", "header": "Nutrient content claims", "nested": [], "links": [ { "text": "21 U.S.C. 343(r)(2)", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "(c) Trans fats \nSection 403(r)(2)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2)(A) ) is amended— (1) by redesignating subclauses (v) and (vi) as subclauses (vi) and (vii), respectively; and (2) by inserting after subclause (iv) the following new subclause: (v) may not be made with respect to the level of trans fats in the food, except on the Nutrition Facts Panel, unless the food contains less than one gram of saturated fat per serving or, if the food contains more than one gram of saturated fat per serving, unless the label or labeling of the food discloses the level of saturated fat in the food in immediate proximity to such claim and with appropriate prominence which shall be no less than one-half the size of the claim with respect to the level of trans fats,.", "id": "H76432BAE9DCC40C598C84A98F380E0A4", "header": "Trans fats", "nested": [], "links": [ { "text": "21 U.S.C. 343(r)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "(d) Added sugars \nNot more than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate a final rule revising section 101.14 of title 21, Code of Federal Regulations, to include a disqualifying nutrient level for added sugars.", "id": "H3D9C39AD08574DACA36B9061B228CC03", "header": "Added sugars", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 343(r)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/21/343" }, { "text": "21 U.S.C. 343(r)", "legal-doc": "usc", "parsable-cite": "usc/21/343" }, { "text": "21 U.S.C. 343(r)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/21/343" }, { "text": "21 U.S.C. 343(r)(2)", "legal-doc": "usc", "parsable-cite": "usc/21/343" }, { "text": "21 U.S.C. 343(r)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "4. Use of specific terms \n(a) Use of the term natural \n(1) In general \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include regulations— (A) relating to use of the term natural on the labeling of food (other than a dietary supplement); (B) specifically addressing the use of such term on the principal display panel and the information panel; and (C) requiring that any such use includes a prominent disclosure explaining what the term natural does and does not mean in terms of ingredients and manufacturing processes. (2) Definition \nThe regulations promulgated pursuant to paragraph (1) shall define the term natural — (A) to exclude, at a minimum, the use of any artificial food or ingredient (including any artificial flavor or added color); and (B) based on data, including data on consumers’ understanding of the term as used in connection with food. (3) Process \nIn promulgating the regulations required by paragraph (1), the Secretary of Health and Human Services shall— (A) conduct consumer surveys and studies and issue a timely call for relevant public submissions regarding relevant consumer research, including with respect to consumer understanding of the term natural in relation to the term organic ; and (B) fully consider the results of such surveys and studies, as well as such public submissions. (b) Use of term healthy \n(1) Added sugars and whole grains \n(A) In general \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include regulations to revise the regulations under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) relating to the use of the term healthy on the labeling of a food (other than a dietary supplement) to take into account the extent to which such food contains added sugars or whole grains. (B) Requirement \nIn making the revisions required by subparagraph (A) in the case of a food (other than a dietary supplement) that contains grains, the Secretary of Health and Human Services shall not consider the food to be healthy unless 100 percent of the grains are whole grains. (2) Sodium \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise the regulations under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) relating to the use of the term healthy on the labeling of a food (other than a dietary supplement) to align labeling requirements related to sodium with the daily value for sodium in the most recent Dietary Guidelines for Americans. (3) Principles for implementing regulations \nIn promulgating regulations under paragraphs (1) and (2) regarding the use of the term healthy , the Secretary of Health and Human Services shall— (A) consider both food and nutrient criteria; and (B) if requiring food labeled as healthy to contain healthful ingredients— (i) consider only ingredients that make up the core of a healthy eating pattern; and (ii) consider these ingredients only in their nutrient-dense forms (as such term in defined in paragraphs (bb) and (cc) of section 403 of the Federal Food, Drug, and Cosmetic Act, as added by section 2(b) of this Act).", "id": "H3955DE8E0F844EA98073D0B547E198BA", "header": "Use of specific terms", "nested": [ { "text": "(a) Use of the term natural \n(1) In general \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include regulations— (A) relating to use of the term natural on the labeling of food (other than a dietary supplement); (B) specifically addressing the use of such term on the principal display panel and the information panel; and (C) requiring that any such use includes a prominent disclosure explaining what the term natural does and does not mean in terms of ingredients and manufacturing processes. (2) Definition \nThe regulations promulgated pursuant to paragraph (1) shall define the term natural — (A) to exclude, at a minimum, the use of any artificial food or ingredient (including any artificial flavor or added color); and (B) based on data, including data on consumers’ understanding of the term as used in connection with food. (3) Process \nIn promulgating the regulations required by paragraph (1), the Secretary of Health and Human Services shall— (A) conduct consumer surveys and studies and issue a timely call for relevant public submissions regarding relevant consumer research, including with respect to consumer understanding of the term natural in relation to the term organic ; and (B) fully consider the results of such surveys and studies, as well as such public submissions.", "id": "H1FDDE8FAB0B1469CA95D83C1AE9AC17F", "header": "Use of the term natural", "nested": [], "links": [] }, { "text": "(b) Use of term healthy \n(1) Added sugars and whole grains \n(A) In general \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include regulations to revise the regulations under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) relating to the use of the term healthy on the labeling of a food (other than a dietary supplement) to take into account the extent to which such food contains added sugars or whole grains. (B) Requirement \nIn making the revisions required by subparagraph (A) in the case of a food (other than a dietary supplement) that contains grains, the Secretary of Health and Human Services shall not consider the food to be healthy unless 100 percent of the grains are whole grains. (2) Sodium \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise the regulations under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) relating to the use of the term healthy on the labeling of a food (other than a dietary supplement) to align labeling requirements related to sodium with the daily value for sodium in the most recent Dietary Guidelines for Americans. (3) Principles for implementing regulations \nIn promulgating regulations under paragraphs (1) and (2) regarding the use of the term healthy , the Secretary of Health and Human Services shall— (A) consider both food and nutrient criteria; and (B) if requiring food labeled as healthy to contain healthful ingredients— (i) consider only ingredients that make up the core of a healthy eating pattern; and (ii) consider these ingredients only in their nutrient-dense forms (as such term in defined in paragraphs (bb) and (cc) of section 403 of the Federal Food, Drug, and Cosmetic Act, as added by section 2(b) of this Act).", "id": "HAE2664628B6A4EAC9A8BB6B49ED8EB4D", "header": "Use of term healthy", "nested": [], "links": [ { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" } ] } ], "links": [ { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" } ] }, { "text": "5. Format of ingredient list \n(a) In general \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include requirements for the format of the information required under section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) )— (1) for the purpose of improving the readability of such information on the label of the food (other than a dietary supplement); and (2) that are, as determined by the Secretary, necessary to assist consumers in maintaining healthy dietary practices. (b) Format requirements \nThe format requirements described in subsection (a) shall include requirements for font size, uppercase and lowercase characters, serif and noncondensed font types, high-contrast between text and background, and bullet points between adjacent ingredients with appropriate exemptions for small packages or other considerations. (c) Enforcement of ingredient list \nNot later than 2 years after the enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the Secretary’s enforcement of— (1) section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) ), including with respect to the regulations described in subsection (a); and (2) regulations of the Food and Drug Administration on labeling of ingredients in section 101.4 of title 21, Code of Federal Regulations.", "id": "H6F495DED72DD41CD9B43D54FDC5CC1DA", "header": "Format of ingredient list", "nested": [ { "text": "(a) In general \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include requirements for the format of the information required under section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) )— (1) for the purpose of improving the readability of such information on the label of the food (other than a dietary supplement); and (2) that are, as determined by the Secretary, necessary to assist consumers in maintaining healthy dietary practices.", "id": "H51632D36279549F580F03AABE259F806", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 343(i)", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "(b) Format requirements \nThe format requirements described in subsection (a) shall include requirements for font size, uppercase and lowercase characters, serif and noncondensed font types, high-contrast between text and background, and bullet points between adjacent ingredients with appropriate exemptions for small packages or other considerations.", "id": "H3CC69B3D25E6482FA5BDAB1DF217672E", "header": "Format requirements", "nested": [], "links": [] }, { "text": "(c) Enforcement of ingredient list \nNot later than 2 years after the enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the Secretary’s enforcement of— (1) section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) ), including with respect to the regulations described in subsection (a); and (2) regulations of the Food and Drug Administration on labeling of ingredients in section 101.4 of title 21, Code of Federal Regulations.", "id": "HE1827478F06F47E39468709F98A942BD", "header": "Enforcement of ingredient list", "nested": [], "links": [ { "text": "21 U.S.C. 343(i)", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] } ], "links": [ { "text": "21 U.S.C. 343(i)", "legal-doc": "usc", "parsable-cite": "usc/21/343" }, { "text": "21 U.S.C. 343(i)", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "6. Declaration of phosphorus in the ingredient list \nSection 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 2(d), is further amended by adding at the end the following: (gg) If it is a food intended for human consumption that is offered for sale and contains phosphorus, unless— (1) the phrase contains phosphorus , along with the quantity of phosphorus in the product, reported in milligrams per serving, is printed immediately after or is adjacent to the list of ingredients required under paragraphs (g) and (i), in a type size no smaller than the type size used in the list of ingredients; or (2) the quantity of phosphorus contained in the product, in milligrams, is reported in the Nutrition Facts Panel..", "id": "H467B16087DDC46BB8EA517ED53C7380E", "header": "Declaration of phosphorus in the ingredient list", "nested": [], "links": [ { "text": "21 U.S.C. 343", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "7. Caffeine content on information panel \nSection 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) ) is amended— (1) by striking and (2) and inserting (2) ; (2) by striking and if the food purports and inserting , (3) if the food purports ; and (3) by inserting , and (4) if the food is food other than a dietary supplement and contains at least 10 milligrams of caffeine from all sources per serving, a statement (with appropriate prominence near the statement of ingredients required by this paragraph) of the number of milligrams of caffeine contained in one serving of the food and the size of such serving after vegetable juice contained in the food.", "id": "HA05482990736410486D890878739B147", "header": "Caffeine content on information panel", "nested": [], "links": [ { "text": "21 U.S.C. 343(i)", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "8. Food allergen labeling \n(a) In general \nSection 201(qq) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(qq) ) is amended by adding at the end the following: (3) Any other food ingredient that the Secretary determines by regulation to be a major food allergen, based on the prevalence and severity of allergic reactions to the food ingredient.. (b) Update to Compliance Policy Guide \nNot later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall update the Food and Drug Administration's Compliance Policy Guide, section 555.250, to conform with applicable laws related to major food allergens and gluten-containing grains, including requirements under sections 9 and 10 of this Act.", "id": "HF3B6ED27A02B445597C76FAF62CD3E0F", "header": "Food allergen labeling", "nested": [ { "text": "(a) In general \nSection 201(qq) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(qq) ) is amended by adding at the end the following: (3) Any other food ingredient that the Secretary determines by regulation to be a major food allergen, based on the prevalence and severity of allergic reactions to the food ingredient..", "id": "H676222662F78402DAB90A359B1A1FCCA", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 321(qq)", "legal-doc": "usc", "parsable-cite": "usc/21/321" } ] }, { "text": "(b) Update to Compliance Policy Guide \nNot later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall update the Food and Drug Administration's Compliance Policy Guide, section 555.250, to conform with applicable laws related to major food allergens and gluten-containing grains, including requirements under sections 9 and 10 of this Act.", "id": "H27F4C429073046779263EAB8B918F008", "header": "Update to Compliance Policy Guide", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 321(qq)", "legal-doc": "usc", "parsable-cite": "usc/21/321" } ] }, { "text": "9. Information about major food allergens and gluten-containing grains \n(a) In general \nSection 403(w) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(w) ) is amended— (1) in subparagraph (1)(A), by striking is printed immediately after or is adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under subsections (g) and (i) and inserting is printed as specified in subparagraph (8) ; (2) in subparagraph (1)(B), by striking in the list of ingredients required under subsections (g) and (i) and inserting as so printed ; (3) in subparagraph (3), by striking The information and inserting Subject to subparagraph (8)(B), the information ; (4) by adding at the end the following: (8) The information required by subparagraph (1) to be conveyed to the consumer shall be— (A) printed immediately after or adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under paragraphs (g) and (i); or (B) in the case of a nonpackaged food being offered for sale at retail, and not subject to the requirements of paragraphs (g) and (i), placed on a sign adjacent to the food (in a type size no smaller than the name of the food item). ; (5) by inserting or gluten-containing grain after food allergen each place it appears in subparagraphs (1), (2), (4), and (7); and (6) in subparagraph (7)(A)— (A) by striking paragraph (6) and inserting subparagraph (6) ; and (B) by striking allergen labeling requirements of this subsection and inserting allergen and gluten-containing grain labeling requirements of this paragraph. (b) Hazard analysis and preventive controls \nSection 418 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350g ) is amended— (1) in subsection (b)(1)(A), by inserting gluten-containing grains, after allergens, ; and (2) in subsection (o)(3)(D), by inserting and gluten-containing grain after allergen,. (c) Inspections relating to food allergens \nSection 205 of the Food Allergen Labeling and Consumer Protection Act of 2004 ( 21 U.S.C. 374a ) is amended by inserting and gluten-containing grains, after allergens each place it appears.", "id": "HF441A4CF76744D4D9BA643BFA0804AFE", "header": "Information about major food allergens and gluten-containing grains", "nested": [ { "text": "(a) In general \nSection 403(w) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(w) ) is amended— (1) in subparagraph (1)(A), by striking is printed immediately after or is adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under subsections (g) and (i) and inserting is printed as specified in subparagraph (8) ; (2) in subparagraph (1)(B), by striking in the list of ingredients required under subsections (g) and (i) and inserting as so printed ; (3) in subparagraph (3), by striking The information and inserting Subject to subparagraph (8)(B), the information ; (4) by adding at the end the following: (8) The information required by subparagraph (1) to be conveyed to the consumer shall be— (A) printed immediately after or adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under paragraphs (g) and (i); or (B) in the case of a nonpackaged food being offered for sale at retail, and not subject to the requirements of paragraphs (g) and (i), placed on a sign adjacent to the food (in a type size no smaller than the name of the food item). ; (5) by inserting or gluten-containing grain after food allergen each place it appears in subparagraphs (1), (2), (4), and (7); and (6) in subparagraph (7)(A)— (A) by striking paragraph (6) and inserting subparagraph (6) ; and (B) by striking allergen labeling requirements of this subsection and inserting allergen and gluten-containing grain labeling requirements of this paragraph.", "id": "H7FE84F2BD04D4E878D51976DD815C3E2", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 343(w)", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "(b) Hazard analysis and preventive controls \nSection 418 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350g ) is amended— (1) in subsection (b)(1)(A), by inserting gluten-containing grains, after allergens, ; and (2) in subsection (o)(3)(D), by inserting and gluten-containing grain after allergen,.", "id": "H963572898343497EAD32C54BCCA151F9", "header": "Hazard analysis and preventive controls", "nested": [], "links": [ { "text": "21 U.S.C. 350g", "legal-doc": "usc", "parsable-cite": "usc/21/350g" } ] }, { "text": "(c) Inspections relating to food allergens \nSection 205 of the Food Allergen Labeling and Consumer Protection Act of 2004 ( 21 U.S.C. 374a ) is amended by inserting and gluten-containing grains, after allergens each place it appears.", "id": "H7326D06A552D4E8D8CB0686B05F3ECA0", "header": "Inspections relating to food allergens", "nested": [], "links": [ { "text": "21 U.S.C. 374a", "legal-doc": "usc", "parsable-cite": "usc/21/374a" } ] } ], "links": [ { "text": "21 U.S.C. 343(w)", "legal-doc": "usc", "parsable-cite": "usc/21/343" }, { "text": "21 U.S.C. 350g", "legal-doc": "usc", "parsable-cite": "usc/21/350g" }, { "text": "21 U.S.C. 374a", "legal-doc": "usc", "parsable-cite": "usc/21/374a" } ] }, { "text": "10. Submission and availability of food label information \nThe Federal Food, Drug, and Cosmetic Act is amended by inserting after section 403C of such Act ( 21 U.S.C. 343–3 ) the following: 403D. Submission and availability of food label information \n(a) Submissions \n(1) Requirement \nThe Secretary shall require the manufacturer or importer of any food that is introduced or delivered for introduction into interstate commerce in package form to submit to the Secretary all information to be included in the label of the food, including— (A) the nutrition facts panel; (B) the ingredients list; (C) an image of the principal display panel; (D) major allergens and gluten-containing grains; (E) claims under section 403(r)(1)(A) (commonly known as nutrient-content claims ); (F) claims under section 403(r)(1)(B) (commonly known as health-related claims ); and (G) other relevant information required by law to be published in the labeling of the food. (2) Updates \nThe Secretary shall require the manufacturer or importer of food to update or supplement the information submitted under paragraph (1) with respect to the food in order to keep the information up-to-date and complete. (3) Civil penalty \nWhoever knowingly violates paragraph (1) with respect to any food shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such violation continues with respect to such food. (b) Public database \nThe Secretary shall establish and maintain a public database containing the information submitted under this section that— (1) is available to the public through the website of the Food and Drug Administration; and (2) allows members of the public to easily search and sort information..", "id": "H6804AA9B39F14141B9C5300827464ABA", "header": "Submission and availability of food label information", "nested": [], "links": [ { "text": "21 U.S.C. 343–3", "legal-doc": "usc", "parsable-cite": "usc/21/343-3" } ] }, { "text": "403D. Submission and availability of food label information \n(a) Submissions \n(1) Requirement \nThe Secretary shall require the manufacturer or importer of any food that is introduced or delivered for introduction into interstate commerce in package form to submit to the Secretary all information to be included in the label of the food, including— (A) the nutrition facts panel; (B) the ingredients list; (C) an image of the principal display panel; (D) major allergens and gluten-containing grains; (E) claims under section 403(r)(1)(A) (commonly known as nutrient-content claims ); (F) claims under section 403(r)(1)(B) (commonly known as health-related claims ); and (G) other relevant information required by law to be published in the labeling of the food. (2) Updates \nThe Secretary shall require the manufacturer or importer of food to update or supplement the information submitted under paragraph (1) with respect to the food in order to keep the information up-to-date and complete. (3) Civil penalty \nWhoever knowingly violates paragraph (1) with respect to any food shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such violation continues with respect to such food. (b) Public database \nThe Secretary shall establish and maintain a public database containing the information submitted under this section that— (1) is available to the public through the website of the Food and Drug Administration; and (2) allows members of the public to easily search and sort information.", "id": "HB774B5EDEA69428A88645B18CFA41DC9", "header": "Submission and availability of food label information", "nested": [ { "text": "(a) Submissions \n(1) Requirement \nThe Secretary shall require the manufacturer or importer of any food that is introduced or delivered for introduction into interstate commerce in package form to submit to the Secretary all information to be included in the label of the food, including— (A) the nutrition facts panel; (B) the ingredients list; (C) an image of the principal display panel; (D) major allergens and gluten-containing grains; (E) claims under section 403(r)(1)(A) (commonly known as nutrient-content claims ); (F) claims under section 403(r)(1)(B) (commonly known as health-related claims ); and (G) other relevant information required by law to be published in the labeling of the food. (2) Updates \nThe Secretary shall require the manufacturer or importer of food to update or supplement the information submitted under paragraph (1) with respect to the food in order to keep the information up-to-date and complete. (3) Civil penalty \nWhoever knowingly violates paragraph (1) with respect to any food shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such violation continues with respect to such food.", "id": "HA29576F8A45E44A48B8A8E5F01E51F92", "header": "Submissions", "nested": [], "links": [] }, { "text": "(b) Public database \nThe Secretary shall establish and maintain a public database containing the information submitted under this section that— (1) is available to the public through the website of the Food and Drug Administration; and (2) allows members of the public to easily search and sort information.", "id": "HEBBBC318CD564304858C9B7A7B264ECC", "header": "Public database", "nested": [], "links": [] } ], "links": [] }, { "text": "11. Standards of identity \n(a) In general \nNot later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall— (1) review standards of identity prescribed by regulation which require foods to contain— (A) minimum levels of nutrients that the Secretary determines are strongly associated with public health concerns; or (B) minimum levels of ingredients containing high levels of such nutrients; and (2) report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the findings of such review. (b) Amendments \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall amend standards of identity regulations to— (1) provide for the use of salt substitutes where appropriate; and (2) require that yogurt, lowfat yogurt, and nonfat yogurt contain a minimum level of live and active cultures per gram.", "id": "HC0602013601242D1B6CA5429C22197CB", "header": "Standards of identity", "nested": [ { "text": "(a) In general \nNot later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall— (1) review standards of identity prescribed by regulation which require foods to contain— (A) minimum levels of nutrients that the Secretary determines are strongly associated with public health concerns; or (B) minimum levels of ingredients containing high levels of such nutrients; and (2) report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the findings of such review.", "id": "H1F0EF15C179B4B3688888A8ED99E9249", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Amendments \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall amend standards of identity regulations to— (1) provide for the use of salt substitutes where appropriate; and (2) require that yogurt, lowfat yogurt, and nonfat yogurt contain a minimum level of live and active cultures per gram.", "id": "HF43F21FA293C4AD8A3BC2DAF6DD8DA56", "header": "Amendments", "nested": [], "links": [] } ], "links": [] }, { "text": "12. Study on fortification of corn masa flour \nNot later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the effect of the final rule titled Food Additives Permitted for Direct Addition to Food for Human Consumption; Folic Acid published by the Food and Drug Administration on April 15, 2016 (81 Fed. Reg. 22176), on folic acid intake in the United States population by race and ethnicity, comparing actual exposure with modeled exposure estimates from the final rule.", "id": "HBAEDC142C3DF4EA0B0B4F30817029935", "header": "Study on fortification of corn masa flour", "nested": [], "links": [] }, { "text": "13. Sugar alcohols and isolated fibers \nSection 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 6, is further amended by adding at the end the following: (hh) If it is a food intended for human consumption that is offered for sale and contains allulose, polydextrose, sugar alcohols, or isolated fibers, unless such fact is prominently stated on the principal display panel of the packaging of the food. The Secretary shall by regulation establish quantities above which such labeling shall include a warning that the food contains a level of allulose, polydextrose, sugar alcohols, or isolated fibers per serving determined by the Secretary to cause deleterious health effects..", "id": "H480AC44AFFC247E9ACEEE7C094C037DD", "header": "Sugar alcohols and isolated fibers", "nested": [], "links": [ { "text": "21 U.S.C. 343", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "14. Infant and toddler beverages \nIn promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise— (1) section 101.3 of title 21, Code of Federal Regulations, to prohibit any beverage in powder or liquid form, other than infant formula, represented or purported to be for use by children more than 12 months old, from being identified as infant formula or use the term formula in combination with any other term; and (2) part 102 of title 21, Code of Federal Regulations, so that— (A) in the case of any powdered or liquid milk-based beverage that claims to be for consumption by children 12 to 36 months of age, such beverage shall— (i) use as its common or usual name a descriptive term such as milk-based drink ; and (ii) if the beverage contains added sugars, nonnutritive sweeteners, or flavorings, include in such common or usual name a qualifying term such as sweetened or flavored ; (B) in the case of any powdered or liquid nondairy-milk-based beverage that claims to be for consumption by children 12 to 36 months of age, such beverage shall— (i) use as its common or usual name an appropriately descriptive term identifying the source of protein, such as soy-based drink powder for 12–36 month olds ; and (ii) if the beverage contains added sugars, nonnutritive sweeteners, or flavorings, include in such common or usual name qualifying terms such as sweetened and flavored when applicable; and (C) the labeling of a beverage described in subparagraph (A) or (B) shall— (i) contain a disclaimer that— (I) cautions against consumption of the beverage by infants, such as DO NOT SERVE TO INFANTS UNDER 12 MONTHS OLD ; and (II) such beverages are not recommended for children 12 to 24 months of age and such consumption of such beverages is not required for a healthy diet, such as This product contains added sugars. The Dietary Guidelines for Americans recommend to avoid food and beverages with added sugars for children younger than 24 months of age. ; and (ii) not contain any statement suggesting a recommended intake of such beverages, such as one cup a day.", "id": "H700F32F5B45E4786B01908B8E2762924", "header": "Infant and toddler beverages", "nested": [], "links": [] }, { "text": "15. Formatting of information on principal display panels \nThe Secretary of Health and Human Services shall— (1) not later than 2 years after the date of enactment of this Act, conduct a study on the legibility of food labeling to determine updated recommendations for text size and color contrast that make food labeling information visually accessible to the majority of consumers; (2) not later than 1 year after the completion of the study under paragraph (1), issue proposed regulations revising section 101.2(c) of title 21, Code of Federal Regulations, to— (A) set the scale of text size, taking into consideration the results of the study conducted under paragraph (1); and (B) establish new requirements for text and background color contrast, taking into consideration the results of the study conducted under paragraph (1); and (3) not later than 2 years after the completion of the study under paragraph (1), finalize such proposed regulations.", "id": "H2DAE8BF21654450BA6225D0FC9D6ECEA", "header": "Formatting of information on principal display panels", "nested": [], "links": [] }, { "text": "16. Sale of food online \n(a) In general \nSection 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 13, is further amended by adding at the end the following: (ii) (1) If it is a food offered for sale online or by other remote written electronic means, unless all information required to appear on the label or labeling is available to consumers at the point of selection prior to purchasing the food. (2) The Secretary shall by regulation specify the format and manner in which the information required under subparagraph (1) is to be made available online to consumers. Such regulations shall include— (A) a requirement that the nutrition information shall be in the same format as the nutrition information required under paragraph (q); and (B) a requirement that the nutrition information required under paragraph (q), the ingredient information required under paragraphs (g) and (i), and the allergen information required under paragraph (w) shall— (i) appear on the first product information page that appears for the product on a mobile device, internet website, or other landing page; (ii) appear prominently and conspicuously (as compared with other words, statements, or designs on the mobile device, internet website, or other landing page) so as to render the information likely to be read and understood by the ordinary individual under customary conditions of online purchase; and (iii) not contain intervening marketing information.. (b) Prohibited acts \n(1) In general \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (jjj) In the case of a person providing a platform for, or otherwise assisting, the sale of food online or by other remote written electronic means, the prevention by the person of the provision to consumers of information required under section 403(z) or the charging by such person of an additional fee for the provision of such information.. (2) Penalties \nSection 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) is amended by adding at the end the following: (h) (1) Notwithstanding subsection (a), any person who violates section 301(jjj) shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding. (2) The Secretary shall provide the person subject to a penalty under paragraph (1) with a warning and opportunity to correct the violation prior to issuing the first civil penalty under that paragraph. (3) In determining the amount of a civil penalty under paragraph (1), the Secretary shall take into consideration whether the person is making efforts to correct the violation for which such person is subject to such civil penalty. (4) No person shall be subject to criminal penalties as described in subsection (a) for a violation of section 301(jjj).. (c) Civil monetary penalties for violation of requirements for sale of food online \nSection 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) (as amended by subsection (b)(2)) is amended by adding at the end the following: (i) (1) Notwithstanding subsection (a), any person who introduces into interstate commerce, delivers for introduction into interstate commerce, receives in interstate commerce, or manufactures a food that is misbranded as described in section 403(z), or misbrands the food as described in that section, shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding. (2) The Secretary shall provide the person subject to a penalty under paragraph (1) with a warning and opportunity to correct the violation prior to issuing the first civil penalty under that paragraph. (3) In determining the amount of a civil penalty under paragraph (1), the Secretary shall take into consideration whether the person is making efforts to correct the violation for which such person is subject to such civil penalty. (4) No person shall be subject to criminal penalties as described in subsection (a) for a violation described in paragraph (1)..", "id": "HCD4B8F4F3C9E49B5A42B7E19E30542E0", "header": "Sale of food online", "nested": [ { "text": "(a) In general \nSection 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 13, is further amended by adding at the end the following: (ii) (1) If it is a food offered for sale online or by other remote written electronic means, unless all information required to appear on the label or labeling is available to consumers at the point of selection prior to purchasing the food. (2) The Secretary shall by regulation specify the format and manner in which the information required under subparagraph (1) is to be made available online to consumers. Such regulations shall include— (A) a requirement that the nutrition information shall be in the same format as the nutrition information required under paragraph (q); and (B) a requirement that the nutrition information required under paragraph (q), the ingredient information required under paragraphs (g) and (i), and the allergen information required under paragraph (w) shall— (i) appear on the first product information page that appears for the product on a mobile device, internet website, or other landing page; (ii) appear prominently and conspicuously (as compared with other words, statements, or designs on the mobile device, internet website, or other landing page) so as to render the information likely to be read and understood by the ordinary individual under customary conditions of online purchase; and (iii) not contain intervening marketing information..", "id": "H7DF9C397AFBA4F48B997617D18C5EC2E", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 343", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] }, { "text": "(b) Prohibited acts \n(1) In general \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (jjj) In the case of a person providing a platform for, or otherwise assisting, the sale of food online or by other remote written electronic means, the prevention by the person of the provision to consumers of information required under section 403(z) or the charging by such person of an additional fee for the provision of such information.. (2) Penalties \nSection 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) is amended by adding at the end the following: (h) (1) Notwithstanding subsection (a), any person who violates section 301(jjj) shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding. (2) The Secretary shall provide the person subject to a penalty under paragraph (1) with a warning and opportunity to correct the violation prior to issuing the first civil penalty under that paragraph. (3) In determining the amount of a civil penalty under paragraph (1), the Secretary shall take into consideration whether the person is making efforts to correct the violation for which such person is subject to such civil penalty. (4) No person shall be subject to criminal penalties as described in subsection (a) for a violation of section 301(jjj)..", "id": "H17B01833B37240EC87AF9CE7DF91A26B", "header": "Prohibited acts", "nested": [], "links": [ { "text": "21 U.S.C. 331", "legal-doc": "usc", "parsable-cite": "usc/21/331" }, { "text": "21 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/21/333" } ] }, { "text": "(c) Civil monetary penalties for violation of requirements for sale of food online \nSection 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) (as amended by subsection (b)(2)) is amended by adding at the end the following: (i) (1) Notwithstanding subsection (a), any person who introduces into interstate commerce, delivers for introduction into interstate commerce, receives in interstate commerce, or manufactures a food that is misbranded as described in section 403(z), or misbrands the food as described in that section, shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding. (2) The Secretary shall provide the person subject to a penalty under paragraph (1) with a warning and opportunity to correct the violation prior to issuing the first civil penalty under that paragraph. (3) In determining the amount of a civil penalty under paragraph (1), the Secretary shall take into consideration whether the person is making efforts to correct the violation for which such person is subject to such civil penalty. (4) No person shall be subject to criminal penalties as described in subsection (a) for a violation described in paragraph (1)..", "id": "HCA47E18F77D84AF7ACE5F1DD0431054C", "header": "Civil monetary penalties for violation of requirements for sale of food online", "nested": [], "links": [ { "text": "21 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/21/333" } ] } ], "links": [ { "text": "21 U.S.C. 343", "legal-doc": "usc", "parsable-cite": "usc/21/343" }, { "text": "21 U.S.C. 331", "legal-doc": "usc", "parsable-cite": "usc/21/331" }, { "text": "21 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/21/333" }, { "text": "21 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/21/333" } ] }, { "text": "17. Definitions \n(a) Definitions applicable in this Act \nIn this Act, the terms food and dietary supplement have the meanings given to such terms in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (b) Definitions applicable in the Federal Food, Drug, and Cosmetic Act \nSection 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended by adding at the end the following: (tt) The term artificial , with respect to food or any ingredient of food, means— (1) food or an ingredient that is synthetically produced whether or not it has the same chemical structure as a naturally occurring food or ingredient; (2) food or an ingredient that has undergone chemical changes through the introduction of synthetic chemicals or processing aids (such as corn syrup, high-fructose corn syrup, high-maltose corn syrup, maltodextrin, chemically modified starch, and cocoa processed with alkali), excluding— (A) food or an ingredient that has undergone traditional processes used to make food edible, to preserve food, or to make food safe for human consumption (such as smoking, roasting, freezing, drying, and fermenting processes); or (B) food or an ingredient that has undergone traditional physical processes that do not fundamentally alter the raw product or which only separate a whole intact food into component parts (such as grinding grains, separating eggs into albumen and yolk, or pressing fruits to produce juice); or (3) any food or ingredient that the Secretary specifies by regulation to be artificial for purposes of this Act. (uu) The term synthetic , with respect to a substance in food or any ingredient of food, means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from a naturally occurring plant, animal, or mineral source, except that such term does not apply to a substance created by naturally occurring biological processes. (vv) The term gluten-containing grains means any one of the following grains (or any crossbred hybrid thereof): (1) Wheat, including any species belonging to the genus Triticum. (2) Rye, including any species belonging to the genus Secale. (3) Barley, including any species belonging to the genus Hordeum. (ww) The term gluten means the proteins that— (1) naturally occur in a gluten-containing grain; and (2) may cause adverse health effects in persons with celiac disease. (xx) The term online means on or by any system of data communication and transmission, such as the internet. (yy) The term online point of selection means any space in which consumers are allowed to purchase food online, including websites, e-commerce platforms, web applications, and mobile applications..", "id": "H2B8CB35D527C4153899B71B22F0484C0", "header": "Definitions", "nested": [ { "text": "(a) Definitions applicable in this Act \nIn this Act, the terms food and dietary supplement have the meanings given to such terms in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ).", "id": "HD6C694019B6F40B3AA09C63DCFEF903E", "header": "Definitions applicable in this Act", "nested": [], "links": [ { "text": "21 U.S.C. 321", "legal-doc": "usc", "parsable-cite": "usc/21/321" } ] }, { "text": "(b) Definitions applicable in the Federal Food, Drug, and Cosmetic Act \nSection 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended by adding at the end the following: (tt) The term artificial , with respect to food or any ingredient of food, means— (1) food or an ingredient that is synthetically produced whether or not it has the same chemical structure as a naturally occurring food or ingredient; (2) food or an ingredient that has undergone chemical changes through the introduction of synthetic chemicals or processing aids (such as corn syrup, high-fructose corn syrup, high-maltose corn syrup, maltodextrin, chemically modified starch, and cocoa processed with alkali), excluding— (A) food or an ingredient that has undergone traditional processes used to make food edible, to preserve food, or to make food safe for human consumption (such as smoking, roasting, freezing, drying, and fermenting processes); or (B) food or an ingredient that has undergone traditional physical processes that do not fundamentally alter the raw product or which only separate a whole intact food into component parts (such as grinding grains, separating eggs into albumen and yolk, or pressing fruits to produce juice); or (3) any food or ingredient that the Secretary specifies by regulation to be artificial for purposes of this Act. (uu) The term synthetic , with respect to a substance in food or any ingredient of food, means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from a naturally occurring plant, animal, or mineral source, except that such term does not apply to a substance created by naturally occurring biological processes. (vv) The term gluten-containing grains means any one of the following grains (or any crossbred hybrid thereof): (1) Wheat, including any species belonging to the genus Triticum. (2) Rye, including any species belonging to the genus Secale. (3) Barley, including any species belonging to the genus Hordeum. (ww) The term gluten means the proteins that— (1) naturally occur in a gluten-containing grain; and (2) may cause adverse health effects in persons with celiac disease. (xx) The term online means on or by any system of data communication and transmission, such as the internet. (yy) The term online point of selection means any space in which consumers are allowed to purchase food online, including websites, e-commerce platforms, web applications, and mobile applications..", "id": "H8279A61C1FFF42E8B573F025E848DDFA", "header": "Definitions applicable in the Federal Food, Drug, and Cosmetic Act", "nested": [], "links": [ { "text": "21 U.S.C. 321", "legal-doc": "usc", "parsable-cite": "usc/21/321" } ] } ], "links": [ { "text": "21 U.S.C. 321", "legal-doc": "usc", "parsable-cite": "usc/21/321" }, { "text": "21 U.S.C. 321", "legal-doc": "usc", "parsable-cite": "usc/21/321" } ] }, { "text": "18. Regulations; delayed applicability \n(a) Regulations \n(1) Proposed regulations \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue proposed regulations to carry out sections 2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) and the amendments made by such sections. (2) Final regulations \nNot later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall finalize the regulations proposed pursuant to paragraph (1). (3) Failure to issue final regulation \nIf the Secretary of Health and Human Services does not issue a final regulation as required by paragraph (2) by the deadline specified in such paragraph, the corresponding proposed regulation shall become final on such deadline. (b) Delayed applicability \nThe amendments made by sections 2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) apply beginning on the date that is 3 years after the date of enactment of this Act.", "id": "H1F773993061C4D5AAEECCB59EDA1C5CB", "header": "Regulations; delayed applicability", "nested": [ { "text": "(a) Regulations \n(1) Proposed regulations \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue proposed regulations to carry out sections 2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) and the amendments made by such sections. (2) Final regulations \nNot later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall finalize the regulations proposed pursuant to paragraph (1). (3) Failure to issue final regulation \nIf the Secretary of Health and Human Services does not issue a final regulation as required by paragraph (2) by the deadline specified in such paragraph, the corresponding proposed regulation shall become final on such deadline.", "id": "HB310153B57714635AD5D320272033E2C", "header": "Regulations", "nested": [], "links": [] }, { "text": "(b) Delayed applicability \nThe amendments made by sections 2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) apply beginning on the date that is 3 years after the date of enactment of this Act.", "id": "HC577F7464638412B8BEF22CE6E3FEF02", "header": "Delayed applicability", "nested": [], "links": [] } ], "links": [] } ]
19
1. Short title; table of contents (a) Short title This Act may be cited as the Food Labeling Modernization 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. Additional requirements for front-of-package labeling for foods. Sec. 3. Claims for conventional foods. Sec. 4. Use of specific terms. Sec. 5. Format of ingredient list. Sec. 6. Declaration of phosphorus in the ingredient list. Sec. 7. Caffeine content on information panel. Sec. 8. Food allergen labeling. Sec. 9. Information about major food allergens and gluten-containing grains. Sec. 10. Submission and availability of food label information. Sec. 11. Standards of identity. Sec. 12. Study on fortification of corn masa flour. Sec. 13. Sugar alcohols and isolated fibers. Sec. 14. Infant and toddler beverages. Sec. 15. Formatting of information on principal display panels. Sec. 16. Sale of food online. Sec. 17. Definitions. Sec. 18. Regulations; delayed applicability. 2. Additional requirements for front-of-package labeling for foods (a) Interpretive nutrition information Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) (1) Except as provided in subparagraphs (3), (4), and (5) of paragraph (q), if it is food (other than a dietary supplement) intended for human consumption and is offered for sale and otherwise required to bear nutrition labeling, unless its principal display panel bears interpretive nutrition information. (2) Final regulations regarding the interpretive nutrition information required under subparagraph (1) shall meet the following criteria: (A) There shall be a standardized symbol system that displays calorie information related to the serving size determined under paragraph (q)(1)(A), and interpretive nutrition information related to the content of added sugars, sodium, saturated fat, and any other nutrients that the Secretary determines the highlighting of which will assist consumers in maintaining healthy dietary practices, including by highlighting products containing high levels of such nutrients. (B) The system shall clearly distinguish between products of greater or lesser nutritional value. (C) The information shall— (i) appear in a consistent location on the principal display panels across products; (ii) have a prominent design that visually contrasts with existing packaging design; and (iii) be sufficiently large to be easily legible. (3) In promulgating regulations regarding the interpretive nutrition information required under subparagraph (1) and the standardized symbol system required under subparagraph (2)(A), the Secretary shall take into account published reports by the Health and Medicine Division of the National Academy of Sciences, Engineering, and Medicine regarding interpretive nutrition information, and base regulations on the following principles: (A) Consumers should be able to quickly and easily comprehend the meaning of the system as an indicator of a product’s contribution to a healthy diet without requiring specific or sophisticated nutritional knowledge. (B) The nutrition information should be consistent with the Nutrition Facts Panel and with the recommendations of the Dietary Guidelines for Americans. (C) The information should aim to facilitate consumer selection of healthy product options, including among nutritionally at-risk subpopulations. (4) The Secretary should periodically evaluate the standardized symbol system required under subparagraph (2)(A) to assess its effectiveness in facilitating consumer selection of healthy product options and the extent to which manufacturers are offering healthier products as a result of the disclosure. (5) The implementation of this paragraph should be accompanied by appropriate consumer education and promotion campaigns determined by the Secretary.. (b) Percentage of wheat and grains in grain-Based products, and amount of real fruit, vegetable, and yogurt in products bearing fruit, vegetable, and yogurt claims Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (a), is further amended by adding at the end the following: (aa) If, in the case of food other than a dietary supplement, the principal display panel bears— (1) the term whole wheat , whole grain , made with whole grain , or multigrain ; (2) a declaration of the whole grain content by weight; (3) the term wheat on a wheat bread, pasta, or similar product that is typically made from wheat; or (4) any similar descriptive phrases, terms, or representations suggesting the product contains whole grains, unless the amounts of whole grains and refined grains, expressed as a percentage of total grains, are conspicuously disclosed in immediate proximity to the most prominent descriptive phrase, term, or representation using a font color and formatting of equivalent prominence to the descriptive phrase, term, or representation with respect to whole grain content, or unless 100 percent of the grains in the food are whole grains. (bb) (1) If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the term fruit , fruity , froot , frooty , or fruit-flavored ; (B) representations, depictions, or images of such ingredients; or (C) any similar descriptive phrases, terms, or representations suggesting the product contains fruit or any specific type of fruit, unless the quantity per serving and form of fruit, including only the nutrient-dense forms, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of fruit. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of fruit. (3) In this paragraph, the term nutrient-dense , with respect to the form of an ingredient derived from a fruit, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. (cc) (1) If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the term vegetable or veggie ; (B) representations, depictions, or images of such ingredients; or (C) any similar descriptive phrases, terms, or representations suggesting the product contains vegetables or any specific type of vegetable, unless the quantity per serving and form of vegetable, including only the nutrient-dense form, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of vegetable. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of vegetable. (3) In this paragraph, the term nutrient-dense , with respect to the form of an ingredient derived from a vegetable, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. (dd) (1) If, in the case of food other than a dietary supplement, the principal display panel bears the term yogurt , unless— (A) the quantity per serving of yogurt is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, in immediate proximity to the term; or (B) the first ingredient is cultured milk, cultured cream, cultured partially skimmed milk, or cultured skim milk. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of yogurt.. (c) Coloring and flavoring Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b), is further amended by adding at the end the following: (ee) If, in the case of food other than a dietary supplement, it bears or contains any artificial dye, or any added artificial or natural flavoring, unless such fact is prominently stated on the principal display panel of the packaging of the food. For the purposes of this paragraph, the term artificial dye refers to a batch-certified dye certified under part 74 of title 21, Code of Federal Regulations (or any successor regulations).. (d) Sweeteners (1) In general Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (c), is further amended by adding at the end the following: (ff) If, in the case of food other than a dietary supplement, it bears or contains any added artificial or natural noncaloric sweetener, unless such fact is prominently stated on the principal display panel of the packaging of the food.. (2) Report (A) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary ) shall submit to Congress a report that— (i) evaluates whether— (I) manufacturers have increased the use of low- and no-calorie sweeteners; and (II) the use of low- and no-calorie sweeteners has risen to a level that could result in negative health consequences; and (ii) describes actions that will be taken by the Secretary to address any increased use of low- and no-calorie sweeteners. (B) Monitoring On completion of the report described in subparagraph (A), the Secretary shall— (i) periodically monitor for increased use of low- and no-calorie sweeteners; and (ii) take action to address the use of low- and no-calorie sweeteners if the use has risen to a level that could result in negative health consequences. (e) Construction Nothing in this section, including any amendment made by this section, shall be construed as— (1) affecting any requirement in regulation in effect as of the date of the enactment of this Act with respect to matters that are required to be stated on the principal display panel of a package or container of food that is not required by an amendment made by this section; or (2) restricting the authority of the Secretary of Health and Human Services to require additional information be disclosed on such a principal display panel. 3. Claims for conventional foods (a) Health-Related claims (1) In general Section 403(r)(1)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(1)(B) ) is amended by inserting after health-related condition the following: , describes the effect that a nutrient may have on the structure or function of the human body, characterizes the documented mechanism by which that nutrient acts to maintain such structure or function, or describes general well-being from consumption of that nutrient,. (2) Substantiation of claim Section 403(r) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r) ) is amended— (A) by redesignating subparagraph (7) as subparagraph (8); and (B) by inserting after subparagraph (6) the following: (7) If the Secretary requests that a claim under subparagraph (1)(B) for food (other than a dietary supplement) be substantiated, then not later than 90 days after the date on which the Secretary makes such request, the manufacturer shall provide to the Secretary all documentation in the manufacturer's possession relating to the claim.. (3) Incompatible with maintaining healthy dietary practices Section 403(r)(3)(A)(ii) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2)(B) ) is amended by striking increases to persons in the general population the risk of a disease or health-related condition which is diet related and inserting may not be compatible with maintaining healthy dietary practices. (b) Nutrient content claims (1) In general Section 403(r)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2) ) is amended by striking clause (B) and inserting the following: (B) If a claim described in subparagraph (1)(A) is made with respect to a nutrient in a food and the Secretary makes a determination that the food contains a nutrient at a level that may not be compatible with maintaining healthy dietary practices, the label or labeling of such food shall contain, prominently and in immediate proximity to such claim, a statement which indicates the food is high in such nutrient.. (2) Revisions to regulations In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise section 101.13(h) of title 21, Code of Federal Regulations, by— (A) updating the level of sodium requiring disclosure to align with the Daily Reference Value for sodium established in the final rule entitled Food Labeling: Revision of the Nutrition and Supplement Facts Labels published by the Food and Drug Administration on May 27, 2016 (81 Fed. Reg. 33741); (B) including a level of added sugars requiring disclosure based on the Daily Reference Value for added sugars established in the final rule described in subparagraph (A); (C) eliminating the requirement that meal products containing more than 26 grams of fat and main dish products containing 19.5 grams of fat per labeled serving must disclose that fat is present in the food; and (D) authorizing the use of express and implied low added sugar claims on products containing 3 grams of added sugars or less per reference amount customarily consumed (or per 50 grams if the reference amount customarily consumed is 30 grams or less or 2 tablespoons or less). (c) Trans fats Section 403(r)(2)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2)(A) ) is amended— (1) by redesignating subclauses (v) and (vi) as subclauses (vi) and (vii), respectively; and (2) by inserting after subclause (iv) the following new subclause: (v) may not be made with respect to the level of trans fats in the food, except on the Nutrition Facts Panel, unless the food contains less than one gram of saturated fat per serving or, if the food contains more than one gram of saturated fat per serving, unless the label or labeling of the food discloses the level of saturated fat in the food in immediate proximity to such claim and with appropriate prominence which shall be no less than one-half the size of the claim with respect to the level of trans fats,. (d) Added sugars Not more than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate a final rule revising section 101.14 of title 21, Code of Federal Regulations, to include a disqualifying nutrient level for added sugars. 4. Use of specific terms (a) Use of the term natural (1) In general In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include regulations— (A) relating to use of the term natural on the labeling of food (other than a dietary supplement); (B) specifically addressing the use of such term on the principal display panel and the information panel; and (C) requiring that any such use includes a prominent disclosure explaining what the term natural does and does not mean in terms of ingredients and manufacturing processes. (2) Definition The regulations promulgated pursuant to paragraph (1) shall define the term natural — (A) to exclude, at a minimum, the use of any artificial food or ingredient (including any artificial flavor or added color); and (B) based on data, including data on consumers’ understanding of the term as used in connection with food. (3) Process In promulgating the regulations required by paragraph (1), the Secretary of Health and Human Services shall— (A) conduct consumer surveys and studies and issue a timely call for relevant public submissions regarding relevant consumer research, including with respect to consumer understanding of the term natural in relation to the term organic ; and (B) fully consider the results of such surveys and studies, as well as such public submissions. (b) Use of term healthy (1) Added sugars and whole grains (A) In general In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include regulations to revise the regulations under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) relating to the use of the term healthy on the labeling of a food (other than a dietary supplement) to take into account the extent to which such food contains added sugars or whole grains. (B) Requirement In making the revisions required by subparagraph (A) in the case of a food (other than a dietary supplement) that contains grains, the Secretary of Health and Human Services shall not consider the food to be healthy unless 100 percent of the grains are whole grains. (2) Sodium In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise the regulations under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) relating to the use of the term healthy on the labeling of a food (other than a dietary supplement) to align labeling requirements related to sodium with the daily value for sodium in the most recent Dietary Guidelines for Americans. (3) Principles for implementing regulations In promulgating regulations under paragraphs (1) and (2) regarding the use of the term healthy , the Secretary of Health and Human Services shall— (A) consider both food and nutrient criteria; and (B) if requiring food labeled as healthy to contain healthful ingredients— (i) consider only ingredients that make up the core of a healthy eating pattern; and (ii) consider these ingredients only in their nutrient-dense forms (as such term in defined in paragraphs (bb) and (cc) of section 403 of the Federal Food, Drug, and Cosmetic Act, as added by section 2(b) of this Act). 5. Format of ingredient list (a) In general In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include requirements for the format of the information required under section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) )— (1) for the purpose of improving the readability of such information on the label of the food (other than a dietary supplement); and (2) that are, as determined by the Secretary, necessary to assist consumers in maintaining healthy dietary practices. (b) Format requirements The format requirements described in subsection (a) shall include requirements for font size, uppercase and lowercase characters, serif and noncondensed font types, high-contrast between text and background, and bullet points between adjacent ingredients with appropriate exemptions for small packages or other considerations. (c) Enforcement of ingredient list Not later than 2 years after the enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the Secretary’s enforcement of— (1) section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) ), including with respect to the regulations described in subsection (a); and (2) regulations of the Food and Drug Administration on labeling of ingredients in section 101.4 of title 21, Code of Federal Regulations. 6. Declaration of phosphorus in the ingredient list Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 2(d), is further amended by adding at the end the following: (gg) If it is a food intended for human consumption that is offered for sale and contains phosphorus, unless— (1) the phrase contains phosphorus , along with the quantity of phosphorus in the product, reported in milligrams per serving, is printed immediately after or is adjacent to the list of ingredients required under paragraphs (g) and (i), in a type size no smaller than the type size used in the list of ingredients; or (2) the quantity of phosphorus contained in the product, in milligrams, is reported in the Nutrition Facts Panel.. 7. Caffeine content on information panel Section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) ) is amended— (1) by striking and (2) and inserting (2) ; (2) by striking and if the food purports and inserting , (3) if the food purports ; and (3) by inserting , and (4) if the food is food other than a dietary supplement and contains at least 10 milligrams of caffeine from all sources per serving, a statement (with appropriate prominence near the statement of ingredients required by this paragraph) of the number of milligrams of caffeine contained in one serving of the food and the size of such serving after vegetable juice contained in the food. 8. Food allergen labeling (a) In general Section 201(qq) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(qq) ) is amended by adding at the end the following: (3) Any other food ingredient that the Secretary determines by regulation to be a major food allergen, based on the prevalence and severity of allergic reactions to the food ingredient.. (b) Update to Compliance Policy Guide Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall update the Food and Drug Administration's Compliance Policy Guide, section 555.250, to conform with applicable laws related to major food allergens and gluten-containing grains, including requirements under sections 9 and 10 of this Act. 9. Information about major food allergens and gluten-containing grains (a) In general Section 403(w) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(w) ) is amended— (1) in subparagraph (1)(A), by striking is printed immediately after or is adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under subsections (g) and (i) and inserting is printed as specified in subparagraph (8) ; (2) in subparagraph (1)(B), by striking in the list of ingredients required under subsections (g) and (i) and inserting as so printed ; (3) in subparagraph (3), by striking The information and inserting Subject to subparagraph (8)(B), the information ; (4) by adding at the end the following: (8) The information required by subparagraph (1) to be conveyed to the consumer shall be— (A) printed immediately after or adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under paragraphs (g) and (i); or (B) in the case of a nonpackaged food being offered for sale at retail, and not subject to the requirements of paragraphs (g) and (i), placed on a sign adjacent to the food (in a type size no smaller than the name of the food item). ; (5) by inserting or gluten-containing grain after food allergen each place it appears in subparagraphs (1), (2), (4), and (7); and (6) in subparagraph (7)(A)— (A) by striking paragraph (6) and inserting subparagraph (6) ; and (B) by striking allergen labeling requirements of this subsection and inserting allergen and gluten-containing grain labeling requirements of this paragraph. (b) Hazard analysis and preventive controls Section 418 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350g ) is amended— (1) in subsection (b)(1)(A), by inserting gluten-containing grains, after allergens, ; and (2) in subsection (o)(3)(D), by inserting and gluten-containing grain after allergen,. (c) Inspections relating to food allergens Section 205 of the Food Allergen Labeling and Consumer Protection Act of 2004 ( 21 U.S.C. 374a ) is amended by inserting and gluten-containing grains, after allergens each place it appears. 10. Submission and availability of food label information The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 403C of such Act ( 21 U.S.C. 343–3 ) the following: 403D. Submission and availability of food label information (a) Submissions (1) Requirement The Secretary shall require the manufacturer or importer of any food that is introduced or delivered for introduction into interstate commerce in package form to submit to the Secretary all information to be included in the label of the food, including— (A) the nutrition facts panel; (B) the ingredients list; (C) an image of the principal display panel; (D) major allergens and gluten-containing grains; (E) claims under section 403(r)(1)(A) (commonly known as nutrient-content claims ); (F) claims under section 403(r)(1)(B) (commonly known as health-related claims ); and (G) other relevant information required by law to be published in the labeling of the food. (2) Updates The Secretary shall require the manufacturer or importer of food to update or supplement the information submitted under paragraph (1) with respect to the food in order to keep the information up-to-date and complete. (3) Civil penalty Whoever knowingly violates paragraph (1) with respect to any food shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such violation continues with respect to such food. (b) Public database The Secretary shall establish and maintain a public database containing the information submitted under this section that— (1) is available to the public through the website of the Food and Drug Administration; and (2) allows members of the public to easily search and sort information.. 403D. Submission and availability of food label information (a) Submissions (1) Requirement The Secretary shall require the manufacturer or importer of any food that is introduced or delivered for introduction into interstate commerce in package form to submit to the Secretary all information to be included in the label of the food, including— (A) the nutrition facts panel; (B) the ingredients list; (C) an image of the principal display panel; (D) major allergens and gluten-containing grains; (E) claims under section 403(r)(1)(A) (commonly known as nutrient-content claims ); (F) claims under section 403(r)(1)(B) (commonly known as health-related claims ); and (G) other relevant information required by law to be published in the labeling of the food. (2) Updates The Secretary shall require the manufacturer or importer of food to update or supplement the information submitted under paragraph (1) with respect to the food in order to keep the information up-to-date and complete. (3) Civil penalty Whoever knowingly violates paragraph (1) with respect to any food shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such violation continues with respect to such food. (b) Public database The Secretary shall establish and maintain a public database containing the information submitted under this section that— (1) is available to the public through the website of the Food and Drug Administration; and (2) allows members of the public to easily search and sort information. 11. Standards of identity (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall— (1) review standards of identity prescribed by regulation which require foods to contain— (A) minimum levels of nutrients that the Secretary determines are strongly associated with public health concerns; or (B) minimum levels of ingredients containing high levels of such nutrients; and (2) report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the findings of such review. (b) Amendments In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall amend standards of identity regulations to— (1) provide for the use of salt substitutes where appropriate; and (2) require that yogurt, lowfat yogurt, and nonfat yogurt contain a minimum level of live and active cultures per gram. 12. Study on fortification of corn masa flour Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the effect of the final rule titled Food Additives Permitted for Direct Addition to Food for Human Consumption; Folic Acid published by the Food and Drug Administration on April 15, 2016 (81 Fed. Reg. 22176), on folic acid intake in the United States population by race and ethnicity, comparing actual exposure with modeled exposure estimates from the final rule. 13. Sugar alcohols and isolated fibers Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 6, is further amended by adding at the end the following: (hh) If it is a food intended for human consumption that is offered for sale and contains allulose, polydextrose, sugar alcohols, or isolated fibers, unless such fact is prominently stated on the principal display panel of the packaging of the food. The Secretary shall by regulation establish quantities above which such labeling shall include a warning that the food contains a level of allulose, polydextrose, sugar alcohols, or isolated fibers per serving determined by the Secretary to cause deleterious health effects.. 14. Infant and toddler beverages In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise— (1) section 101.3 of title 21, Code of Federal Regulations, to prohibit any beverage in powder or liquid form, other than infant formula, represented or purported to be for use by children more than 12 months old, from being identified as infant formula or use the term formula in combination with any other term; and (2) part 102 of title 21, Code of Federal Regulations, so that— (A) in the case of any powdered or liquid milk-based beverage that claims to be for consumption by children 12 to 36 months of age, such beverage shall— (i) use as its common or usual name a descriptive term such as milk-based drink ; and (ii) if the beverage contains added sugars, nonnutritive sweeteners, or flavorings, include in such common or usual name a qualifying term such as sweetened or flavored ; (B) in the case of any powdered or liquid nondairy-milk-based beverage that claims to be for consumption by children 12 to 36 months of age, such beverage shall— (i) use as its common or usual name an appropriately descriptive term identifying the source of protein, such as soy-based drink powder for 12–36 month olds ; and (ii) if the beverage contains added sugars, nonnutritive sweeteners, or flavorings, include in such common or usual name qualifying terms such as sweetened and flavored when applicable; and (C) the labeling of a beverage described in subparagraph (A) or (B) shall— (i) contain a disclaimer that— (I) cautions against consumption of the beverage by infants, such as DO NOT SERVE TO INFANTS UNDER 12 MONTHS OLD ; and (II) such beverages are not recommended for children 12 to 24 months of age and such consumption of such beverages is not required for a healthy diet, such as This product contains added sugars. The Dietary Guidelines for Americans recommend to avoid food and beverages with added sugars for children younger than 24 months of age. ; and (ii) not contain any statement suggesting a recommended intake of such beverages, such as one cup a day. 15. Formatting of information on principal display panels The Secretary of Health and Human Services shall— (1) not later than 2 years after the date of enactment of this Act, conduct a study on the legibility of food labeling to determine updated recommendations for text size and color contrast that make food labeling information visually accessible to the majority of consumers; (2) not later than 1 year after the completion of the study under paragraph (1), issue proposed regulations revising section 101.2(c) of title 21, Code of Federal Regulations, to— (A) set the scale of text size, taking into consideration the results of the study conducted under paragraph (1); and (B) establish new requirements for text and background color contrast, taking into consideration the results of the study conducted under paragraph (1); and (3) not later than 2 years after the completion of the study under paragraph (1), finalize such proposed regulations. 16. Sale of food online (a) In general Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 13, is further amended by adding at the end the following: (ii) (1) If it is a food offered for sale online or by other remote written electronic means, unless all information required to appear on the label or labeling is available to consumers at the point of selection prior to purchasing the food. (2) The Secretary shall by regulation specify the format and manner in which the information required under subparagraph (1) is to be made available online to consumers. Such regulations shall include— (A) a requirement that the nutrition information shall be in the same format as the nutrition information required under paragraph (q); and (B) a requirement that the nutrition information required under paragraph (q), the ingredient information required under paragraphs (g) and (i), and the allergen information required under paragraph (w) shall— (i) appear on the first product information page that appears for the product on a mobile device, internet website, or other landing page; (ii) appear prominently and conspicuously (as compared with other words, statements, or designs on the mobile device, internet website, or other landing page) so as to render the information likely to be read and understood by the ordinary individual under customary conditions of online purchase; and (iii) not contain intervening marketing information.. (b) Prohibited acts (1) In general Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (jjj) In the case of a person providing a platform for, or otherwise assisting, the sale of food online or by other remote written electronic means, the prevention by the person of the provision to consumers of information required under section 403(z) or the charging by such person of an additional fee for the provision of such information.. (2) Penalties Section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) is amended by adding at the end the following: (h) (1) Notwithstanding subsection (a), any person who violates section 301(jjj) shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding. (2) The Secretary shall provide the person subject to a penalty under paragraph (1) with a warning and opportunity to correct the violation prior to issuing the first civil penalty under that paragraph. (3) In determining the amount of a civil penalty under paragraph (1), the Secretary shall take into consideration whether the person is making efforts to correct the violation for which such person is subject to such civil penalty. (4) No person shall be subject to criminal penalties as described in subsection (a) for a violation of section 301(jjj).. (c) Civil monetary penalties for violation of requirements for sale of food online Section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) (as amended by subsection (b)(2)) is amended by adding at the end the following: (i) (1) Notwithstanding subsection (a), any person who introduces into interstate commerce, delivers for introduction into interstate commerce, receives in interstate commerce, or manufactures a food that is misbranded as described in section 403(z), or misbrands the food as described in that section, shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding. (2) The Secretary shall provide the person subject to a penalty under paragraph (1) with a warning and opportunity to correct the violation prior to issuing the first civil penalty under that paragraph. (3) In determining the amount of a civil penalty under paragraph (1), the Secretary shall take into consideration whether the person is making efforts to correct the violation for which such person is subject to such civil penalty. (4) No person shall be subject to criminal penalties as described in subsection (a) for a violation described in paragraph (1).. 17. Definitions (a) Definitions applicable in this Act In this Act, the terms food and dietary supplement have the meanings given to such terms in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (b) Definitions applicable in the Federal Food, Drug, and Cosmetic Act Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended by adding at the end the following: (tt) The term artificial , with respect to food or any ingredient of food, means— (1) food or an ingredient that is synthetically produced whether or not it has the same chemical structure as a naturally occurring food or ingredient; (2) food or an ingredient that has undergone chemical changes through the introduction of synthetic chemicals or processing aids (such as corn syrup, high-fructose corn syrup, high-maltose corn syrup, maltodextrin, chemically modified starch, and cocoa processed with alkali), excluding— (A) food or an ingredient that has undergone traditional processes used to make food edible, to preserve food, or to make food safe for human consumption (such as smoking, roasting, freezing, drying, and fermenting processes); or (B) food or an ingredient that has undergone traditional physical processes that do not fundamentally alter the raw product or which only separate a whole intact food into component parts (such as grinding grains, separating eggs into albumen and yolk, or pressing fruits to produce juice); or (3) any food or ingredient that the Secretary specifies by regulation to be artificial for purposes of this Act. (uu) The term synthetic , with respect to a substance in food or any ingredient of food, means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from a naturally occurring plant, animal, or mineral source, except that such term does not apply to a substance created by naturally occurring biological processes. (vv) The term gluten-containing grains means any one of the following grains (or any crossbred hybrid thereof): (1) Wheat, including any species belonging to the genus Triticum. (2) Rye, including any species belonging to the genus Secale. (3) Barley, including any species belonging to the genus Hordeum. (ww) The term gluten means the proteins that— (1) naturally occur in a gluten-containing grain; and (2) may cause adverse health effects in persons with celiac disease. (xx) The term online means on or by any system of data communication and transmission, such as the internet. (yy) The term online point of selection means any space in which consumers are allowed to purchase food online, including websites, e-commerce platforms, web applications, and mobile applications.. 18. Regulations; delayed applicability (a) Regulations (1) Proposed regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue proposed regulations to carry out sections 2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) and the amendments made by such sections. (2) Final regulations Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall finalize the regulations proposed pursuant to paragraph (1). (3) Failure to issue final regulation If the Secretary of Health and Human Services does not issue a final regulation as required by paragraph (2) by the deadline specified in such paragraph, the corresponding proposed regulation shall become final on such deadline. (b) Delayed applicability The amendments made by sections 2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) apply beginning on the date that is 3 years after the date of enactment of this Act.
40,714
[ "Energy and Commerce Committee" ]
118hr683ih
118
hr
683
ih
To amend the Defense Production Act of 1950 to include the Secretary of Agriculture on the Committee on Foreign Investment in the United States and require review of certain agricultural transactions, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Promoting Agriculture Safeguards and Security Act of 2023 or the PASS Act of 2023.", "id": "HA2FEB139C4DD4B75938A86A21A1F4E37", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Review of agriculture-related transactions by CFIUS \n(a) In general \nSection 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ) is amended— (1) in subsection (a)— (A) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i), by striking ; and and inserting a semicolon; (II) in clause (ii), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (iii) any transaction described in clause (vi) or (vii) of subparagraph (B) proposed or pending on or after the date of the enactment of this clause. ; (ii) in subparagraph (B), by adding at the end the following: (vi) Any other investment, subject to regulations prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business that is engaged in agriculture or biotechnology related to agriculture. (vii) Subject to subparagraphs (C) and (E), the purchase or lease by, or a concession to, a foreign person of private real estate that is— (I) located in the United States; and (II) used in agriculture. ; (iii) in subparagraph (C)(i), by striking subparagraph (B)(ii) and inserting clause (ii) or (vii) of subparagraph (B) ; (iv) in subparagraph (D)— (I) in clause (i), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; (II) in clause (iii)(I), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; (III) in clause (iv)(I), by striking subparagraph (B)(iii) each place it appears and inserting clauses (iii) and (vi) of subparagraph (B) ; and (IV) in clause (v), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; and (v) in subparagraph (E), by striking clauses (ii) and (iii) and inserting clauses (ii), (iii), (iv), and (vii) ; and (B) by adding at the end the following: (14) Agriculture \nThe term agriculture has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). ; (2) in subsection (k)(2)— (A) by redesignating subparagraphs (H), (I), and (J), as subparagraphs (I), (J), and (K), respectively; and (B) by inserting after subparagraph (G) the following new subparagraph: (H) The Secretary of Agriculture. ; and (3) by adding at the end the following: (r) Prohibition with respect to agricultural companies and real estate \n(1) In general \nNotwithstanding any other provision of this section, if the Committee, in conducting a review and investigation under this section, determines that a transaction described in clause (i), (vi), or (vii) of subsection (a)(4)(B) would result in control by a covered foreign person of or investment by a covered foreign person in a United States business engaged in agriculture or private real estate used in agriculture, the President shall prohibit such transaction. (2) Waiver \nThe President may waive, on a case-by-case basis, the requirement to prohibit a transaction under paragraph (1), not less than 30 days after the President determines and reports to the relevant committees of jurisdiction that it is vital to the national security interests of the United States to waive such prohibition. (3) Defined terms \nIn this subsection: (A) Covered foreign person \nThe term covered foreign person means a person that is— (i) acting on behalf of or otherwise directed by the government of a prohibited country; (ii) a citizen of a prohibited country; (iii) an entity that— (I) is registered or organized in a prohibited country; or (II) has a principal place of business in a prohibited country; or (iv) a subsidiary of an entity described in clause (iii). (B) Prohibited country \nThe term prohibited country means any of the following: (i) The People’s Republic of China. (ii) The Russian Federation. (iii) The Islamic Republic of Iran. (iv) The Democratic People’s Republic of Korea.. (b) Report required \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the risks that foreign purchases of United States businesses engaged in agriculture (as such term is defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 )) pose to the agricultural sector of the United States.", "id": "HBCCB02C05C684D4FBFD893B7354EF282", "header": "Review of agriculture-related transactions by CFIUS", "nested": [ { "text": "(a) In general \nSection 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ) is amended— (1) in subsection (a)— (A) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i), by striking ; and and inserting a semicolon; (II) in clause (ii), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (iii) any transaction described in clause (vi) or (vii) of subparagraph (B) proposed or pending on or after the date of the enactment of this clause. ; (ii) in subparagraph (B), by adding at the end the following: (vi) Any other investment, subject to regulations prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business that is engaged in agriculture or biotechnology related to agriculture. (vii) Subject to subparagraphs (C) and (E), the purchase or lease by, or a concession to, a foreign person of private real estate that is— (I) located in the United States; and (II) used in agriculture. ; (iii) in subparagraph (C)(i), by striking subparagraph (B)(ii) and inserting clause (ii) or (vii) of subparagraph (B) ; (iv) in subparagraph (D)— (I) in clause (i), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; (II) in clause (iii)(I), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; (III) in clause (iv)(I), by striking subparagraph (B)(iii) each place it appears and inserting clauses (iii) and (vi) of subparagraph (B) ; and (IV) in clause (v), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; and (v) in subparagraph (E), by striking clauses (ii) and (iii) and inserting clauses (ii), (iii), (iv), and (vii) ; and (B) by adding at the end the following: (14) Agriculture \nThe term agriculture has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). ; (2) in subsection (k)(2)— (A) by redesignating subparagraphs (H), (I), and (J), as subparagraphs (I), (J), and (K), respectively; and (B) by inserting after subparagraph (G) the following new subparagraph: (H) The Secretary of Agriculture. ; and (3) by adding at the end the following: (r) Prohibition with respect to agricultural companies and real estate \n(1) In general \nNotwithstanding any other provision of this section, if the Committee, in conducting a review and investigation under this section, determines that a transaction described in clause (i), (vi), or (vii) of subsection (a)(4)(B) would result in control by a covered foreign person of or investment by a covered foreign person in a United States business engaged in agriculture or private real estate used in agriculture, the President shall prohibit such transaction. (2) Waiver \nThe President may waive, on a case-by-case basis, the requirement to prohibit a transaction under paragraph (1), not less than 30 days after the President determines and reports to the relevant committees of jurisdiction that it is vital to the national security interests of the United States to waive such prohibition. (3) Defined terms \nIn this subsection: (A) Covered foreign person \nThe term covered foreign person means a person that is— (i) acting on behalf of or otherwise directed by the government of a prohibited country; (ii) a citizen of a prohibited country; (iii) an entity that— (I) is registered or organized in a prohibited country; or (II) has a principal place of business in a prohibited country; or (iv) a subsidiary of an entity described in clause (iii). (B) Prohibited country \nThe term prohibited country means any of the following: (i) The People’s Republic of China. (ii) The Russian Federation. (iii) The Islamic Republic of Iran. (iv) The Democratic People’s Republic of Korea..", "id": "H378A04A0866B42A384DAF9922F269DC5", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 4565", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "29 U.S.C. 203", "legal-doc": "usc", "parsable-cite": "usc/29/203" } ] }, { "text": "(b) Report required \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the risks that foreign purchases of United States businesses engaged in agriculture (as such term is defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 )) pose to the agricultural sector of the United States.", "id": "H63470CC0FFC4484DB1EF1935C13915A7", "header": "Report required", "nested": [], "links": [ { "text": "29 U.S.C. 203", "legal-doc": "usc", "parsable-cite": "usc/29/203" } ] } ], "links": [ { "text": "50 U.S.C. 4565", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "29 U.S.C. 203", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "29 U.S.C. 203", "legal-doc": "usc", "parsable-cite": "usc/29/203" } ] } ]
2
1. Short title This Act may be cited as the Promoting Agriculture Safeguards and Security Act of 2023 or the PASS Act of 2023. 2. Review of agriculture-related transactions by CFIUS (a) In general Section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ) is amended— (1) in subsection (a)— (A) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i), by striking ; and and inserting a semicolon; (II) in clause (ii), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (iii) any transaction described in clause (vi) or (vii) of subparagraph (B) proposed or pending on or after the date of the enactment of this clause. ; (ii) in subparagraph (B), by adding at the end the following: (vi) Any other investment, subject to regulations prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business that is engaged in agriculture or biotechnology related to agriculture. (vii) Subject to subparagraphs (C) and (E), the purchase or lease by, or a concession to, a foreign person of private real estate that is— (I) located in the United States; and (II) used in agriculture. ; (iii) in subparagraph (C)(i), by striking subparagraph (B)(ii) and inserting clause (ii) or (vii) of subparagraph (B) ; (iv) in subparagraph (D)— (I) in clause (i), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; (II) in clause (iii)(I), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; (III) in clause (iv)(I), by striking subparagraph (B)(iii) each place it appears and inserting clauses (iii) and (vi) of subparagraph (B) ; and (IV) in clause (v), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; and (v) in subparagraph (E), by striking clauses (ii) and (iii) and inserting clauses (ii), (iii), (iv), and (vii) ; and (B) by adding at the end the following: (14) Agriculture The term agriculture has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). ; (2) in subsection (k)(2)— (A) by redesignating subparagraphs (H), (I), and (J), as subparagraphs (I), (J), and (K), respectively; and (B) by inserting after subparagraph (G) the following new subparagraph: (H) The Secretary of Agriculture. ; and (3) by adding at the end the following: (r) Prohibition with respect to agricultural companies and real estate (1) In general Notwithstanding any other provision of this section, if the Committee, in conducting a review and investigation under this section, determines that a transaction described in clause (i), (vi), or (vii) of subsection (a)(4)(B) would result in control by a covered foreign person of or investment by a covered foreign person in a United States business engaged in agriculture or private real estate used in agriculture, the President shall prohibit such transaction. (2) Waiver The President may waive, on a case-by-case basis, the requirement to prohibit a transaction under paragraph (1), not less than 30 days after the President determines and reports to the relevant committees of jurisdiction that it is vital to the national security interests of the United States to waive such prohibition. (3) Defined terms In this subsection: (A) Covered foreign person The term covered foreign person means a person that is— (i) acting on behalf of or otherwise directed by the government of a prohibited country; (ii) a citizen of a prohibited country; (iii) an entity that— (I) is registered or organized in a prohibited country; or (II) has a principal place of business in a prohibited country; or (iv) a subsidiary of an entity described in clause (iii). (B) Prohibited country The term prohibited country means any of the following: (i) The People’s Republic of China. (ii) The Russian Federation. (iii) The Islamic Republic of Iran. (iv) The Democratic People’s Republic of Korea.. (b) Report required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the risks that foreign purchases of United States businesses engaged in agriculture (as such term is defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 )) pose to the agricultural sector of the United States.
4,530
[ "Energy and Commerce Committee", "Foreign Affairs Committee", "Financial Services Committee" ]
118hr6585rh
118
hr
6,585
rh
To amend the Higher Education Act of 1965 to extend Federal Pell Grant eligibility to certain short-term workforce programs.
[ { "text": "1. Short title \nThis Act may be cited as the Bipartisan Workforce Pell Act.", "id": "H01A74981322D4C0980DC49795717A039", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Workforce Pell Grants \n(a) In general \nSection 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended by adding at the end the following: (k) Workforce Pell Grant program \n(1) In general \nFor the award year beginning on July 1, 2025, and each subsequent award year, the Secretary shall award grants (to be known as Workforce Pell Grants ) to eligible students under paragraph (2) in accordance with this subsection. (2) Eligible students \nTo be eligible to receive a Workforce Pell Grant under this subsection for any period of enrollment, a student shall meet the eligibility requirements for a Federal Pell Grant under this section, except that the student— (A) shall be enrolled, or accepted for enrollment, in an eligible program under section 481(b)(3) (hereinafter referred to as an eligible workforce program ); and (B) may not— (i) be enrolled, or accepted for enrollment, in a program of study that leads to a master’s degree, doctoral degree, or other post-graduate degree; or (ii) have attained such a degree. (3) Terms and conditions of awards \nThe Secretary shall award Workforce Pell Grants under this subsection in the same manner and with the same terms and conditions as the Secretary awards Federal Pell Grants under this section, except that— (A) each use of the term eligible program shall be substituted by eligible workforce program under section 481(b)(3) , other than with respect to— (i) paragraph (9)(A) of such subsection; and (ii) subsection (d)(2); and (B) a student who is eligible for a grant equal to less than the amount of the minimum Federal Pell Grant because the eligible workforce program in which the student is enrolled or accepted for enrollment is less than an academic year (in hours of instruction or weeks of duration) may still be eligible for a Workforce Pell Grant in an amount that is prorated based on the length of the program. (4) Prevention of double benefits \nNo eligible student described in paragraph (2) may concurrently receive a grant under both this subsection and— (A) subsection (b); or (B) subsection (c). (5) Duration limit \nAny period of study covered by a Workforce Pell Grant awarded under this subsection shall be included in determining a student’s duration limit under subsection (d)(5).. (b) Effective date \nThe amendment made by subsection (a) shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ; 134 Stat. 3191) and in accordance with section 701(b) of such Act.", "id": "H112ECF97FBFF453C9EAA0657550C8EDB", "header": "Workforce Pell Grants", "nested": [ { "text": "(a) In general \nSection 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended by adding at the end the following: (k) Workforce Pell Grant program \n(1) In general \nFor the award year beginning on July 1, 2025, and each subsequent award year, the Secretary shall award grants (to be known as Workforce Pell Grants ) to eligible students under paragraph (2) in accordance with this subsection. (2) Eligible students \nTo be eligible to receive a Workforce Pell Grant under this subsection for any period of enrollment, a student shall meet the eligibility requirements for a Federal Pell Grant under this section, except that the student— (A) shall be enrolled, or accepted for enrollment, in an eligible program under section 481(b)(3) (hereinafter referred to as an eligible workforce program ); and (B) may not— (i) be enrolled, or accepted for enrollment, in a program of study that leads to a master’s degree, doctoral degree, or other post-graduate degree; or (ii) have attained such a degree. (3) Terms and conditions of awards \nThe Secretary shall award Workforce Pell Grants under this subsection in the same manner and with the same terms and conditions as the Secretary awards Federal Pell Grants under this section, except that— (A) each use of the term eligible program shall be substituted by eligible workforce program under section 481(b)(3) , other than with respect to— (i) paragraph (9)(A) of such subsection; and (ii) subsection (d)(2); and (B) a student who is eligible for a grant equal to less than the amount of the minimum Federal Pell Grant because the eligible workforce program in which the student is enrolled or accepted for enrollment is less than an academic year (in hours of instruction or weeks of duration) may still be eligible for a Workforce Pell Grant in an amount that is prorated based on the length of the program. (4) Prevention of double benefits \nNo eligible student described in paragraph (2) may concurrently receive a grant under both this subsection and— (A) subsection (b); or (B) subsection (c). (5) Duration limit \nAny period of study covered by a Workforce Pell Grant awarded under this subsection shall be included in determining a student’s duration limit under subsection (d)(5)..", "id": "HFDF5D460633E4D98AAFA778A3D91C29A", "header": "In general", "nested": [], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ; 134 Stat. 3191) and in accordance with section 701(b) of such Act.", "id": "H1F3295F221A948CE96C2C16B50CA2434", "header": "Effective date", "nested": [], "links": [ { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" } ] } ], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" } ] }, { "text": "3. Program eligibility for Workforce Pell grants \nSection 481(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(b) ) is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: (3) (A) A program is an eligible program for purposes of the Workforce Pell Grant program under section 401(k) only if— (i) it is a program of at least 150 clock hours of instruction, but less than 600 clock hours of instruction, or an equivalent number of credit hours, offered during a minimum of 8 weeks, but less than 15 weeks; (ii) it is not offered as a correspondence course, as defined in 600.2 of title 34, Code of Federal Regulations (as in effect on September 20, 2020); (iii) the State board makes a determination that the program— (I) provides an education aligned with the requirements of high-skill, high-wage (as identified by the State pursuant to section 122 of the Carl D. Perkins Career and Technical Education Act ( 20 U.S.C. 2342 ), or in-demand industry sectors or occupations; (II) meets the hiring requirements of potential employers in the sectors or occupations described in subclause (I); and (III) satisfies any applicable educational prerequisite requirement for professional licensure or certification in the State or States in which the program is offered, as applicable, such that a student who completes the program is qualified to— (aa) practice or find employment in the sectors or occupations described in subclause (I); and (bb) as applicable, take any licensure or certification examinations required to practice or find employment in such sectors or occupations; (iv) after the State board makes the determination that the program meets the requirements under clause (iii), the accrediting agency or association recognized by the Secretary pursuant to section 496(a) determines that the program— (I) either— (aa) leads to a recognized postsecondary credential that is stackable and portable across more than one employer; or (bb) with respect to students enrolled in the program— (AA) prepares such students for employment in an occupation for which there is only one recognized postsecondary credential; and (BB) provides such students with such a credential upon completion of such program; (II) prepares students to pursue 1 or more certificate or degree programs at 1 or more institutions of higher education (which may include the institution of higher education providing the program), including by ensuring— (aa) that a student, upon completion of the program and enrollment in such a related certificate or degree program, will receive academic credit for the program that will be accepted toward meeting such certificate or degree program requirements; and (bb) the acceptability of such credit toward meeting such certificate or degree program requirements; and (III) posts prominently on the website of the institution the recognized postsecondary credential that will be awarded to the student upon completion of the program, including the entity issuing the credential, any third-party endorsements of the credential, the occupation or occupations for which the credential prepares individuals for employment, the competencies achieved to earn the credential, the level of mastery of such competencies and how mastery is assessed, and specific information with respect to where, whether, and under what circumstances the credential is stackable or portable; (IV) with respect to the information collected under section 131(i)— (aa) posts such information prominently on the website of the institution; and (bb) provides such information in a written disclosure to each prospective student prior to entering into an enrollment agreement with such student for such program, and establishes procedures for each such student to confirm receipt of such disclosure; (V) has established a plan to ensure students who completed the program have access to transcripts for completed coursework without a fee; and (VI) has been offered by an eligible institution of higher education for not less than 1 year prior to the date on which such agency or association is to make a determination under this paragraph; (v) after the accrediting agency makes the determination that the program meets the requirements under clause (iv), the Secretary determines that— (I) for each award year, the program has a verified completion rate of at least 70 percent, within 150 percent of the normal time for completion; (II) for each award year, the program has a verified job placement rate of at least 70 percent, measured 180 days after completion; (III) for each award year, the program charges to a Workforce Pell Grant recipient under section 401(k) a total amount of tuition and fees for the program for such year that does not exceed the value-added earnings of students for the most recent year for which data is available; and (IV) for at least 2 of the 3 most recent consecutive award years for which data are available, the median earnings of students who completed the program, measured three years after students completed the program, exceeded the annual median earnings of individuals in the State in which the program is located— (aa) who are in the labor force; (bb) who are between 25 and 34 years of age, inclusive; and (cc) for whom the highest degree attained is a high school diploma (or recognized equivalent); and (vi) in the case of a program that has been an eligible workforce program under this paragraph for 3 or more years, it uses common, linked, open, and interoperable data formats when posting on the website of the institution the data required under subclauses (III) and (IV) of clause (iv). (B) (i) The Secretary shall establish an appeals process wherein a program may request that, in making a determination under subparagraph (A)(v) (other than with respect to the median earnings of the individuals in the State described in subclause (IV) of such subparagraph), the Secretary use alternate earnings data, provided by the program, that is based on local, State, or Federal administrative data sources and that is statistically rigorous, accurate, comparable to, and representative of such students, if such program objects to a determination made by the Secretary under such subparagraph for purposes of— (I) eligibility under this paragraph; or (II) the reporting or publishing of the rates or earnings described in such a determination under section 131(i). (ii) In the case of a program that is seeking to establish initial eligibility under this paragraph that does not have data available for the Secretary to make the determinations required under subparagraph (A)(v), the Secretary may, for a period that does not exceed 1 year, make such determinations (other than the median earnings of the individuals in the State described in subclause (IV) of such subparagraph) with respect to the program using, as provided by the program— (I) alternate earnings data of students who complete the program, provided such data are statistically rigorous, accurate, comparable to, and representative of such students; and (II) alternate completion and job placement rates of students who enroll in the program, provided such data are statistically rigorous, accurate, comparable, and representative of such students. (iii) If the Secretary determines that a program provided inaccurate earnings data under clause (i)(I) or clause (ii), such program shall return to the Secretary any funds received under section 401(k) during the period beginning on the date that is the first day of the provisional eligibility period and ending on the date on which the Secretary makes such determination. (C) (i) In the case of a program that is seeking to establish initial eligibility under this paragraph, the Secretary shall grant eligibility for the program if it meets the requirements of this paragraph not more than 120 days after the date on which the Secretary receives a submission from such program for consideration as an eligible workforce program under this paragraph. (ii) If a program that is an eligible workforce program under this paragraph no longer meets one or more of the requirements under this paragraph, as determined by the State Board, accrediting agency, or the Secretary, the Secretary— (I) may withdraw the eligibility of such program; and (II) shall prohibit such program, and any substantially similar program of the institution, from being considered an eligible workforce program under this paragraph for a period of not less than 3 years. (D) (i) In the case of a program with a number of enrolled students that is insufficient to provide the Secretary with enough relevant data to make the determinations under subparagraph (A)(v), the Secretary shall— (I) aggregate up to 4 years of additional data for such program and use such aggregated data to make such determinations; or (II) only if such aggregated data under subclause (I) is insufficient, aggregate up to 4 years of data of students who completed or were enrolled in, as applicable, similar programs at the institution (as determined using the first 4 digits of the CIP codes of such programs) and use such data to make such determinations. (ii) For purposes of this subparagraph, the term CIP code means the 6-digit taxonomic identification code assigned by an institution of higher education to a specific program of study at the institution, determined by the institution in accordance with the Classification of Instructional Programs published by the National Center for Education Statistics. (E) In this paragraph: (i) The term eligible institution of higher education means an institution of higher education (as defined in section 102) that— (I) is approved by an accrediting agency or association that meets the requirements of section 496(a)(4)(C); and (II) has not been subject, during any of the preceding 3 years, to— (aa) any suspension, emergency action, or termination under this title; (bb) any adverse action by the institution’s accrediting agency or association that revokes or denies accreditation for the institution; or (cc) any final action by the State where the institution holds its legal domicile, authorization, and accreditation that revokes a license or other authority to operate. (ii) The term median earnings , when used with respect to an eligible workforce program under this paragraph— (I) means the median annualized earnings, calculated using earnings for a pay period, month, quarter, or other time period deemed appropriate by the Secretary, of all students who received Federal financial assistance under this title and who completed the program in an academic year; and (II) shall be measured a given number of years after such students completed the program, with the number of years determined in accordance with this Act based on the intended use of the median earnings data being calculated. (iii) With respect to students who received Federal financial aid under this title and who completed an eligible workforce program under this paragraph in a given year, the term value-added earnings means— (I) the median earnings of such students, measured one year after students completed the program; minus (II) for the year median earnings are measured for such students under subclause (I), 150 percent of the poverty line applicable to a single individual as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ) for such year and, in the case of a program offered in-person, adjusted by the regional price parity index of the Bureau of Economic Analysis for the metropolitan statistical area in which the eligible institution of higher education offering such program is located. (iv) The terms industry or sector partnership , in-demand industry sector or occupation , recognized postsecondary credential , and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act..", "id": "HADA623468B754DDBB01FA900D5F16FD4", "header": "Program eligibility for Workforce Pell grants", "nested": [], "links": [ { "text": "20 U.S.C. 1088(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1088" }, { "text": "20 U.S.C. 2342", "legal-doc": "usc", "parsable-cite": "usc/20/2342" }, { "text": "42 U.S.C. 9902(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9902" } ] }, { "text": "4. Data collection and dissemination related to Workforce Pell \nSection 131 of the Higher Education Act of 1965 ( 20 U.S.C. 1015 ) is amended by adding at the end the following: (i) Data collection and dissemination related to Workforce Pell \n(1) Primary data source \nThe Secretary shall use data from the National Student Loan Data System or administrative data maintained by the Department, matched with Internal Revenue Service income data to collect data and make calculations in accordance with this subsection and section 481(b)(3). (2) Publication \nThe Secretary shall, on an annual basis, collect, verify, and make publicly available on the College Scorecard website (or any similar successor website), the information required under section 481(b)(3)(A)(v), with respect to each eligible program under section 481(b)(3) (hereinafter referred to as an eligible workforce program ), including— (A) the length of the program (as measured in clock hours, credit hours, or weeks); (B) the required tuition and fees of the program; (C) the difference between the required tuition and fees described in section 481(b)(3)(A)(v)(III) and median amount of grant aid (which does not need to be repaid) provided to students receiving Workforce Pell Grants, disaggregated by source of such grant aid; (D) the median earnings of students as such term is defined in section 481(b)(3)(E); (E) the median earnings of students who did not complete the program and received Federal financial assistance under this title; (F) the ratio of the amount described in subparagraph (C) to the value-added earnings (as such term is defined in section 481(b)(3)(E)) of students and an explanation, in clear and plain language, of this ratio; (G) in the case of a program that prepares students for a professional licensure or certification examination, the share of such students who pass such examinations; (H) the number of students enrolled in the program during the most recent academic year for which data is available; (I) the percentage of students who enroll in the program and who complete the program within— (i) 100 percent of the normal time for completion of such program; (ii) 150 percent of the normal time for completion of such program; and (iii) 200 percent of the normal time for completion of such program; (J) the percentage of students who are employed not later than 180 days and 1 year, respectively, after completing the program; (K) the percentage of individuals— (i) who have completed such program; and (ii) 1 year after such completion, whose median earnings exceed 150 percent of the poverty line applicable to a single individual, as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ); (L) the percentage of students who enroll in a certificate or degree program at any institution of higher education within 1 year of completing such program; and (M) the percentage of students who complete a subsequent certificate or degree program at any institution of higher education within 6 years of completing such program. (3) Data disaggregation \nThe information in subparagraphs (D), (E), and (H) through (M) shall be disaggregated by— (A) sex; (B) race and ethnicity; (C) income quintile, as defined by the Secretary; and (D) status as a recipient of a Workforce Pell Grant. (4) Exceptions \nNotwithstanding any other provision of this subsection, if disclosure of any data under paragraph (1) is prohibited under State or Federal privacy laws or regulations, the Secretary shall take the steps described in paragraph (5), and any other steps determined by the Secretary to be necessary to make publicly available such data in accordance with such laws and regulations. (5) Small programs \n(A) Aggregation \nFor purposes of publishing the information described in this subsection with respect to an eligible workforce program, for any year for which the number of students is determined by the Secretary to be of insufficient size to maintain the privacy of student data, the Secretary shall, to obtain data for a sufficient number of students to maintain student privacy— (i) aggregate up to 4 years of additional data for such program; (ii) only if the aggregated data under clause (i) is insufficient to maintain student privacy or cannot be aggregated, aggregate data for students who completed or were enrolled in, as applicable, similar programs at the institution (as determined using the first 4 digits of the CIP codes); or (iii) only if the aggregated data under clause (ii) is insufficient to maintain student privacy or cannot be aggregated, aggregate data with respect to all students who completed or were enrolled in, as applicable, any program of the institution of the same credential level, in lieu of data specific to students in such program. (B) Notification of aggregation \nThe Secretary shall prominently indicate whether data published under this subsection has been aggregated in accordance with subparagraph (A). (C) CIP code defined \nFor purposes of this paragraph, the term CIP code means the 6-digit taxonomic identification code assigned by an institution of higher education to a specific program of study at the institution, determined by the institution in accordance with the Classification of Instructional Programs published by the National Center for Education Statistics..", "id": "H41A6F570EE604FE88D57E610B3829051", "header": "Data collection and dissemination related to Workforce Pell", "nested": [], "links": [ { "text": "20 U.S.C. 1015", "legal-doc": "usc", "parsable-cite": "usc/20/1015" }, { "text": "42 U.S.C. 9902(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9902" } ] }, { "text": "5. Accrediting agency determination of eligibility requirements for the Workforce Pell Grants program \n(a) References \nExcept as otherwise expressly provided, whenever in this section an amendment or reference is expressed in terms of an amendment or reference to a section or other provision, the amendment or reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ). (b) Recognition of accrediting agency or association \nSection 496(a)(4) ( 20 U.S.C. 1099b(a)(4) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B)(ii), by inserting and at the end; and (3) by adding at the end the following: (C) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions offering an eligible program under section 481(b)(3), such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that, with respect to such an eligible program— (i) the agency or association’s standards include a process for determining if the institution has the capability to effectively offer such program; and (ii) the agency or association requires a demonstration that the program satisfies the requirements of section 481(b)(3)(A)(iv);. (c) Prospective accreditors \nThe Secretary— (1) in the case of an accrediting agency or association that is not recognized under section 496 ( 20 U.S.C. 1099b ) and that is seeking initial recognition to evaluate only eligible programs under section 481(b)(3) ( 20 U.S.C. 1088(b) ), may only recognize such agency or association for such purpose if such agency or association demonstrates, in the application submitted under such section 496 for such recognition, compliance with the requirements of such section for at least 1 year prior to the date on which such application is submitted; (2) shall, not later than 1 year after receiving such an application, make a recommendation with respect to whether such agency or association should be recognized for such purpose; and (3) shall, after making the recommendation described in paragraph (2), direct the National Advisory Committee on Institutional Quality and Integrity (as established by section 114 ( 20 U.S.C. 1011c )) (hereinafter referred to as NACIQI ) to, at the first scheduled meeting of such Committee following such a recommendation— (A) evaluate the recognition of the agency or association; and (B) advise the Secretary with respect to whether the agency or association meets the criteria under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ) (as added by subsection (b)). (d) Technical assistance \nThe Secretary shall provide technical assistance to any prospective accrediting agency or association seeking initial recognition by the Secretary under section 496 ( 20 U.S.C. 1099b ), including with respect to recognition to evaluate institutions with an eligible Workforce Pell Grants program. (e) Additional NACIQI review meetings \nFor the purpose of preparing for the implementation of the Workforce Pell Grant program under section 401(k) ( 20 U.S.C. 1070a ) (as added by section 2), and in addition to the meetings required under section 114(d)(1) ( 20 U.S.C. 1011c(d)(1) ), NACIQI shall, for the period beginning on the date of the enactment of this Act and ending on December 31, 2030, hold meetings to evaluate the recognition of prospective accrediting agencies or associations described in subsection (c) and the addition to the scope of recognition of accrediting agencies and associations under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ). (f) Interim accreditation authority \n(1) Notification \nBeginning on the date of the enactment of this Act, a recognized accrediting agency or association that seeks, for the first time, to add to its scope of recognition the evaluation of the quality of institutions offering an eligible program under section 481(b)(3) ( 20 U.S.C. 1088(b) ) may include within its scope of recognition the evaluation of such institutions if such agency or association— (A) submits to the Secretary a notification of the agency or association’s intent to add the evaluation of such institutions to its scope of recognition; and (B) includes with such notification an explanation of how the agency or association intends to meet the criteria under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ) (as added by subsection (b)). (2) Review of scope of changes \nUpon receipt of a notification from an accrediting agency or association described in subparagraph (A), the Secretary shall direct NACIQI to evaluate, at the next available meeting of such Committee, the addition to the scope of recognition of the agency or association and to advise the Secretary with respect to whether the agency or association meets the criteria under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ) (as added by subsection (b)). (3) Termination of interim authority \nThe interim authority granted to an agency or association under this paragraph shall terminate on the earlier of— (A) the date that is 5 years after the date of the enactment of this Act; or (B) the date on which the Secretary determines whether such agency or association meets the criteria under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ) (as added by subsection (b)).", "id": "HD39B761021B445E28A339DCD8C9B144D", "header": "Accrediting agency determination of eligibility requirements for the Workforce Pell Grants program", "nested": [ { "text": "(a) References \nExcept as otherwise expressly provided, whenever in this section an amendment or reference is expressed in terms of an amendment or reference to a section or other provision, the amendment or reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ).", "id": "H0EF09050EAE3440BBCD84C45DD27FA20", "header": "References", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "(b) Recognition of accrediting agency or association \nSection 496(a)(4) ( 20 U.S.C. 1099b(a)(4) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B)(ii), by inserting and at the end; and (3) by adding at the end the following: (C) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions offering an eligible program under section 481(b)(3), such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that, with respect to such an eligible program— (i) the agency or association’s standards include a process for determining if the institution has the capability to effectively offer such program; and (ii) the agency or association requires a demonstration that the program satisfies the requirements of section 481(b)(3)(A)(iv);.", "id": "H2268C32F8A62483C84949D62755DFCB2", "header": "Recognition of accrediting agency or association", "nested": [], "links": [ { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" } ] }, { "text": "(c) Prospective accreditors \nThe Secretary— (1) in the case of an accrediting agency or association that is not recognized under section 496 ( 20 U.S.C. 1099b ) and that is seeking initial recognition to evaluate only eligible programs under section 481(b)(3) ( 20 U.S.C. 1088(b) ), may only recognize such agency or association for such purpose if such agency or association demonstrates, in the application submitted under such section 496 for such recognition, compliance with the requirements of such section for at least 1 year prior to the date on which such application is submitted; (2) shall, not later than 1 year after receiving such an application, make a recommendation with respect to whether such agency or association should be recognized for such purpose; and (3) shall, after making the recommendation described in paragraph (2), direct the National Advisory Committee on Institutional Quality and Integrity (as established by section 114 ( 20 U.S.C. 1011c )) (hereinafter referred to as NACIQI ) to, at the first scheduled meeting of such Committee following such a recommendation— (A) evaluate the recognition of the agency or association; and (B) advise the Secretary with respect to whether the agency or association meets the criteria under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ) (as added by subsection (b)).", "id": "H0EEFB4DF92374D00BDD6AFBADBC7E6FF", "header": "Prospective accreditors", "nested": [], "links": [ { "text": "20 U.S.C. 1099b", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1088(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1088" }, { "text": "20 U.S.C. 1011c", "legal-doc": "usc", "parsable-cite": "usc/20/1011c" }, { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" } ] }, { "text": "(d) Technical assistance \nThe Secretary shall provide technical assistance to any prospective accrediting agency or association seeking initial recognition by the Secretary under section 496 ( 20 U.S.C. 1099b ), including with respect to recognition to evaluate institutions with an eligible Workforce Pell Grants program.", "id": "H13BD141EC6CC40B49FEEBF25B769640F", "header": "Technical assistance", "nested": [], "links": [ { "text": "20 U.S.C. 1099b", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" } ] }, { "text": "(e) Additional NACIQI review meetings \nFor the purpose of preparing for the implementation of the Workforce Pell Grant program under section 401(k) ( 20 U.S.C. 1070a ) (as added by section 2), and in addition to the meetings required under section 114(d)(1) ( 20 U.S.C. 1011c(d)(1) ), NACIQI shall, for the period beginning on the date of the enactment of this Act and ending on December 31, 2030, hold meetings to evaluate the recognition of prospective accrediting agencies or associations described in subsection (c) and the addition to the scope of recognition of accrediting agencies and associations under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ).", "id": "H25A296295B954A62A6CC883A3F4BE9C8", "header": "Additional NACIQI review meetings", "nested": [], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1011c(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1011c" }, { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" } ] }, { "text": "(f) Interim accreditation authority \n(1) Notification \nBeginning on the date of the enactment of this Act, a recognized accrediting agency or association that seeks, for the first time, to add to its scope of recognition the evaluation of the quality of institutions offering an eligible program under section 481(b)(3) ( 20 U.S.C. 1088(b) ) may include within its scope of recognition the evaluation of such institutions if such agency or association— (A) submits to the Secretary a notification of the agency or association’s intent to add the evaluation of such institutions to its scope of recognition; and (B) includes with such notification an explanation of how the agency or association intends to meet the criteria under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ) (as added by subsection (b)). (2) Review of scope of changes \nUpon receipt of a notification from an accrediting agency or association described in subparagraph (A), the Secretary shall direct NACIQI to evaluate, at the next available meeting of such Committee, the addition to the scope of recognition of the agency or association and to advise the Secretary with respect to whether the agency or association meets the criteria under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ) (as added by subsection (b)). (3) Termination of interim authority \nThe interim authority granted to an agency or association under this paragraph shall terminate on the earlier of— (A) the date that is 5 years after the date of the enactment of this Act; or (B) the date on which the Secretary determines whether such agency or association meets the criteria under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ) (as added by subsection (b)).", "id": "HF2B3CB5341FA40BF9400075F2847B13C", "header": "Interim accreditation authority", "nested": [], "links": [ { "text": "20 U.S.C. 1088(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1088" }, { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" } ] } ], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1099b", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1088(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1088" }, { "text": "20 U.S.C. 1011c", "legal-doc": "usc", "parsable-cite": "usc/20/1011c" }, { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1099b", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1011c(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1011c" }, { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1088(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1088" }, { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" } ] }, { "text": "6. Rule of construction \nNothing in this Act shall be construed to impose or increase an occupational licensing or certification requirement on eligible programs under this title.", "id": "H76C862C0B9B34C3092B32DFE29F589B3", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "7. Agreements with applicable educational institutions \n(a) Direct loans \nSection 454(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087d(a) ) is amended— (1) in paragraph (5), by striking and after the semicolon; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: (6) notwithstanding any other provision of this Act, for the award year beginning on July 1, 2024, and each subsequent award year, if such institution is an applicable educational institution that is an organization subject to taxation under section 4968 of the Internal Revenue Code of 1986, provide that such institution may not award— (A) a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Plus Loan to any eligible student; or (B) a Federal Direct Plus Loan to a parent of an eligible dependent undergraduate student if such student is eligible for a Federal Pell Grant. ; and (b) Federal supplemental educational opportunity grants \nSection 413C(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1070b–2(a) ) is amended— (1) in paragraph (3), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3) in the matter preceding subparagraph (A), as so redesignated, by striking Assistance may and inserting (1) In general \nAssistance may ; and (4) by adding at the end the following: (2) Exception \nIn addition to the requirements under paragraph (1), for the award year beginning on July 1, 2024 and each subsequent award year, an institution that is an applicable educational institution that is an organization subject to taxation under section 4968 of the Internal Revenue Code of 1986, may only receive assistance under this subpart if such institution guarantees that, for each such award year— (A) the total amount of grants and scholarships, including other financial assistance not received under this title as defined in section 480(i), awarded to a student who receives a Federal Pell Grant under this title shall not be less than the student’s cost of attendance (as defined in section 472); and (B) the percentage of students enrolled at such institution who are eligible for a Federal Pell grant will be equal to or greater than the percentage of students who were enrolled at such institution and were eligible for a Federal Pell grant in the award year during which the Bipartisan Workforce Pell Act was enacted..", "id": "H84486A66FE2F45F19B50EC24C527D3D3", "header": "Agreements with applicable educational institutions", "nested": [ { "text": "(a) Direct loans \nSection 454(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087d(a) ) is amended— (1) in paragraph (5), by striking and after the semicolon; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: (6) notwithstanding any other provision of this Act, for the award year beginning on July 1, 2024, and each subsequent award year, if such institution is an applicable educational institution that is an organization subject to taxation under section 4968 of the Internal Revenue Code of 1986, provide that such institution may not award— (A) a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Plus Loan to any eligible student; or (B) a Federal Direct Plus Loan to a parent of an eligible dependent undergraduate student if such student is eligible for a Federal Pell Grant. ; and", "id": "H3EAD65603B1342D29ACCA3506373803D", "header": "Direct loans", "nested": [], "links": [ { "text": "20 U.S.C. 1087d(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1087d" }, { "text": "section 4968", "legal-doc": "usc", "parsable-cite": "usc/26/4968" } ] }, { "text": "(b) Federal supplemental educational opportunity grants \nSection 413C(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1070b–2(a) ) is amended— (1) in paragraph (3), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3) in the matter preceding subparagraph (A), as so redesignated, by striking Assistance may and inserting (1) In general \nAssistance may ; and (4) by adding at the end the following: (2) Exception \nIn addition to the requirements under paragraph (1), for the award year beginning on July 1, 2024 and each subsequent award year, an institution that is an applicable educational institution that is an organization subject to taxation under section 4968 of the Internal Revenue Code of 1986, may only receive assistance under this subpart if such institution guarantees that, for each such award year— (A) the total amount of grants and scholarships, including other financial assistance not received under this title as defined in section 480(i), awarded to a student who receives a Federal Pell Grant under this title shall not be less than the student’s cost of attendance (as defined in section 472); and (B) the percentage of students enrolled at such institution who are eligible for a Federal Pell grant will be equal to or greater than the percentage of students who were enrolled at such institution and were eligible for a Federal Pell grant in the award year during which the Bipartisan Workforce Pell Act was enacted..", "id": "H9CE345664B304B63BAAD8A6CF8FE7C95", "header": "Federal supplemental educational opportunity grants", "nested": [], "links": [ { "text": "20 U.S.C. 1070b–2(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1070b-2" }, { "text": "section 4968", "legal-doc": "usc", "parsable-cite": "usc/26/4968" } ] } ], "links": [ { "text": "20 U.S.C. 1087d(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1087d" }, { "text": "section 4968", "legal-doc": "usc", "parsable-cite": "usc/26/4968" }, { "text": "20 U.S.C. 1070b–2(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1070b-2" }, { "text": "section 4968", "legal-doc": "usc", "parsable-cite": "usc/26/4968" } ] }, { "text": "8. Authorization of appropriations \nIn addition to funds made available for payment of Workforce Pell Grants under section 401(k) of the Higher Education Act of 1965 (as added by section 2 of this Act), there are authorized to be appropriated to the Secretary of Education $40,000,000 for fiscal year 2025 and $30,000,000 for each of the 4 succeeding fiscal years for the costs of implementing such section 401(k) and the other amendments to the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) made by this Act.", "id": "HB0E2AADD01194F379480B978AC9F6780", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] } ]
8
1. Short title This Act may be cited as the Bipartisan Workforce Pell Act. 2. Workforce Pell Grants (a) In general Section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended by adding at the end the following: (k) Workforce Pell Grant program (1) In general For the award year beginning on July 1, 2025, and each subsequent award year, the Secretary shall award grants (to be known as Workforce Pell Grants ) to eligible students under paragraph (2) in accordance with this subsection. (2) Eligible students To be eligible to receive a Workforce Pell Grant under this subsection for any period of enrollment, a student shall meet the eligibility requirements for a Federal Pell Grant under this section, except that the student— (A) shall be enrolled, or accepted for enrollment, in an eligible program under section 481(b)(3) (hereinafter referred to as an eligible workforce program ); and (B) may not— (i) be enrolled, or accepted for enrollment, in a program of study that leads to a master’s degree, doctoral degree, or other post-graduate degree; or (ii) have attained such a degree. (3) Terms and conditions of awards The Secretary shall award Workforce Pell Grants under this subsection in the same manner and with the same terms and conditions as the Secretary awards Federal Pell Grants under this section, except that— (A) each use of the term eligible program shall be substituted by eligible workforce program under section 481(b)(3) , other than with respect to— (i) paragraph (9)(A) of such subsection; and (ii) subsection (d)(2); and (B) a student who is eligible for a grant equal to less than the amount of the minimum Federal Pell Grant because the eligible workforce program in which the student is enrolled or accepted for enrollment is less than an academic year (in hours of instruction or weeks of duration) may still be eligible for a Workforce Pell Grant in an amount that is prorated based on the length of the program. (4) Prevention of double benefits No eligible student described in paragraph (2) may concurrently receive a grant under both this subsection and— (A) subsection (b); or (B) subsection (c). (5) Duration limit Any period of study covered by a Workforce Pell Grant awarded under this subsection shall be included in determining a student’s duration limit under subsection (d)(5).. (b) Effective date The amendment made by subsection (a) shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ; 134 Stat. 3191) and in accordance with section 701(b) of such Act. 3. Program eligibility for Workforce Pell grants Section 481(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(b) ) is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: (3) (A) A program is an eligible program for purposes of the Workforce Pell Grant program under section 401(k) only if— (i) it is a program of at least 150 clock hours of instruction, but less than 600 clock hours of instruction, or an equivalent number of credit hours, offered during a minimum of 8 weeks, but less than 15 weeks; (ii) it is not offered as a correspondence course, as defined in 600.2 of title 34, Code of Federal Regulations (as in effect on September 20, 2020); (iii) the State board makes a determination that the program— (I) provides an education aligned with the requirements of high-skill, high-wage (as identified by the State pursuant to section 122 of the Carl D. Perkins Career and Technical Education Act ( 20 U.S.C. 2342 ), or in-demand industry sectors or occupations; (II) meets the hiring requirements of potential employers in the sectors or occupations described in subclause (I); and (III) satisfies any applicable educational prerequisite requirement for professional licensure or certification in the State or States in which the program is offered, as applicable, such that a student who completes the program is qualified to— (aa) practice or find employment in the sectors or occupations described in subclause (I); and (bb) as applicable, take any licensure or certification examinations required to practice or find employment in such sectors or occupations; (iv) after the State board makes the determination that the program meets the requirements under clause (iii), the accrediting agency or association recognized by the Secretary pursuant to section 496(a) determines that the program— (I) either— (aa) leads to a recognized postsecondary credential that is stackable and portable across more than one employer; or (bb) with respect to students enrolled in the program— (AA) prepares such students for employment in an occupation for which there is only one recognized postsecondary credential; and (BB) provides such students with such a credential upon completion of such program; (II) prepares students to pursue 1 or more certificate or degree programs at 1 or more institutions of higher education (which may include the institution of higher education providing the program), including by ensuring— (aa) that a student, upon completion of the program and enrollment in such a related certificate or degree program, will receive academic credit for the program that will be accepted toward meeting such certificate or degree program requirements; and (bb) the acceptability of such credit toward meeting such certificate or degree program requirements; and (III) posts prominently on the website of the institution the recognized postsecondary credential that will be awarded to the student upon completion of the program, including the entity issuing the credential, any third-party endorsements of the credential, the occupation or occupations for which the credential prepares individuals for employment, the competencies achieved to earn the credential, the level of mastery of such competencies and how mastery is assessed, and specific information with respect to where, whether, and under what circumstances the credential is stackable or portable; (IV) with respect to the information collected under section 131(i)— (aa) posts such information prominently on the website of the institution; and (bb) provides such information in a written disclosure to each prospective student prior to entering into an enrollment agreement with such student for such program, and establishes procedures for each such student to confirm receipt of such disclosure; (V) has established a plan to ensure students who completed the program have access to transcripts for completed coursework without a fee; and (VI) has been offered by an eligible institution of higher education for not less than 1 year prior to the date on which such agency or association is to make a determination under this paragraph; (v) after the accrediting agency makes the determination that the program meets the requirements under clause (iv), the Secretary determines that— (I) for each award year, the program has a verified completion rate of at least 70 percent, within 150 percent of the normal time for completion; (II) for each award year, the program has a verified job placement rate of at least 70 percent, measured 180 days after completion; (III) for each award year, the program charges to a Workforce Pell Grant recipient under section 401(k) a total amount of tuition and fees for the program for such year that does not exceed the value-added earnings of students for the most recent year for which data is available; and (IV) for at least 2 of the 3 most recent consecutive award years for which data are available, the median earnings of students who completed the program, measured three years after students completed the program, exceeded the annual median earnings of individuals in the State in which the program is located— (aa) who are in the labor force; (bb) who are between 25 and 34 years of age, inclusive; and (cc) for whom the highest degree attained is a high school diploma (or recognized equivalent); and (vi) in the case of a program that has been an eligible workforce program under this paragraph for 3 or more years, it uses common, linked, open, and interoperable data formats when posting on the website of the institution the data required under subclauses (III) and (IV) of clause (iv). (B) (i) The Secretary shall establish an appeals process wherein a program may request that, in making a determination under subparagraph (A)(v) (other than with respect to the median earnings of the individuals in the State described in subclause (IV) of such subparagraph), the Secretary use alternate earnings data, provided by the program, that is based on local, State, or Federal administrative data sources and that is statistically rigorous, accurate, comparable to, and representative of such students, if such program objects to a determination made by the Secretary under such subparagraph for purposes of— (I) eligibility under this paragraph; or (II) the reporting or publishing of the rates or earnings described in such a determination under section 131(i). (ii) In the case of a program that is seeking to establish initial eligibility under this paragraph that does not have data available for the Secretary to make the determinations required under subparagraph (A)(v), the Secretary may, for a period that does not exceed 1 year, make such determinations (other than the median earnings of the individuals in the State described in subclause (IV) of such subparagraph) with respect to the program using, as provided by the program— (I) alternate earnings data of students who complete the program, provided such data are statistically rigorous, accurate, comparable to, and representative of such students; and (II) alternate completion and job placement rates of students who enroll in the program, provided such data are statistically rigorous, accurate, comparable, and representative of such students. (iii) If the Secretary determines that a program provided inaccurate earnings data under clause (i)(I) or clause (ii), such program shall return to the Secretary any funds received under section 401(k) during the period beginning on the date that is the first day of the provisional eligibility period and ending on the date on which the Secretary makes such determination. (C) (i) In the case of a program that is seeking to establish initial eligibility under this paragraph, the Secretary shall grant eligibility for the program if it meets the requirements of this paragraph not more than 120 days after the date on which the Secretary receives a submission from such program for consideration as an eligible workforce program under this paragraph. (ii) If a program that is an eligible workforce program under this paragraph no longer meets one or more of the requirements under this paragraph, as determined by the State Board, accrediting agency, or the Secretary, the Secretary— (I) may withdraw the eligibility of such program; and (II) shall prohibit such program, and any substantially similar program of the institution, from being considered an eligible workforce program under this paragraph for a period of not less than 3 years. (D) (i) In the case of a program with a number of enrolled students that is insufficient to provide the Secretary with enough relevant data to make the determinations under subparagraph (A)(v), the Secretary shall— (I) aggregate up to 4 years of additional data for such program and use such aggregated data to make such determinations; or (II) only if such aggregated data under subclause (I) is insufficient, aggregate up to 4 years of data of students who completed or were enrolled in, as applicable, similar programs at the institution (as determined using the first 4 digits of the CIP codes of such programs) and use such data to make such determinations. (ii) For purposes of this subparagraph, the term CIP code means the 6-digit taxonomic identification code assigned by an institution of higher education to a specific program of study at the institution, determined by the institution in accordance with the Classification of Instructional Programs published by the National Center for Education Statistics. (E) In this paragraph: (i) The term eligible institution of higher education means an institution of higher education (as defined in section 102) that— (I) is approved by an accrediting agency or association that meets the requirements of section 496(a)(4)(C); and (II) has not been subject, during any of the preceding 3 years, to— (aa) any suspension, emergency action, or termination under this title; (bb) any adverse action by the institution’s accrediting agency or association that revokes or denies accreditation for the institution; or (cc) any final action by the State where the institution holds its legal domicile, authorization, and accreditation that revokes a license or other authority to operate. (ii) The term median earnings , when used with respect to an eligible workforce program under this paragraph— (I) means the median annualized earnings, calculated using earnings for a pay period, month, quarter, or other time period deemed appropriate by the Secretary, of all students who received Federal financial assistance under this title and who completed the program in an academic year; and (II) shall be measured a given number of years after such students completed the program, with the number of years determined in accordance with this Act based on the intended use of the median earnings data being calculated. (iii) With respect to students who received Federal financial aid under this title and who completed an eligible workforce program under this paragraph in a given year, the term value-added earnings means— (I) the median earnings of such students, measured one year after students completed the program; minus (II) for the year median earnings are measured for such students under subclause (I), 150 percent of the poverty line applicable to a single individual as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ) for such year and, in the case of a program offered in-person, adjusted by the regional price parity index of the Bureau of Economic Analysis for the metropolitan statistical area in which the eligible institution of higher education offering such program is located. (iv) The terms industry or sector partnership , in-demand industry sector or occupation , recognized postsecondary credential , and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act.. 4. Data collection and dissemination related to Workforce Pell Section 131 of the Higher Education Act of 1965 ( 20 U.S.C. 1015 ) is amended by adding at the end the following: (i) Data collection and dissemination related to Workforce Pell (1) Primary data source The Secretary shall use data from the National Student Loan Data System or administrative data maintained by the Department, matched with Internal Revenue Service income data to collect data and make calculations in accordance with this subsection and section 481(b)(3). (2) Publication The Secretary shall, on an annual basis, collect, verify, and make publicly available on the College Scorecard website (or any similar successor website), the information required under section 481(b)(3)(A)(v), with respect to each eligible program under section 481(b)(3) (hereinafter referred to as an eligible workforce program ), including— (A) the length of the program (as measured in clock hours, credit hours, or weeks); (B) the required tuition and fees of the program; (C) the difference between the required tuition and fees described in section 481(b)(3)(A)(v)(III) and median amount of grant aid (which does not need to be repaid) provided to students receiving Workforce Pell Grants, disaggregated by source of such grant aid; (D) the median earnings of students as such term is defined in section 481(b)(3)(E); (E) the median earnings of students who did not complete the program and received Federal financial assistance under this title; (F) the ratio of the amount described in subparagraph (C) to the value-added earnings (as such term is defined in section 481(b)(3)(E)) of students and an explanation, in clear and plain language, of this ratio; (G) in the case of a program that prepares students for a professional licensure or certification examination, the share of such students who pass such examinations; (H) the number of students enrolled in the program during the most recent academic year for which data is available; (I) the percentage of students who enroll in the program and who complete the program within— (i) 100 percent of the normal time for completion of such program; (ii) 150 percent of the normal time for completion of such program; and (iii) 200 percent of the normal time for completion of such program; (J) the percentage of students who are employed not later than 180 days and 1 year, respectively, after completing the program; (K) the percentage of individuals— (i) who have completed such program; and (ii) 1 year after such completion, whose median earnings exceed 150 percent of the poverty line applicable to a single individual, as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ); (L) the percentage of students who enroll in a certificate or degree program at any institution of higher education within 1 year of completing such program; and (M) the percentage of students who complete a subsequent certificate or degree program at any institution of higher education within 6 years of completing such program. (3) Data disaggregation The information in subparagraphs (D), (E), and (H) through (M) shall be disaggregated by— (A) sex; (B) race and ethnicity; (C) income quintile, as defined by the Secretary; and (D) status as a recipient of a Workforce Pell Grant. (4) Exceptions Notwithstanding any other provision of this subsection, if disclosure of any data under paragraph (1) is prohibited under State or Federal privacy laws or regulations, the Secretary shall take the steps described in paragraph (5), and any other steps determined by the Secretary to be necessary to make publicly available such data in accordance with such laws and regulations. (5) Small programs (A) Aggregation For purposes of publishing the information described in this subsection with respect to an eligible workforce program, for any year for which the number of students is determined by the Secretary to be of insufficient size to maintain the privacy of student data, the Secretary shall, to obtain data for a sufficient number of students to maintain student privacy— (i) aggregate up to 4 years of additional data for such program; (ii) only if the aggregated data under clause (i) is insufficient to maintain student privacy or cannot be aggregated, aggregate data for students who completed or were enrolled in, as applicable, similar programs at the institution (as determined using the first 4 digits of the CIP codes); or (iii) only if the aggregated data under clause (ii) is insufficient to maintain student privacy or cannot be aggregated, aggregate data with respect to all students who completed or were enrolled in, as applicable, any program of the institution of the same credential level, in lieu of data specific to students in such program. (B) Notification of aggregation The Secretary shall prominently indicate whether data published under this subsection has been aggregated in accordance with subparagraph (A). (C) CIP code defined For purposes of this paragraph, the term CIP code means the 6-digit taxonomic identification code assigned by an institution of higher education to a specific program of study at the institution, determined by the institution in accordance with the Classification of Instructional Programs published by the National Center for Education Statistics.. 5. Accrediting agency determination of eligibility requirements for the Workforce Pell Grants program (a) References Except as otherwise expressly provided, whenever in this section an amendment or reference is expressed in terms of an amendment or reference to a section or other provision, the amendment or reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ). (b) Recognition of accrediting agency or association Section 496(a)(4) ( 20 U.S.C. 1099b(a)(4) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B)(ii), by inserting and at the end; and (3) by adding at the end the following: (C) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions offering an eligible program under section 481(b)(3), such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that, with respect to such an eligible program— (i) the agency or association’s standards include a process for determining if the institution has the capability to effectively offer such program; and (ii) the agency or association requires a demonstration that the program satisfies the requirements of section 481(b)(3)(A)(iv);. (c) Prospective accreditors The Secretary— (1) in the case of an accrediting agency or association that is not recognized under section 496 ( 20 U.S.C. 1099b ) and that is seeking initial recognition to evaluate only eligible programs under section 481(b)(3) ( 20 U.S.C. 1088(b) ), may only recognize such agency or association for such purpose if such agency or association demonstrates, in the application submitted under such section 496 for such recognition, compliance with the requirements of such section for at least 1 year prior to the date on which such application is submitted; (2) shall, not later than 1 year after receiving such an application, make a recommendation with respect to whether such agency or association should be recognized for such purpose; and (3) shall, after making the recommendation described in paragraph (2), direct the National Advisory Committee on Institutional Quality and Integrity (as established by section 114 ( 20 U.S.C. 1011c )) (hereinafter referred to as NACIQI ) to, at the first scheduled meeting of such Committee following such a recommendation— (A) evaluate the recognition of the agency or association; and (B) advise the Secretary with respect to whether the agency or association meets the criteria under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ) (as added by subsection (b)). (d) Technical assistance The Secretary shall provide technical assistance to any prospective accrediting agency or association seeking initial recognition by the Secretary under section 496 ( 20 U.S.C. 1099b ), including with respect to recognition to evaluate institutions with an eligible Workforce Pell Grants program. (e) Additional NACIQI review meetings For the purpose of preparing for the implementation of the Workforce Pell Grant program under section 401(k) ( 20 U.S.C. 1070a ) (as added by section 2), and in addition to the meetings required under section 114(d)(1) ( 20 U.S.C. 1011c(d)(1) ), NACIQI shall, for the period beginning on the date of the enactment of this Act and ending on December 31, 2030, hold meetings to evaluate the recognition of prospective accrediting agencies or associations described in subsection (c) and the addition to the scope of recognition of accrediting agencies and associations under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ). (f) Interim accreditation authority (1) Notification Beginning on the date of the enactment of this Act, a recognized accrediting agency or association that seeks, for the first time, to add to its scope of recognition the evaluation of the quality of institutions offering an eligible program under section 481(b)(3) ( 20 U.S.C. 1088(b) ) may include within its scope of recognition the evaluation of such institutions if such agency or association— (A) submits to the Secretary a notification of the agency or association’s intent to add the evaluation of such institutions to its scope of recognition; and (B) includes with such notification an explanation of how the agency or association intends to meet the criteria under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ) (as added by subsection (b)). (2) Review of scope of changes Upon receipt of a notification from an accrediting agency or association described in subparagraph (A), the Secretary shall direct NACIQI to evaluate, at the next available meeting of such Committee, the addition to the scope of recognition of the agency or association and to advise the Secretary with respect to whether the agency or association meets the criteria under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ) (as added by subsection (b)). (3) Termination of interim authority The interim authority granted to an agency or association under this paragraph shall terminate on the earlier of— (A) the date that is 5 years after the date of the enactment of this Act; or (B) the date on which the Secretary determines whether such agency or association meets the criteria under section 496(a)(4)(C) ( 20 U.S.C. 1099b(a)(4) ) (as added by subsection (b)). 6. Rule of construction Nothing in this Act shall be construed to impose or increase an occupational licensing or certification requirement on eligible programs under this title. 7. Agreements with applicable educational institutions (a) Direct loans Section 454(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087d(a) ) is amended— (1) in paragraph (5), by striking and after the semicolon; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: (6) notwithstanding any other provision of this Act, for the award year beginning on July 1, 2024, and each subsequent award year, if such institution is an applicable educational institution that is an organization subject to taxation under section 4968 of the Internal Revenue Code of 1986, provide that such institution may not award— (A) a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Plus Loan to any eligible student; or (B) a Federal Direct Plus Loan to a parent of an eligible dependent undergraduate student if such student is eligible for a Federal Pell Grant. ; and (b) Federal supplemental educational opportunity grants Section 413C(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1070b–2(a) ) is amended— (1) in paragraph (3), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3) in the matter preceding subparagraph (A), as so redesignated, by striking Assistance may and inserting (1) In general Assistance may ; and (4) by adding at the end the following: (2) Exception In addition to the requirements under paragraph (1), for the award year beginning on July 1, 2024 and each subsequent award year, an institution that is an applicable educational institution that is an organization subject to taxation under section 4968 of the Internal Revenue Code of 1986, may only receive assistance under this subpart if such institution guarantees that, for each such award year— (A) the total amount of grants and scholarships, including other financial assistance not received under this title as defined in section 480(i), awarded to a student who receives a Federal Pell Grant under this title shall not be less than the student’s cost of attendance (as defined in section 472); and (B) the percentage of students enrolled at such institution who are eligible for a Federal Pell grant will be equal to or greater than the percentage of students who were enrolled at such institution and were eligible for a Federal Pell grant in the award year during which the Bipartisan Workforce Pell Act was enacted.. 8. Authorization of appropriations In addition to funds made available for payment of Workforce Pell Grants under section 401(k) of the Higher Education Act of 1965 (as added by section 2 of this Act), there are authorized to be appropriated to the Secretary of Education $40,000,000 for fiscal year 2025 and $30,000,000 for each of the 4 succeeding fiscal years for the costs of implementing such section 401(k) and the other amendments to the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) made by this Act.
28,738
[ "Education and the Workforce Committee" ]
118hr96ih
118
hr
96
ih
To amend title 54, United States Code, to prohibit the extension or establishment of national monuments in Arizona except by express authorization of Congress, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting Arizona from Federal Land Grabs Act.", "id": "H7256A55CCFA24EE0A31DDA21ED053656", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitation on extension or establishment of national monuments in Arizona \nSubsection (d) of section 320301 of title 54, United States Code, is amended— (1) by inserting or Arizona after Wyoming ; and (2) by inserting or Arizona after Wyoming.", "id": "H7D1C92C3DA714A478F6C981EEEAEDFFC", "header": "Limitation on extension or establishment of national monuments in Arizona", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Protecting Arizona from Federal Land Grabs Act. 2. Limitation on extension or establishment of national monuments in Arizona Subsection (d) of section 320301 of title 54, United States Code, is amended— (1) by inserting or Arizona after Wyoming ; and (2) by inserting or Arizona after Wyoming.
339
[ "Natural Resources Committee" ]
118hr3783ih
118
hr
3,783
ih
To protect public health and human safety by prohibiting the farming of mink for their fur, to compensate farmers as they transition out of the industry, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Mink: Vectors for Infection Risk in the United States Act or the Mink VIRUS Act.", "id": "HDAA6D12F86C14AAF9B21974732D8B574", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The pandemic of the zoonotic coronavirus disease 2019 (“COVID–19”), caused by severe acute respiratory syndrome coronavirus 2 (“SARS–CoV–2”), is understood to have passed from wild animals to humans and has infected and killed millions of people globally. SARS–CoV–2 continues to pose a severe threat to public health and human safety. (2) Mink are highly susceptible to SARS–CoV–2, and there is substantial evidence that humans can transmit SARS–CoV–2 to mink farmed for their fur. Outbreaks have been confirmed on at least 18 mink farms in multiple States, with more than 20,000 mink reported dead from the disease in the United States. (3) Mink can transmit a mutated form of SARS–CoV–2 back to humans. Such cases have been confirmed in Denmark, Poland, and the Netherlands, and according to public communications from the Centers for Disease Control and Prevention, there is also evidence that farmed mink have transmitted the virus to humans and to wild mink in the United States. (4) Animal management and slaughter practices on United States mink farms have facilitated the spread of SARS–CoV–2 from humans to mink. These farms confine large numbers of animals in close proximity to each other, which promotes disease transmission. The animals also experience extreme stress, which increases the potential to shed and transmit viruses over extended periods. This risk is further exacerbated by on-site slaughter practices that create additional points of exposure. (5) Farmed mink have become infected with SARS–CoV–2 in at least 12 countries to date, including the United States. Other countries have taken swift and decisive action to close or quarantine mink farms, cull animals, and pass legislation to address this crisis. (6) The World Health Organization has acknowledged human cases of COVID–19 associated with farmed mink and transmission of the virus from farmed mink to humans. It has warned that farmed mink can act as a reservoir of SARS–CoV–2 and pose a risk for virus “spill-over” from mink to humans.", "id": "HE32BF93D824E43BF8DDCF1E7EE445E40", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Prohibition on mink farming and requirements for mink termination \n(a) Cessation of operations \nBeginning on the date that is 1 year after the date of enactment of this Act, no fur farm may farm mink. (b) Painless mink termination methods \nBeginning on the date that is 90 days after the date of enactment of this Act, any termination of farmed mink, whether performed in order to comply with subsection (a) or otherwise, shall be done in a manner that— (1) meets the definition of euthanasia specified in section 1.1 of title 9, Code of Federal Regulations (or successor regulations); and (2) is classified as acceptable by the most recent version of the American Veterinary Medical Association (AVMA) Guidelines for the Euthanasia of Animals made publicly available at the time the termination occurred, without regard to whether the termination is in compliance with other guidelines, including the AVMA Guidelines for the Depopulation of Animals. (c) Penalties \n(1) Penalty for failure to cease operations \nAny person who violates subsection (a) may be assessed a civil penalty of up to $10,000 for each day that the fur farm is not in compliance with the requirements of that subsection. (2) Penalty for noncompliant termination of mink \nAny person who violates subsection (b) may be assessed a civil penalty of up to $10,000 for each mink terminated in a manner that does not comply with the requirements of that subsection. (d) Effect on preemption \nThis section shall not be construed to preempt or limit any requirement of any law or regulation of a State or political subdivision of a State that is more restrictive than the requirements of this section.", "id": "HD03DA1864BA543528300BE6391510912", "header": "Prohibition on mink farming and requirements for mink termination", "nested": [ { "text": "(a) Cessation of operations \nBeginning on the date that is 1 year after the date of enactment of this Act, no fur farm may farm mink.", "id": "H43E1BFA52B414635BBEF7BF2CB1E8918", "header": "Cessation of operations", "nested": [], "links": [] }, { "text": "(b) Painless mink termination methods \nBeginning on the date that is 90 days after the date of enactment of this Act, any termination of farmed mink, whether performed in order to comply with subsection (a) or otherwise, shall be done in a manner that— (1) meets the definition of euthanasia specified in section 1.1 of title 9, Code of Federal Regulations (or successor regulations); and (2) is classified as acceptable by the most recent version of the American Veterinary Medical Association (AVMA) Guidelines for the Euthanasia of Animals made publicly available at the time the termination occurred, without regard to whether the termination is in compliance with other guidelines, including the AVMA Guidelines for the Depopulation of Animals.", "id": "HAE7D7BAC3E5E4BBE8002FC82BAA26AA3", "header": "Painless mink termination methods", "nested": [], "links": [] }, { "text": "(c) Penalties \n(1) Penalty for failure to cease operations \nAny person who violates subsection (a) may be assessed a civil penalty of up to $10,000 for each day that the fur farm is not in compliance with the requirements of that subsection. (2) Penalty for noncompliant termination of mink \nAny person who violates subsection (b) may be assessed a civil penalty of up to $10,000 for each mink terminated in a manner that does not comply with the requirements of that subsection.", "id": "H194BCB79630E4BC0A8518AAD83FA5EFA", "header": "Penalties", "nested": [], "links": [] }, { "text": "(d) Effect on preemption \nThis section shall not be construed to preempt or limit any requirement of any law or regulation of a State or political subdivision of a State that is more restrictive than the requirements of this section.", "id": "H613431393902457B8C38D09A1528E448", "header": "Effect on preemption", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Payment program \n(a) Establishment \nNot later than 180 days after the date of enactment of this Act, the Secretary of Agriculture (referred to in this section as the Secretary ) shall establish and carry out a program (referred to in this section as the Program ) to provide payments to owners of fur farms whose operations involve the farming of mink. (b) Payments \nUnder the Program, the Secretary shall provide payments to fur farm owners equal to the sum of the Secretary’s determination of— (1) the reasonable cost incurred by the owner in order to comply with sections 3(a) and 3(b); and (2) the market value of the portion of the owner’s fur farm, exclusive of the land, involving mink farming. (c) Market value determination \n(1) Market value \nThe market value referred to in subsection (b)(2) shall be calculated as the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the relevant portion of the fur farm would have sold on the effective date of the valuation, after a reasonable exposure time on the competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of that portion of the fur farm at the time of the valuation. (2) Effective date of valuation \nIn determining the market value referred to in subsection (b)(2), the effective date of the valuation shall be the day before the date of enactment of this Act. (d) Grant condition \nAs a condition of receiving a payment under the Program, the recipient shall— (1) not use any payment funds for any materials, supplies, labor costs, or activities associated with operating a fur farm; and (2) provide to the Secretary a permanent easement on the property on which the fur farm is located that prohibits the operation of any fur farm on the easement area. (e) Funding \nNot later than 60 days after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture $350,000,000 to carry out this section, to remain available until expended.", "id": "H91419626CB334C10A13A6127097980D1", "header": "Payment program", "nested": [ { "text": "(a) Establishment \nNot later than 180 days after the date of enactment of this Act, the Secretary of Agriculture (referred to in this section as the Secretary ) shall establish and carry out a program (referred to in this section as the Program ) to provide payments to owners of fur farms whose operations involve the farming of mink.", "id": "H48FA7D66EE434CB8869E6C04965A8F76", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Payments \nUnder the Program, the Secretary shall provide payments to fur farm owners equal to the sum of the Secretary’s determination of— (1) the reasonable cost incurred by the owner in order to comply with sections 3(a) and 3(b); and (2) the market value of the portion of the owner’s fur farm, exclusive of the land, involving mink farming.", "id": "H48793B84972B48199EFB72D96E1E4A9D", "header": "Payments", "nested": [], "links": [] }, { "text": "(c) Market value determination \n(1) Market value \nThe market value referred to in subsection (b)(2) shall be calculated as the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the relevant portion of the fur farm would have sold on the effective date of the valuation, after a reasonable exposure time on the competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of that portion of the fur farm at the time of the valuation. (2) Effective date of valuation \nIn determining the market value referred to in subsection (b)(2), the effective date of the valuation shall be the day before the date of enactment of this Act.", "id": "H66B1D6EE9CF345C1A64EAA1B79E2BBB2", "header": "Market value determination", "nested": [], "links": [] }, { "text": "(d) Grant condition \nAs a condition of receiving a payment under the Program, the recipient shall— (1) not use any payment funds for any materials, supplies, labor costs, or activities associated with operating a fur farm; and (2) provide to the Secretary a permanent easement on the property on which the fur farm is located that prohibits the operation of any fur farm on the easement area.", "id": "H5F75319C67044C0F8CA60BB067D9C5AB", "header": "Grant condition", "nested": [], "links": [] }, { "text": "(e) Funding \nNot later than 60 days after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture $350,000,000 to carry out this section, to remain available until expended.", "id": "H5C3AC0E2C4BE4098847480C961D99BDC", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Definitions \nIn this Act: (1) Fur \nThe term fur means any animal skin or part of an animal skin with hair, fleece, or fur fibers attached, either in its raw or processed state. Such term— (A) does not include animal skins that will be converted into leather or which in processing will have their hair, fleece, or fur fiber completely removed; and (B) does not include cowhide with its hair attached, deerskin with its hair attached, and lambskin and sheepskin with their fleece attached. (2) Fur-bearing animal \nThe term fur-bearing animal means an animal that bears fur of marketable value. (3) Fur farm \nThe term fur farm means an operation that farms fur-bearing animals for the value of their fur, including— (A) the land, buildings, support facilities, and other equipment of the operation in which fur-bearing animals are, for the value of their fur, bred, slaughtered, skinned, or sold; and (B) the fur-bearing animals of the operation farmed for the value of their fur and any fur produced by such fur-bearing animals that is owned by the operation. (4) Mink \nThe term mink means an American mink (Neovison vison), a European mink (Mustela lutreola), and any mink hybrid, whether alive or dead, and any parts and products from such mink or mink hybrids. (5) State \nThe term State means each of 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": "HE0806E0241D849EE9E3ABB736ED1A479", "header": "Definitions", "nested": [], "links": [] }, { "text": "6. Budgetary effects \n(a) Statutory PAYGO scorecards \nThe budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( Public Law 111–139 ; 2 U.S.C. 933(d) ). (b) Senate PAYGO scorecards \nThe budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for the purposes of section 4106 of H. Con. Res. 71 (115th Congress).", "id": "H5616C3CA87B045C2B77BB8DACF3B2514", "header": "Budgetary effects", "nested": [ { "text": "(a) Statutory PAYGO scorecards \nThe budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( Public Law 111–139 ; 2 U.S.C. 933(d) ).", "id": "HB61E84DA87584CD89CA2694F130812DE", "header": "Statutory PAYGO scorecards", "nested": [], "links": [ { "text": "Public Law 111–139", "legal-doc": "public-law", "parsable-cite": "pl/111/139" }, { "text": "2 U.S.C. 933(d)", "legal-doc": "usc", "parsable-cite": "usc/2/933" } ] }, { "text": "(b) Senate PAYGO scorecards \nThe budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for the purposes of section 4106 of H. Con. Res. 71 (115th Congress).", "id": "HCBF72177850C4EB8A8225F25A9EC0926", "header": "Senate PAYGO scorecards", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 111–139", "legal-doc": "public-law", "parsable-cite": "pl/111/139" }, { "text": "2 U.S.C. 933(d)", "legal-doc": "usc", "parsable-cite": "usc/2/933" } ] } ]
6
1. Short title This Act may be cited as the Mink: Vectors for Infection Risk in the United States Act or the Mink VIRUS Act. 2. Findings Congress finds the following: (1) The pandemic of the zoonotic coronavirus disease 2019 (“COVID–19”), caused by severe acute respiratory syndrome coronavirus 2 (“SARS–CoV–2”), is understood to have passed from wild animals to humans and has infected and killed millions of people globally. SARS–CoV–2 continues to pose a severe threat to public health and human safety. (2) Mink are highly susceptible to SARS–CoV–2, and there is substantial evidence that humans can transmit SARS–CoV–2 to mink farmed for their fur. Outbreaks have been confirmed on at least 18 mink farms in multiple States, with more than 20,000 mink reported dead from the disease in the United States. (3) Mink can transmit a mutated form of SARS–CoV–2 back to humans. Such cases have been confirmed in Denmark, Poland, and the Netherlands, and according to public communications from the Centers for Disease Control and Prevention, there is also evidence that farmed mink have transmitted the virus to humans and to wild mink in the United States. (4) Animal management and slaughter practices on United States mink farms have facilitated the spread of SARS–CoV–2 from humans to mink. These farms confine large numbers of animals in close proximity to each other, which promotes disease transmission. The animals also experience extreme stress, which increases the potential to shed and transmit viruses over extended periods. This risk is further exacerbated by on-site slaughter practices that create additional points of exposure. (5) Farmed mink have become infected with SARS–CoV–2 in at least 12 countries to date, including the United States. Other countries have taken swift and decisive action to close or quarantine mink farms, cull animals, and pass legislation to address this crisis. (6) The World Health Organization has acknowledged human cases of COVID–19 associated with farmed mink and transmission of the virus from farmed mink to humans. It has warned that farmed mink can act as a reservoir of SARS–CoV–2 and pose a risk for virus “spill-over” from mink to humans. 3. Prohibition on mink farming and requirements for mink termination (a) Cessation of operations Beginning on the date that is 1 year after the date of enactment of this Act, no fur farm may farm mink. (b) Painless mink termination methods Beginning on the date that is 90 days after the date of enactment of this Act, any termination of farmed mink, whether performed in order to comply with subsection (a) or otherwise, shall be done in a manner that— (1) meets the definition of euthanasia specified in section 1.1 of title 9, Code of Federal Regulations (or successor regulations); and (2) is classified as acceptable by the most recent version of the American Veterinary Medical Association (AVMA) Guidelines for the Euthanasia of Animals made publicly available at the time the termination occurred, without regard to whether the termination is in compliance with other guidelines, including the AVMA Guidelines for the Depopulation of Animals. (c) Penalties (1) Penalty for failure to cease operations Any person who violates subsection (a) may be assessed a civil penalty of up to $10,000 for each day that the fur farm is not in compliance with the requirements of that subsection. (2) Penalty for noncompliant termination of mink Any person who violates subsection (b) may be assessed a civil penalty of up to $10,000 for each mink terminated in a manner that does not comply with the requirements of that subsection. (d) Effect on preemption This section shall not be construed to preempt or limit any requirement of any law or regulation of a State or political subdivision of a State that is more restrictive than the requirements of this section. 4. Payment program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture (referred to in this section as the Secretary ) shall establish and carry out a program (referred to in this section as the Program ) to provide payments to owners of fur farms whose operations involve the farming of mink. (b) Payments Under the Program, the Secretary shall provide payments to fur farm owners equal to the sum of the Secretary’s determination of— (1) the reasonable cost incurred by the owner in order to comply with sections 3(a) and 3(b); and (2) the market value of the portion of the owner’s fur farm, exclusive of the land, involving mink farming. (c) Market value determination (1) Market value The market value referred to in subsection (b)(2) shall be calculated as the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the relevant portion of the fur farm would have sold on the effective date of the valuation, after a reasonable exposure time on the competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of that portion of the fur farm at the time of the valuation. (2) Effective date of valuation In determining the market value referred to in subsection (b)(2), the effective date of the valuation shall be the day before the date of enactment of this Act. (d) Grant condition As a condition of receiving a payment under the Program, the recipient shall— (1) not use any payment funds for any materials, supplies, labor costs, or activities associated with operating a fur farm; and (2) provide to the Secretary a permanent easement on the property on which the fur farm is located that prohibits the operation of any fur farm on the easement area. (e) Funding Not later than 60 days after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture $350,000,000 to carry out this section, to remain available until expended. 5. Definitions In this Act: (1) Fur The term fur means any animal skin or part of an animal skin with hair, fleece, or fur fibers attached, either in its raw or processed state. Such term— (A) does not include animal skins that will be converted into leather or which in processing will have their hair, fleece, or fur fiber completely removed; and (B) does not include cowhide with its hair attached, deerskin with its hair attached, and lambskin and sheepskin with their fleece attached. (2) Fur-bearing animal The term fur-bearing animal means an animal that bears fur of marketable value. (3) Fur farm The term fur farm means an operation that farms fur-bearing animals for the value of their fur, including— (A) the land, buildings, support facilities, and other equipment of the operation in which fur-bearing animals are, for the value of their fur, bred, slaughtered, skinned, or sold; and (B) the fur-bearing animals of the operation farmed for the value of their fur and any fur produced by such fur-bearing animals that is owned by the operation. (4) Mink The term mink means an American mink (Neovison vison), a European mink (Mustela lutreola), and any mink hybrid, whether alive or dead, and any parts and products from such mink or mink hybrids. (5) State The term State means each of 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. 6. Budgetary effects (a) Statutory PAYGO scorecards The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( Public Law 111–139 ; 2 U.S.C. 933(d) ). (b) Senate PAYGO scorecards The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for the purposes of section 4106 of H. Con. Res. 71 (115th Congress).
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[ "Agriculture Committee", "Budget Committee" ]
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To amend the Public Health Service Act to reauthorize certain programs with respect to public health security and all-hazards preparedness and response related to the Administration for Strategic Preparedness and Response and certain programs with respect to public health security and all-hazards preparedness and response related to the Centers for Disease Control and Prevention, and for other purposes.
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Protecting Pandemic and All-Hazards Preparedness Act of 2023 or the Protecting PAHPA Act of 2023. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Preparing for and responding to public health security threats Sec. 101. National health security strategy. Sec. 102. Protection of national security from threats. Sec. 103. Partnerships for State and regional hospital preparedness to improve surge capacity. Sec. 104. Guidelines for regional health care emergency preparedness and response systems. Sec. 105. Strategic National Stockpile. Sec. 106. Diagnostic testing preparedness plan. Sec. 107. Biomedical Advanced Research and Development Authority. Sec. 108. Ensuring collaboration and coordination in medical countermeasure development. Sec. 109. Review of ASPR efforts to ensure supply chain resiliency and accountability. Sec. 110. Review of HHS efforts To ensure rapid production and domestic manufacturing capacity of medical countermeasures. Sec. 111. Crisis standards of care. Title II—Ensuring workforce to prepare for and respond to public health security threats Sec. 201. Emergency system for advance registration of volunteer health professional. Sec. 202. Military and civilian partnership for trauma readiness. Sec. 203. National advisory committees on disasters. Sec. 204. National Disaster Medical System. Sec. 205. Volunteer Medical Reserve Corps. Title III—Preparing for and responding to public health security threats Sec. 301. Improving State and local public health security. Sec. 302. Facilities and capacities of the Centers for Disease Control and Prevention to combat public health security threats. Sec. 303. Monitoring and distribution of certain medical countermeasures. Sec. 304. Enhanced control of dangerous biological agents and toxins. Sec. 305. Mosquito-borne diseases. Sec. 306. Epidemiology-laboratory capacity. Sec. 307. Supporting public health data availability and access. Title IV—Ensuring workforce to prepare for and respond to public health security threats Sec. 401. Temporary reassignment of State and local personnel during a public health emergency. Sec. 402. Epidemic Intelligence Service. Title V—Addressing drug and supply chain shortages Subtitle A—Ensuring access to lifesaving drugs Sec. 501. Extended expiration dates for life-saving drugs. Subtitle B—Drug origin transparency Sec. 511. Enhanced drug manufacturing amount information reporting. Sec. 512. Require drug labeling to include original manufacturer and supply chain information. Subtitle C—Medical device shortage reduction Sec. 521. Clarifying device shortage notifications. Sec. 522. Supply chain risk management. Sec. 523. Clarifying voluntary notifications. Subtitle D—Drug shortage prevention Sec. 531. Improving notification procedures in case of increased demand for critical essential medicines. Subtitle E—Protecting Americans from unsafe drugs Sec. 541. Notification, nondistribution, and recall of drugs.", "id": "HA15C3191A3324934BA10098811B82609", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Protecting Pandemic and All-Hazards Preparedness Act of 2023 or the Protecting PAHPA Act of 2023.", "id": "H00DFA39B04CB46BE821D9C9D4ECB86B4", "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. Title I—Preparing for and responding to public health security threats Sec. 101. National health security strategy. Sec. 102. Protection of national security from threats. Sec. 103. Partnerships for State and regional hospital preparedness to improve surge capacity. Sec. 104. Guidelines for regional health care emergency preparedness and response systems. Sec. 105. Strategic National Stockpile. Sec. 106. Diagnostic testing preparedness plan. Sec. 107. Biomedical Advanced Research and Development Authority. Sec. 108. Ensuring collaboration and coordination in medical countermeasure development. Sec. 109. Review of ASPR efforts to ensure supply chain resiliency and accountability. Sec. 110. Review of HHS efforts To ensure rapid production and domestic manufacturing capacity of medical countermeasures. Sec. 111. Crisis standards of care. Title II—Ensuring workforce to prepare for and respond to public health security threats Sec. 201. Emergency system for advance registration of volunteer health professional. Sec. 202. Military and civilian partnership for trauma readiness. Sec. 203. National advisory committees on disasters. Sec. 204. National Disaster Medical System. Sec. 205. Volunteer Medical Reserve Corps. Title III—Preparing for and responding to public health security threats Sec. 301. Improving State and local public health security. Sec. 302. Facilities and capacities of the Centers for Disease Control and Prevention to combat public health security threats. Sec. 303. Monitoring and distribution of certain medical countermeasures. Sec. 304. Enhanced control of dangerous biological agents and toxins. Sec. 305. Mosquito-borne diseases. Sec. 306. Epidemiology-laboratory capacity. Sec. 307. Supporting public health data availability and access. Title IV—Ensuring workforce to prepare for and respond to public health security threats Sec. 401. Temporary reassignment of State and local personnel during a public health emergency. Sec. 402. Epidemic Intelligence Service. Title V—Addressing drug and supply chain shortages Subtitle A—Ensuring access to lifesaving drugs Sec. 501. Extended expiration dates for life-saving drugs. Subtitle B—Drug origin transparency Sec. 511. Enhanced drug manufacturing amount information reporting. Sec. 512. Require drug labeling to include original manufacturer and supply chain information. Subtitle C—Medical device shortage reduction Sec. 521. Clarifying device shortage notifications. Sec. 522. Supply chain risk management. Sec. 523. Clarifying voluntary notifications. Subtitle D—Drug shortage prevention Sec. 531. Improving notification procedures in case of increased demand for critical essential medicines. Subtitle E—Protecting Americans from unsafe drugs Sec. 541. Notification, nondistribution, and recall of drugs.", "id": "H6C2504A49C4742FC81EED613D32B0E87", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "101. National health security strategy \n(a) Public health workforce \nSection 2802(a)(3) of the Public Health Service Act ( 42 U.S.C. 300hh–1(a)(3) ) is amended by striking In 2022, the and inserting The. (b) Medical and public health community preparedness goal \nSection 2802(b)(8)(A) of the Public Health Service Act ( 42 U.S.C. 300hh–1(b)(8)(A) ) is amended by inserting before the semicolon the following: , including by protecting against cybersecurity threats. (c) Cybersecurity resiliency of health care delivery systems \nSection 2802(b) of the Public Health Service Act ( 42 U.S.C. 300hh–1(b) ) is amended by adding at the end the following: (11) Cybersecurity resiliency of health care delivery systems \nStrengthening the ability of States, local communities, Tribal communities, and territorial entities to protect against, mitigate, or otherwise address the impact of cybersecurity risks or cybersecurity attacks that affect public health through mechanisms (including awards of grants or cooperative agreements under section 319C–2) that encourage hospitals and other facilities involved in the delivery of health care items and services to use recognized security practices meeting or exceeding the approaches promulgated under section 405(d) of the Cybersecurity Act of 2015..", "id": "H4F4479711B1248FB919FBA718DE42C85", "header": "National health security strategy", "nested": [ { "text": "(a) Public health workforce \nSection 2802(a)(3) of the Public Health Service Act ( 42 U.S.C. 300hh–1(a)(3) ) is amended by striking In 2022, the and inserting The.", "id": "H40FC1EBB9B1646C0B4B1CE3FDE61D1D1", "header": "Public health workforce", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–1(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-1" } ] }, { "text": "(b) Medical and public health community preparedness goal \nSection 2802(b)(8)(A) of the Public Health Service Act ( 42 U.S.C. 300hh–1(b)(8)(A) ) is amended by inserting before the semicolon the following: , including by protecting against cybersecurity threats.", "id": "H5E70C598E4B54C659AFEE67EB3C69945", "header": "Medical and public health community preparedness goal", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–1(b)(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-1" } ] }, { "text": "(c) Cybersecurity resiliency of health care delivery systems \nSection 2802(b) of the Public Health Service Act ( 42 U.S.C. 300hh–1(b) ) is amended by adding at the end the following: (11) Cybersecurity resiliency of health care delivery systems \nStrengthening the ability of States, local communities, Tribal communities, and territorial entities to protect against, mitigate, or otherwise address the impact of cybersecurity risks or cybersecurity attacks that affect public health through mechanisms (including awards of grants or cooperative agreements under section 319C–2) that encourage hospitals and other facilities involved in the delivery of health care items and services to use recognized security practices meeting or exceeding the approaches promulgated under section 405(d) of the Cybersecurity Act of 2015..", "id": "HEF39F944D22146EEB1F31A661486F065", "header": "Cybersecurity resiliency of health care delivery systems", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–1(b)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-1" } ] } ], "links": [ { "text": "42 U.S.C. 300hh–1(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-1" }, { "text": "42 U.S.C. 300hh–1(b)(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-1" }, { "text": "42 U.S.C. 300hh–1(b)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-1" } ] }, { "text": "102. Protection of national security from threats \nSection 2811(f)(2)(A) of the Public Health Service Act ( 42 U.S.C. 300hh–10(f)(2)(A) ) is amended by striking $250,000,000 for each of fiscal years 2019 through 2023 and inserting $327,991,000 for each of fiscal years 2024 through 2028.", "id": "HE2E369993C25430D80C903977A1B84EA", "header": "Protection of national security from threats", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–10(f)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-10" } ] }, { "text": "103. Partnerships for State and regional hospital preparedness to improve surge capacity \n(a) Authorization of appropriations \nSection 319C–2(j)(1)(A) of the Public Health Service Act (42 U.S.C. 247d–3b(j)(1)(A)) is amended— (1) by striking is authorized to be appropriated and inserting are authorized to be appropriated ; and (2) by inserting and $500,000,000 for each of fiscal years 2024 through 2028 before the period at the end. (b) Sunset \nSection 319C–2(j)(1)(B)(iii) of the Public Health Service Act (42 U.S.C. 247d–3b(j)(1)(B)(iii)) is amended by striking 2023 and inserting 2028.", "id": "HB44D71BA14044BA19033CF80265090B0", "header": "Partnerships for State and regional hospital preparedness to improve surge capacity", "nested": [ { "text": "(a) Authorization of appropriations \nSection 319C–2(j)(1)(A) of the Public Health Service Act (42 U.S.C. 247d–3b(j)(1)(A)) is amended— (1) by striking is authorized to be appropriated and inserting are authorized to be appropriated ; and (2) by inserting and $500,000,000 for each of fiscal years 2024 through 2028 before the period at the end.", "id": "H442E595425F440A4903DA3D8B120E684", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Sunset \nSection 319C–2(j)(1)(B)(iii) of the Public Health Service Act (42 U.S.C. 247d–3b(j)(1)(B)(iii)) is amended by striking 2023 and inserting 2028.", "id": "HC181730F8E0644FF92F012005E90AFC8", "header": "Sunset", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Guidelines for regional health care emergency preparedness and response systems \n(a) Guidelines \nSection 319C–3(b)(3) of the Public Health Service Act (42 U.S.C. 247d–3c(b)(3)) is amended by striking the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 (including any amendments made by such Act) and inserting the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019, the PREVENT Pandemics Act (title II of division FF of Public Law 117–328 ), and the Protecting Pandemic and All-Hazards Preparedness Act of 2023. (b) Demonstration project for regional health care preparedness and response systems \nSection 319C–3(e)(2) of the Public Health Service Act (42 U.S.C. 247d–3c(e)(2)) is amended by striking 2023 and inserting 2028.", "id": "H9B933D8E1CFC4C219C163A034FD995AC", "header": "Guidelines for regional health care emergency preparedness and response systems", "nested": [ { "text": "(a) Guidelines \nSection 319C–3(b)(3) of the Public Health Service Act (42 U.S.C. 247d–3c(b)(3)) is amended by striking the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 (including any amendments made by such Act) and inserting the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019, the PREVENT Pandemics Act (title II of division FF of Public Law 117–328 ), and the Protecting Pandemic and All-Hazards Preparedness Act of 2023.", "id": "HD84D39AA3A6746F28D26FF37880B6CF1", "header": "Guidelines", "nested": [], "links": [ { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "(b) Demonstration project for regional health care preparedness and response systems \nSection 319C–3(e)(2) of the Public Health Service Act (42 U.S.C. 247d–3c(e)(2)) is amended by striking 2023 and inserting 2028.", "id": "H635E3CA0DA5342FCB69104FC1AC691A1", "header": "Demonstration project for regional health care preparedness and response systems", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "105. Strategic National Stockpile \n(a) Vendor-Managed inventory and warm-Based surge capacity contracts and cooperative agreements with clinical laboratories \nSection 319F–2(a)(5)(A) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(5)(A)) is amended— (1) by inserting after contracts or cooperative agreements with vendors, which may include manufacturers or distributors of medical products, the following: as well as clinical laboratories, ; and (2) in clause (ii), by striking domestic manufacturing capacity and inserting domestic manufacturing and laboratory capacity. (b) Authorization of appropriations \n(1) In general \nSection 319F–2(f) of the Public Health Service Act (42 U.S.C. 247d–6b(f)) is amended— (A) in paragraph (1), by striking $610,000,000 for each of fiscal years 2019 through 2021, and $750,000,000 for each of fiscal years 2022 and 2023 and inserting $1,963,000,000 for each of fiscal years 2024 through 2028 ; (B) by striking paragraph (2); and (C) by striking Authorization of appropriations and all that follows through For the purpose of carrying out subsection (a), there are authorized to be appropriated and inserting Authorization of appropriations.—For the purpose of carrying out subsection (a), there is authorized to be appropriated. (2) Pilot program to support State medical stockpiles \nSection 319F–2(i)(9) of the Public Health Service Act (42 U.S.C. 247d–6b(i)(9)) is amended by striking 2024 and inserting 2028.", "id": "H20539C9D239D472ABDF09CCBF9297AC2", "header": "Strategic National Stockpile", "nested": [ { "text": "(a) Vendor-Managed inventory and warm-Based surge capacity contracts and cooperative agreements with clinical laboratories \nSection 319F–2(a)(5)(A) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(5)(A)) is amended— (1) by inserting after contracts or cooperative agreements with vendors, which may include manufacturers or distributors of medical products, the following: as well as clinical laboratories, ; and (2) in clause (ii), by striking domestic manufacturing capacity and inserting domestic manufacturing and laboratory capacity.", "id": "H6750084AE5BD4E68A3C1453DE6075428", "header": "Vendor-Managed inventory and warm-Based surge capacity contracts and cooperative agreements with clinical laboratories", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \n(1) In general \nSection 319F–2(f) of the Public Health Service Act (42 U.S.C. 247d–6b(f)) is amended— (A) in paragraph (1), by striking $610,000,000 for each of fiscal years 2019 through 2021, and $750,000,000 for each of fiscal years 2022 and 2023 and inserting $1,963,000,000 for each of fiscal years 2024 through 2028 ; (B) by striking paragraph (2); and (C) by striking Authorization of appropriations and all that follows through For the purpose of carrying out subsection (a), there are authorized to be appropriated and inserting Authorization of appropriations.—For the purpose of carrying out subsection (a), there is authorized to be appropriated. (2) Pilot program to support State medical stockpiles \nSection 319F–2(i)(9) of the Public Health Service Act (42 U.S.C. 247d–6b(i)(9)) is amended by striking 2024 and inserting 2028.", "id": "H9D471212E3144BA1A890CBBD237258FF", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "106. Diagnostic testing preparedness plan \nThe Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by inserting after section 319F–5 of such Act ( 42 U.S.C. 247d–6f ) the following: 319F–6. Diagnostic testing preparedness plan \n(a) In general \nThe Secretary, acting through the Assistant Secretary for Preparedness and Response, and in consultation with the heads of relevant Federal agencies, shall develop not later than 1 year after the date of enactment of this section and update not less than every 3 years thereafter a plan for rapid development, authorization, scaling, procurement, and distribution of diagnostics and clinical and diagnostic laboratory testing capacity during a public health emergency declared under section 319. (b) Purposes \nThe purposes of the plan under subsection (a) shall be— (1) to facilitate the development and utilization of diagnostics for use with respect to a novel chemical, biological, radiological, or nuclear threat or an emerging infectious disease, including any such high-throughput laboratory diagnostic, point-of-care diagnostic, or rapid at-home or point-of-use diagnostic; and (2) to describe the processes for rapid development, authorization, scaling, procurement, and distribution of diagnostics and clinical and diagnostic laboratory testing capacity. (c) Public-Private coordination \n(1) In general \nThe Secretary, acting through the Assistant Secretary for Preparedness and Response, shall include within the plan under subsection (a) a plan for public-private coordination on national diagnostic testing during a public health emergency. (2) Contents \nThe plan under paragraph (1) shall be designed to facilitate coordination and collaboration among— (A) government agencies; and (B) critical private-sector diagnostic testing stakeholders, including private-sector clinical and diagnostic laboratories, diagnostic manufacturers, health care product distributors, and research laboratories. (d) Public availability \nThe Secretary, acting through the Assistant Secretary for Preparedness and Response, shall make the plan under subsection (a) publicly available. (e) Reports to Congress \nNot later than 1 year after commencing implementation of the plan under subsection (a) for a public health emergency, the Secretary, acting through the Assistant Secretary for Preparedness and Response, shall submit to the Congress a report evaluating the effectiveness of activities implemented under the plan..", "id": "HDE1C14AC9FFF431BB19059C10ED726D0", "header": "Diagnostic testing preparedness plan", "nested": [], "links": [ { "text": "42 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/201" }, { "text": "42 U.S.C. 247d–6f", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6f" } ] }, { "text": "319F–6. Diagnostic testing preparedness plan \n(a) In general \nThe Secretary, acting through the Assistant Secretary for Preparedness and Response, and in consultation with the heads of relevant Federal agencies, shall develop not later than 1 year after the date of enactment of this section and update not less than every 3 years thereafter a plan for rapid development, authorization, scaling, procurement, and distribution of diagnostics and clinical and diagnostic laboratory testing capacity during a public health emergency declared under section 319. (b) Purposes \nThe purposes of the plan under subsection (a) shall be— (1) to facilitate the development and utilization of diagnostics for use with respect to a novel chemical, biological, radiological, or nuclear threat or an emerging infectious disease, including any such high-throughput laboratory diagnostic, point-of-care diagnostic, or rapid at-home or point-of-use diagnostic; and (2) to describe the processes for rapid development, authorization, scaling, procurement, and distribution of diagnostics and clinical and diagnostic laboratory testing capacity. (c) Public-Private coordination \n(1) In general \nThe Secretary, acting through the Assistant Secretary for Preparedness and Response, shall include within the plan under subsection (a) a plan for public-private coordination on national diagnostic testing during a public health emergency. (2) Contents \nThe plan under paragraph (1) shall be designed to facilitate coordination and collaboration among— (A) government agencies; and (B) critical private-sector diagnostic testing stakeholders, including private-sector clinical and diagnostic laboratories, diagnostic manufacturers, health care product distributors, and research laboratories. (d) Public availability \nThe Secretary, acting through the Assistant Secretary for Preparedness and Response, shall make the plan under subsection (a) publicly available. (e) Reports to Congress \nNot later than 1 year after commencing implementation of the plan under subsection (a) for a public health emergency, the Secretary, acting through the Assistant Secretary for Preparedness and Response, shall submit to the Congress a report evaluating the effectiveness of activities implemented under the plan.", "id": "H79ADD59E12E747A1AA9D876F175BDB75", "header": "Diagnostic testing preparedness plan", "nested": [ { "text": "(a) In general \nThe Secretary, acting through the Assistant Secretary for Preparedness and Response, and in consultation with the heads of relevant Federal agencies, shall develop not later than 1 year after the date of enactment of this section and update not less than every 3 years thereafter a plan for rapid development, authorization, scaling, procurement, and distribution of diagnostics and clinical and diagnostic laboratory testing capacity during a public health emergency declared under section 319.", "id": "HB48E01A9E509409DAC96742D4FA3FD63", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe purposes of the plan under subsection (a) shall be— (1) to facilitate the development and utilization of diagnostics for use with respect to a novel chemical, biological, radiological, or nuclear threat or an emerging infectious disease, including any such high-throughput laboratory diagnostic, point-of-care diagnostic, or rapid at-home or point-of-use diagnostic; and (2) to describe the processes for rapid development, authorization, scaling, procurement, and distribution of diagnostics and clinical and diagnostic laboratory testing capacity.", "id": "H27BB3EBCE39F4A198771B12BD494D732", "header": "Purposes", "nested": [], "links": [] }, { "text": "(c) Public-Private coordination \n(1) In general \nThe Secretary, acting through the Assistant Secretary for Preparedness and Response, shall include within the plan under subsection (a) a plan for public-private coordination on national diagnostic testing during a public health emergency. (2) Contents \nThe plan under paragraph (1) shall be designed to facilitate coordination and collaboration among— (A) government agencies; and (B) critical private-sector diagnostic testing stakeholders, including private-sector clinical and diagnostic laboratories, diagnostic manufacturers, health care product distributors, and research laboratories.", "id": "H3091ADE408BA426BA2F058B2CF9B6600", "header": "Public-Private coordination", "nested": [], "links": [] }, { "text": "(d) Public availability \nThe Secretary, acting through the Assistant Secretary for Preparedness and Response, shall make the plan under subsection (a) publicly available.", "id": "H8C31A1F6942F4190BE8F81953E02C4CB", "header": "Public availability", "nested": [], "links": [] }, { "text": "(e) Reports to Congress \nNot later than 1 year after commencing implementation of the plan under subsection (a) for a public health emergency, the Secretary, acting through the Assistant Secretary for Preparedness and Response, shall submit to the Congress a report evaluating the effectiveness of activities implemented under the plan.", "id": "H47AAE23267834CD0AFC5524663B53644", "header": "Reports to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "107. Biomedical Advanced Research and Development Authority \n(a) Medical countermeasures for viral threats with pandemic potential \nSection 319L(c)(4) of the Public Health Service Act (42 U.S.C. 247d–7e(c)(4)) is amended— (1) in subparagraph (D)— (A) in clause (ii), by striking ; and and inserting a semicolon; (B) by redesignating clause (iii) as clause (v); and (C) by inserting after clause (ii) the following: (iii) the identification and development of platform manufacturing technologies needed for advanced development and manufacturing of medical countermeasures for viral families which have significant potential to cause a pandemic; (iv) advanced research and development of flexible medical countermeasures against priority respiratory virus families and other respiratory viral pathogens with a significant potential to cause a pandemic, with both pathogen-specific and pathogen-agnostic approaches; and ; and (2) in subparagraph (F)— (A) in clause (ii), by striking ; and at the end and inserting a semicolon; (B) in clause (iii), by striking the period and inserting ; and ; and (C) by adding at the end the following: (iv) priority virus families and other viral pathogens with a significant potential to cause a pandemic.. (b) Authorization of appropriations \nSection 319L(d)(2) of the Public Health Service Act (42 U.S.C. 247d–7e(d)(2)) is amended by striking $611,700,000 for each of fiscal years 2019 through 2023 and inserting $950,000,000 for each of fiscal years 2024 through 2028. (c) Inapplicability of certain provisions sunset \nSection 319L(e)(1)(D) of the Public Health Service Act (42 U.S.C. 247d–7e(e)(1)(D)) is amended by striking on the date that is 17 years after the date of enactment of the Pandemic and All-Hazards Preparedness Act and inserting on October 1, 2028.", "id": "H3356F683BF9C4731BEAE3E842D6CA4FC", "header": "Biomedical Advanced Research and Development Authority", "nested": [ { "text": "(a) Medical countermeasures for viral threats with pandemic potential \nSection 319L(c)(4) of the Public Health Service Act (42 U.S.C. 247d–7e(c)(4)) is amended— (1) in subparagraph (D)— (A) in clause (ii), by striking ; and and inserting a semicolon; (B) by redesignating clause (iii) as clause (v); and (C) by inserting after clause (ii) the following: (iii) the identification and development of platform manufacturing technologies needed for advanced development and manufacturing of medical countermeasures for viral families which have significant potential to cause a pandemic; (iv) advanced research and development of flexible medical countermeasures against priority respiratory virus families and other respiratory viral pathogens with a significant potential to cause a pandemic, with both pathogen-specific and pathogen-agnostic approaches; and ; and (2) in subparagraph (F)— (A) in clause (ii), by striking ; and at the end and inserting a semicolon; (B) in clause (iii), by striking the period and inserting ; and ; and (C) by adding at the end the following: (iv) priority virus families and other viral pathogens with a significant potential to cause a pandemic..", "id": "H8093EEBDD95E4194BBABF3277DB93C38", "header": "Medical countermeasures for viral threats with pandemic potential", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nSection 319L(d)(2) of the Public Health Service Act (42 U.S.C. 247d–7e(d)(2)) is amended by striking $611,700,000 for each of fiscal years 2019 through 2023 and inserting $950,000,000 for each of fiscal years 2024 through 2028.", "id": "H2CBD8FC41DA44D7180B082B2F4270A64", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(c) Inapplicability of certain provisions sunset \nSection 319L(e)(1)(D) of the Public Health Service Act (42 U.S.C. 247d–7e(e)(1)(D)) is amended by striking on the date that is 17 years after the date of enactment of the Pandemic and All-Hazards Preparedness Act and inserting on October 1, 2028.", "id": "H2DF4A16AE99A4E3CA7434358A09B44A5", "header": "Inapplicability of certain provisions sunset", "nested": [], "links": [] } ], "links": [] }, { "text": "108. Ensuring collaboration and coordination in medical countermeasure development \nSection 319L–1(b) of the Public Health Service Act (42 U.S.C. 274d–7f(b)) is amended by striking at the end of the 17-year period that begins on the date of enactment of this Act and inserting on October 1, 2028.", "id": "H59DBE545497C4319A22E0D93C0AA6127", "header": "Ensuring collaboration and coordination in medical countermeasure development", "nested": [], "links": [] }, { "text": "109. Review of ASPR efforts to ensure supply chain resiliency and accountability \n(a) In general \nNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall complete a review of— (1) the Supply Chain Control Tower Program (in this section referred to as the SCCT Program ) under the Administration for Strategic Preparedness and Response of the Department of Health and Human Services; and (2) any related efforts of the Administration for Strategic Preparedness and Response— (A) to create supply chain visibility into inventory, capacity, and distribution flow of certain products critical to preparedness and response efforts; (B) to provide insights into demand forecasting and modeling of certain products critical to preparedness and response efforts; or (C) to inform preparedness and response efforts by targeting distribution and coordinating supply with demand for certain products critical to preparedness and response efforts. (b) Issues \nThe review under this section shall include examination of— (1) the data being collected and maintained pursuant to the SCCT Program; (2) how the Department of Health and Human Services, acting through the Administration for Strategic Preparedness and Response, uses such data to provide supply chain visibility and address actual or potential supply gaps; (3) the extent to which such data is provided and shared with end users, including States, localities, Territories, Tribes, and industry partners; (4) the frequency and cadence of data reporting and sharing by and among States, localities, Territories, Tribes, and industry partners; (5) information related to the type and number of States, localities, Territories, Tribes, and industry partners participating in the SCCT Program; (6) the process by which States, localities, Territories, Tribes, and industry partners voluntarily choose to participate in the SCCT Program; and (7) any inefficiencies, deficiencies, or challenges related to the application or operation of the SCCT Program. (c) Report to Congress \nNot later than the deadline described in subsection (a) for the completion of the review under this section, the Comptroller General shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of such review.", "id": "H4D17EDC4CA3741C4852BF15B2B0D7CC8", "header": "Review of ASPR efforts to ensure supply chain resiliency and accountability", "nested": [ { "text": "(a) In general \nNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall complete a review of— (1) the Supply Chain Control Tower Program (in this section referred to as the SCCT Program ) under the Administration for Strategic Preparedness and Response of the Department of Health and Human Services; and (2) any related efforts of the Administration for Strategic Preparedness and Response— (A) to create supply chain visibility into inventory, capacity, and distribution flow of certain products critical to preparedness and response efforts; (B) to provide insights into demand forecasting and modeling of certain products critical to preparedness and response efforts; or (C) to inform preparedness and response efforts by targeting distribution and coordinating supply with demand for certain products critical to preparedness and response efforts.", "id": "H53D1B60A990741C08D80FF2CA3B9C847", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Issues \nThe review under this section shall include examination of— (1) the data being collected and maintained pursuant to the SCCT Program; (2) how the Department of Health and Human Services, acting through the Administration for Strategic Preparedness and Response, uses such data to provide supply chain visibility and address actual or potential supply gaps; (3) the extent to which such data is provided and shared with end users, including States, localities, Territories, Tribes, and industry partners; (4) the frequency and cadence of data reporting and sharing by and among States, localities, Territories, Tribes, and industry partners; (5) information related to the type and number of States, localities, Territories, Tribes, and industry partners participating in the SCCT Program; (6) the process by which States, localities, Territories, Tribes, and industry partners voluntarily choose to participate in the SCCT Program; and (7) any inefficiencies, deficiencies, or challenges related to the application or operation of the SCCT Program.", "id": "HA476A86E95F348B8937E48A6E11DDD5E", "header": "Issues", "nested": [], "links": [] }, { "text": "(c) Report to Congress \nNot later than the deadline described in subsection (a) for the completion of the review under this section, the Comptroller General shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of such review.", "id": "H04360E017E9647B490880A35CFA55226", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "110. Review of HHS efforts to ensure rapid production and domestic manufacturing capacity of medical countermeasures \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct and complete a review examining the efforts of the Secretary of Health and Human Services to ensure that the United States is prepared to rapidly produce qualified countermeasures (as defined in section 319F–1 of the Public Health Service Act ( 42 U.S.C. 247d–6a )) in the event of a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 274d ). (b) Contents \nThe review conducted under subsection (a) shall include a review of— (1) the efforts described in such subsection, including the Secretary’s efforts to transition from the Centers for Innovation and Advanced Drug Manufacturing program to any new efforts, including the National Biopharmaceutical Manufacturing Partnership and Industrial Base Expansion Connect; (2) the progress made toward the implementation of such efforts; and (3) the planning within the Department of Health and Human Services to assess risks and challenges associated with advanced development and manufacturing of qualified countermeasures. (c) Report to Congress \nNot later than 1 year after completing the review under subsection (a), the Comptroller General of the United States shall submit to the Congress a report containing— (1) the results of the review; and (2) the Comptroller General’s recommendations for ensuring that the United States is prepared to rapidly produce qualified countermeasures in the event of a public health emergency.", "id": "HE2B115CD84CD4D108A038649C33F88C2", "header": "Review of HHS efforts to ensure rapid production and domestic manufacturing capacity of medical countermeasures", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct and complete a review examining the efforts of the Secretary of Health and Human Services to ensure that the United States is prepared to rapidly produce qualified countermeasures (as defined in section 319F–1 of the Public Health Service Act ( 42 U.S.C. 247d–6a )) in the event of a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 274d ).", "id": "HDDE4CB8F81374C43AD2184C9E9EE7A21", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 247d–6a", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6a" }, { "text": "42 U.S.C. 274d", "legal-doc": "usc", "parsable-cite": "usc/42/274d" } ] }, { "text": "(b) Contents \nThe review conducted under subsection (a) shall include a review of— (1) the efforts described in such subsection, including the Secretary’s efforts to transition from the Centers for Innovation and Advanced Drug Manufacturing program to any new efforts, including the National Biopharmaceutical Manufacturing Partnership and Industrial Base Expansion Connect; (2) the progress made toward the implementation of such efforts; and (3) the planning within the Department of Health and Human Services to assess risks and challenges associated with advanced development and manufacturing of qualified countermeasures.", "id": "HD941834CC88C42A58DA27844D088F3E3", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Report to Congress \nNot later than 1 year after completing the review under subsection (a), the Comptroller General of the United States shall submit to the Congress a report containing— (1) the results of the review; and (2) the Comptroller General’s recommendations for ensuring that the United States is prepared to rapidly produce qualified countermeasures in the event of a public health emergency.", "id": "H21F89C42765B402EA93B53BFF61B3D9B", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 247d–6a", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6a" }, { "text": "42 U.S.C. 274d", "legal-doc": "usc", "parsable-cite": "usc/42/274d" } ] }, { "text": "111. Crisis standards of care \nNot later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Office for Civil Rights of the Department of Health and Human Services, shall issue guidance on how to develop or modify State and local crisis standards of care for use during an emergency period (as defined in section 1135(g)(1) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1) ) so as to bring such standards of care into compliance with the nondiscrimination requirements of section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ).", "id": "H5675F4F3FE7C4980BDE38620392FC133", "header": "Crisis standards of care", "nested": [], "links": [ { "text": "42 U.S.C. 1320b–5(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1320b-5" }, { "text": "29 U.S.C. 794", "legal-doc": "usc", "parsable-cite": "usc/29/794" } ] }, { "text": "201. Emergency system for advance registration of volunteer health professional \n(a) In general \nSection 319I(a) of the Public Health Service Act ( 42 U.S.C. 247d–7b ) is amended by striking Not later than 12 months after the date of enactment of the Pandemic and All-Hazards Preparedness Act, the Secretary shall link existing State verification systems to maintain and inserting The Secretary shall continue to maintain. (b) Authorization of appropriations \nSection 319I(k) of the Public Health Service Act (42 U.S.C. 247d–7b(k)) is amended by striking 2019 through 2023 and inserting 2024 through 2028.", "id": "H96C64833473E4826ABE45A86081901C6", "header": "Emergency system for advance registration of volunteer health professional", "nested": [ { "text": "(a) In general \nSection 319I(a) of the Public Health Service Act ( 42 U.S.C. 247d–7b ) is amended by striking Not later than 12 months after the date of enactment of the Pandemic and All-Hazards Preparedness Act, the Secretary shall link existing State verification systems to maintain and inserting The Secretary shall continue to maintain.", "id": "HA8CCD67F47094AD3B18C6A5332D860BB", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 247d–7b", "legal-doc": "usc", "parsable-cite": "usc/42/247d-7b" } ] }, { "text": "(b) Authorization of appropriations \nSection 319I(k) of the Public Health Service Act (42 U.S.C. 247d–7b(k)) is amended by striking 2019 through 2023 and inserting 2024 through 2028.", "id": "HEC45EA3DC36F4EA985E5BE98E1969299", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 247d–7b", "legal-doc": "usc", "parsable-cite": "usc/42/247d-7b" } ] }, { "text": "202. Military and civilian partnership for trauma readiness \nSection 1291(g) of the Public Health Service Act ( 42 U.S.C. 300d–91(g) ) is amended by striking 2019 through 2023 and inserting 2024 through 2028.", "id": "HBCD978D78A904392A461BA3B452E88CB", "header": "Military and civilian partnership for trauma readiness", "nested": [], "links": [ { "text": "42 U.S.C. 300d–91(g)", "legal-doc": "usc", "parsable-cite": "usc/42/300d-91" } ] }, { "text": "203. National advisory committees on disasters \n(a) National Advisory Committee on Children and Disasters \nSubsection (g) of section 2811A of the Public Health Service Act ( 42 U.S.C. 300hh–10b ) is amended to read as follows: (g) Sunset \n(1) In general \nThe Advisory Committee shall terminate on September 30, 2028. (2) Extension of committee \nNot later than October 1, 2027, the Secretary shall submit to Congress a recommendation on whether the Advisory Committee should be extended.. (b) National Advisory Committee on Seniors and Disasters \nSection 2811B of the Public Health Service Act ( 42 U.S.C. 300hh–10c ) is amended— (1) in subsection (d)— (A) in paragraph (1), by striking in consultation with such other heads of agencies as appropriate, shall appoint not more than 17 members and inserting in consultation with such other Secretaries as may be appropriate, shall appoint not more than 23 members ; (B) by redesignating paragraph (2) as paragraph (3); (C) by amending paragraph (3), as so redesignated— (i) in the paragraph heading, by striking Required members and inserting Required Federal members ; (ii) in the matter preceding subparagraph (A), by striking and non-Federal members, ; (iii) by striking subparagraphs (J) and (K); and (iv) by redesignating subparagraph (L) as subparagraph (J); (D) by inserting after paragraph (1) the following new paragraph: (2) Required non-Federal members \nThe Secretary, in consultation with such other heads of Federal agencies as may be appropriate, shall appoint to the Advisory Committee under paragraph (1) at least 13 individuals, including— (A) at least 4 non-Federal health care providers with expertise in geriatric medical disaster planning, preparedness, response, or recovery; (B) at least 3 representatives of State, local, Tribal, or territorial agencies with expertise in geriatric disaster planning, preparedness, response, or recovery; and (C) at least 4 non-Federal professionals with training in gerontology, including social workers, scientists, human services specialists, or other non-medical professionals, with experience in disaster planning, preparedness, response, or recovery among other adults. ; and (E) by adding at the end the following new paragraphs: (4) Term of appointment \nEach member of the Advisory Committee appointed under paragraph (2) shall serve for a term of 3 years, except that the Secretary may adjust the terms of the Advisory Committee appointees serving on the date of enactment of the Preparing for All Hazards and Pathogens Reauthorization Act , or appointees who are initially appointed after such date of enactment, in order to provide for a staggered term of appointment for all members. (5) Consecutive appointments; maximum terms \nA member appointed under paragraph (2) may serve not more than 3 terms on the Advisory Committee, and not more than 2 of such terms may be served consecutively. ; and (2) in subsection (g)— (A) in paragraph (1), by striking 2023 and inserting 2028 ; and (B) in paragraph (2), by striking 2022 and inserting 2027. (c) National Advisory Committee on Individuals with Disabilities \nSection 2811C of the Public Health Service Act ( 42 U.S.C. 300hh–10d ) is amended— (1) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; (2) by inserting after subsection (b) the following new subsection: (c) Additional duties \nThe Advisory Committee may provide advice and recommendations to the Secretary with respect to individuals with disabilities, and medical and public health grants and cooperative agreements, as applicable to preparedness and response activities under this title and title III. ; (3) in subsection (d), as so redesignated— (A) in paragraph (1), by striking in consultation with such other heads of agencies and departments as appropriate, shall appoint not more than 17 members and inserting in consultation with such other Secretaries as may be appropriate, shall appoint not more than 23 members ; (B) by redesignating paragraph (2) as paragraph (3); (C) by amending paragraph (3), as redesignated— (i) in the paragraph heading, by striking Required members and inserting Required Federal members ; (ii) in the matter preceding subparagraph (A), by striking and non-Federal members, ; (iii) by striking subparagraph (K) and inserting the following: (K) Representatives of such other Federal agencies as the Secretary determines necessary to fulfill the duties of the Advisory Committee. ; and (iv) by striking subparagraphs (L) and (M); (D) by inserting after paragraph (1) the following new paragraph: (2) Required non-Federal members \nThe Secretary, in consultation with such other heads of Federal agencies as may be appropriate, shall appoint to the Advisory Committee under paragraph (1) at least 13 individuals, including— (A) at least 4 non-Federal health care professionals with expertise in disability accessibility before, during, and after disasters, medical and mass care disaster planning, preparedness, response, or recovery; (B) at least 3 representatives from State, local, Tribal, or territorial agencies with expertise in disaster planning, preparedness, response, or recovery for individuals with disabilities; and (C) at least 4 individuals with a disability with expertise in disaster planning, preparedness, response, or recovery for individuals with disabilities. ; and (E) by adding at the end the following new paragraphs: (4) Term of appointment \nEach member of the Advisory Committee appointed under paragraph (2) shall serve for a term of 3 years, except that the Secretary may adjust the terms of the Advisory Committee appointees serving on the date of enactment of the Preparing for All Hazards and Pathogens Reauthorization Act , or appointees who are initially appointed after such date of enactment, in order to provide for a staggered term of appointment for all members. (5) Consecutive appointments; maximum terms \nA member appointed under paragraph (2) may serve not more than 3 terms on the Advisory Committee, and not more than 2 of such terms may be served consecutively. ; and (4) in subsection (g)— (A) in paragraph (1), by striking 2023 and inserting 2028 ; and (B) in paragraph (2), by striking 2022 and inserting 2027.", "id": "H953FF3EC862743C0A8B138CC2F02E3BD", "header": "National advisory committees on disasters", "nested": [ { "text": "(a) National Advisory Committee on Children and Disasters \nSubsection (g) of section 2811A of the Public Health Service Act ( 42 U.S.C. 300hh–10b ) is amended to read as follows: (g) Sunset \n(1) In general \nThe Advisory Committee shall terminate on September 30, 2028. (2) Extension of committee \nNot later than October 1, 2027, the Secretary shall submit to Congress a recommendation on whether the Advisory Committee should be extended..", "id": "H408DEECF82BA4BF09099DCA35463949A", "header": "National Advisory Committee on Children and Disasters", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–10b", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-10b" } ] }, { "text": "(b) National Advisory Committee on Seniors and Disasters \nSection 2811B of the Public Health Service Act ( 42 U.S.C. 300hh–10c ) is amended— (1) in subsection (d)— (A) in paragraph (1), by striking in consultation with such other heads of agencies as appropriate, shall appoint not more than 17 members and inserting in consultation with such other Secretaries as may be appropriate, shall appoint not more than 23 members ; (B) by redesignating paragraph (2) as paragraph (3); (C) by amending paragraph (3), as so redesignated— (i) in the paragraph heading, by striking Required members and inserting Required Federal members ; (ii) in the matter preceding subparagraph (A), by striking and non-Federal members, ; (iii) by striking subparagraphs (J) and (K); and (iv) by redesignating subparagraph (L) as subparagraph (J); (D) by inserting after paragraph (1) the following new paragraph: (2) Required non-Federal members \nThe Secretary, in consultation with such other heads of Federal agencies as may be appropriate, shall appoint to the Advisory Committee under paragraph (1) at least 13 individuals, including— (A) at least 4 non-Federal health care providers with expertise in geriatric medical disaster planning, preparedness, response, or recovery; (B) at least 3 representatives of State, local, Tribal, or territorial agencies with expertise in geriatric disaster planning, preparedness, response, or recovery; and (C) at least 4 non-Federal professionals with training in gerontology, including social workers, scientists, human services specialists, or other non-medical professionals, with experience in disaster planning, preparedness, response, or recovery among other adults. ; and (E) by adding at the end the following new paragraphs: (4) Term of appointment \nEach member of the Advisory Committee appointed under paragraph (2) shall serve for a term of 3 years, except that the Secretary may adjust the terms of the Advisory Committee appointees serving on the date of enactment of the Preparing for All Hazards and Pathogens Reauthorization Act , or appointees who are initially appointed after such date of enactment, in order to provide for a staggered term of appointment for all members. (5) Consecutive appointments; maximum terms \nA member appointed under paragraph (2) may serve not more than 3 terms on the Advisory Committee, and not more than 2 of such terms may be served consecutively. ; and (2) in subsection (g)— (A) in paragraph (1), by striking 2023 and inserting 2028 ; and (B) in paragraph (2), by striking 2022 and inserting 2027.", "id": "H6A8CA2676D8B4758A30C424F6CE54261", "header": "National Advisory Committee on Seniors and Disasters", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–10c", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-10c" } ] }, { "text": "(c) National Advisory Committee on Individuals with Disabilities \nSection 2811C of the Public Health Service Act ( 42 U.S.C. 300hh–10d ) is amended— (1) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; (2) by inserting after subsection (b) the following new subsection: (c) Additional duties \nThe Advisory Committee may provide advice and recommendations to the Secretary with respect to individuals with disabilities, and medical and public health grants and cooperative agreements, as applicable to preparedness and response activities under this title and title III. ; (3) in subsection (d), as so redesignated— (A) in paragraph (1), by striking in consultation with such other heads of agencies and departments as appropriate, shall appoint not more than 17 members and inserting in consultation with such other Secretaries as may be appropriate, shall appoint not more than 23 members ; (B) by redesignating paragraph (2) as paragraph (3); (C) by amending paragraph (3), as redesignated— (i) in the paragraph heading, by striking Required members and inserting Required Federal members ; (ii) in the matter preceding subparagraph (A), by striking and non-Federal members, ; (iii) by striking subparagraph (K) and inserting the following: (K) Representatives of such other Federal agencies as the Secretary determines necessary to fulfill the duties of the Advisory Committee. ; and (iv) by striking subparagraphs (L) and (M); (D) by inserting after paragraph (1) the following new paragraph: (2) Required non-Federal members \nThe Secretary, in consultation with such other heads of Federal agencies as may be appropriate, shall appoint to the Advisory Committee under paragraph (1) at least 13 individuals, including— (A) at least 4 non-Federal health care professionals with expertise in disability accessibility before, during, and after disasters, medical and mass care disaster planning, preparedness, response, or recovery; (B) at least 3 representatives from State, local, Tribal, or territorial agencies with expertise in disaster planning, preparedness, response, or recovery for individuals with disabilities; and (C) at least 4 individuals with a disability with expertise in disaster planning, preparedness, response, or recovery for individuals with disabilities. ; and (E) by adding at the end the following new paragraphs: (4) Term of appointment \nEach member of the Advisory Committee appointed under paragraph (2) shall serve for a term of 3 years, except that the Secretary may adjust the terms of the Advisory Committee appointees serving on the date of enactment of the Preparing for All Hazards and Pathogens Reauthorization Act , or appointees who are initially appointed after such date of enactment, in order to provide for a staggered term of appointment for all members. (5) Consecutive appointments; maximum terms \nA member appointed under paragraph (2) may serve not more than 3 terms on the Advisory Committee, and not more than 2 of such terms may be served consecutively. ; and (4) in subsection (g)— (A) in paragraph (1), by striking 2023 and inserting 2028 ; and (B) in paragraph (2), by striking 2022 and inserting 2027.", "id": "HF186215BFF4141C3AB543501F829004D", "header": "National Advisory Committee on Individuals with Disabilities", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–10d", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-10d" } ] } ], "links": [ { "text": "42 U.S.C. 300hh–10b", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-10b" }, { "text": "42 U.S.C. 300hh–10c", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-10c" }, { "text": "42 U.S.C. 300hh–10d", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-10d" } ] }, { "text": "204. National Disaster Medical System \n(a) Elimination of sunset of authority To make certain appointments for National Disaster Medical System \nSection 2812(c)(4) of the Public Health Service Act ( 42 U.S.C. 300hh–11(c)(4) ) is amended— (1) by striking (A) In general. —If the Secretary determines and inserting If the Secretary determines ; and (2) by striking subparagraph (B). (b) Authorization of appropriations \nSection 2812(g) of the Public Health Service Act ( 42 U.S.C. 300hh–11(g) ) is amended by striking $57,400,000 for each of fiscal years 2019 through 2023 and inserting $96,904,000 for each of fiscal years 2024 through 2028.", "id": "H11240BD8DC084E75A7DA34D88CE6499F", "header": "National Disaster Medical System", "nested": [ { "text": "(a) Elimination of sunset of authority To make certain appointments for National Disaster Medical System \nSection 2812(c)(4) of the Public Health Service Act ( 42 U.S.C. 300hh–11(c)(4) ) is amended— (1) by striking (A) In general. —If the Secretary determines and inserting If the Secretary determines ; and (2) by striking subparagraph (B).", "id": "HDA2E5614C9814271B5ED61046EBE8305", "header": "Elimination of sunset of authority To make certain appointments for National Disaster Medical System", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–11(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-11" } ] }, { "text": "(b) Authorization of appropriations \nSection 2812(g) of the Public Health Service Act ( 42 U.S.C. 300hh–11(g) ) is amended by striking $57,400,000 for each of fiscal years 2019 through 2023 and inserting $96,904,000 for each of fiscal years 2024 through 2028.", "id": "H5EF6F50F35EC48378F77B3284DFF41CF", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–11(g)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-11" } ] } ], "links": [ { "text": "42 U.S.C. 300hh–11(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-11" }, { "text": "42 U.S.C. 300hh–11(g)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-11" } ] }, { "text": "205. Volunteer Medical Reserve Corps \nSection 2813(i) of the Public Health Service Act ( 42 U.S.C. 300hh–15(i) ) is amended by striking 2019 through 2023 and inserting 2024 through 2028.", "id": "HE977F759A3474B4099BE8998EA8F3256", "header": "Volunteer Medical Reserve Corps", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–15(i)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-15" } ] }, { "text": "301. Improving State and local public health security \n(a) Authorization of appropriations \nSection 319C–1(h)(1)(A) of the Public Health Service Act (42 U.S.C. 247d–3a(h)(1)(A)) is amended by striking $685,000,000 for each of fiscal years 2019 through 2023 and inserting $1,000,000,000 for each of fiscal years 2024 through 2028. (b) Elimination of deadwood \nSection 319C–1(h) of the Public Health Service Act (42 U.S.C. 247d–3a(h)) is amended— (1) by striking paragraphs (4) and (5); and (2) by redesignating paragraphs (6) and (7) as paragraphs (4) and (5).", "id": "HEDC64260F33F4E13A9EAC42F9EFCDAC7", "header": "Improving State and local public health security", "nested": [ { "text": "(a) Authorization of appropriations \nSection 319C–1(h)(1)(A) of the Public Health Service Act (42 U.S.C. 247d–3a(h)(1)(A)) is amended by striking $685,000,000 for each of fiscal years 2019 through 2023 and inserting $1,000,000,000 for each of fiscal years 2024 through 2028.", "id": "HF123251FD4D540F39208FA496BCACA99", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Elimination of deadwood \nSection 319C–1(h) of the Public Health Service Act (42 U.S.C. 247d–3a(h)) is amended— (1) by striking paragraphs (4) and (5); and (2) by redesignating paragraphs (6) and (7) as paragraphs (4) and (5).", "id": "HC0F9843AA47E40018FA6ED13EC30E571", "header": "Elimination of deadwood", "nested": [], "links": [] } ], "links": [] }, { "text": "302. Facilities and capacities of the Centers for Disease Control and Prevention to combat public health security threats \n(a) Study \nSection 319D(a)(4) of the Public Health Service Act ( 42 U.S.C. 247d–4(a)(4) ) is amended by striking Not later than June 1, 2022, the Comptroller General of the United States shall conduct a study on Federal spending in fiscal years 2013 through 2018 and inserting Not later than June 1, 2027, the Comptroller General of the United States shall conduct a study on Federal spending in fiscal years 2021 through 2026. (b) Authorization of appropriations \nSection 319D(h) of the Public Health Service Act ( 42 U.S.C. 247d–4(h) ) is amended— (1) in paragraph (1), by striking $25,000,000 for each of fiscal years 2022 and 2023 and inserting $40,000,000 for each of fiscal years 2024 through 2028 ; and (2) in paragraph (2), by striking 2022 and 2023 and inserting 2024 through 2028.", "id": "H811F0B9502374F8CA44C04652065CD12", "header": "Facilities and capacities of the Centers for Disease Control and Prevention to combat public health security threats", "nested": [ { "text": "(a) Study \nSection 319D(a)(4) of the Public Health Service Act ( 42 U.S.C. 247d–4(a)(4) ) is amended by striking Not later than June 1, 2022, the Comptroller General of the United States shall conduct a study on Federal spending in fiscal years 2013 through 2018 and inserting Not later than June 1, 2027, the Comptroller General of the United States shall conduct a study on Federal spending in fiscal years 2021 through 2026.", "id": "H0CDA0412557F4C3885028CE433DF5362", "header": "Study", "nested": [], "links": [ { "text": "42 U.S.C. 247d–4(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/247d-4" } ] }, { "text": "(b) Authorization of appropriations \nSection 319D(h) of the Public Health Service Act ( 42 U.S.C. 247d–4(h) ) is amended— (1) in paragraph (1), by striking $25,000,000 for each of fiscal years 2022 and 2023 and inserting $40,000,000 for each of fiscal years 2024 through 2028 ; and (2) in paragraph (2), by striking 2022 and 2023 and inserting 2024 through 2028.", "id": "H35EE332700A14E14A4362879484F7A74", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "42 U.S.C. 247d–4(h)", "legal-doc": "usc", "parsable-cite": "usc/42/247d-4" } ] } ], "links": [ { "text": "42 U.S.C. 247d–4(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/247d-4" }, { "text": "42 U.S.C. 247d–4(h)", "legal-doc": "usc", "parsable-cite": "usc/42/247d-4" } ] }, { "text": "303. Monitoring and distribution of certain medical countermeasures \nSection 319A(e) of the Public Health Service Act ( 42 U.S.C. 247d–1(e) ) is amended by striking 2019 through 2023 and inserting 2024 through 2028.", "id": "HCA79BE4D146748A5BE699DDD2ACF8905", "header": "Monitoring and distribution of certain medical countermeasures", "nested": [], "links": [ { "text": "42 U.S.C. 247d–1(e)", "legal-doc": "usc", "parsable-cite": "usc/42/247d-1" } ] }, { "text": "304. Enhanced control of dangerous biological agents and toxins \nSection 351A(m) of the Public Health Service Act ( 42 U.S.C. 262a(m) ) is amended by striking 2027 and inserting 2028.", "id": "H76BED0316CBA49C29A05C8967D6A4A26", "header": "Enhanced control of dangerous biological agents and toxins", "nested": [], "links": [ { "text": "42 U.S.C. 262a(m)", "legal-doc": "usc", "parsable-cite": "usc/42/262a" } ] }, { "text": "305. Mosquito-borne diseases \nSection 317S(f) of the Public Health Service Act ( 42 U.S.C. 247b–21(f) ) is amended— (1) in paragraph (1), by striking 2019 through 2023 and inserting 2024 through 2028 ; and (2) by striking paragraph (3).", "id": "H7DF821180ACC46C685E33C34119233A8", "header": "Mosquito-borne diseases", "nested": [], "links": [ { "text": "42 U.S.C. 247b–21(f)", "legal-doc": "usc", "parsable-cite": "usc/42/247b-21" } ] }, { "text": "306. Epidemiology-laboratory capacity \nSection 2821(b) ( 42 U.S.C. 300hh–31(b) ) is amended by striking 2019 through 2023 and inserting 2024 through 2028.", "id": "HF32A8EBEDFFE4C4C8F58384CB5D9C953", "header": "Epidemiology-laboratory capacity", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–31(b)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-31" } ] }, { "text": "307. Supporting public health data availability and access \n(a) Designation of public health data standards \nSection 2823(a)(2) of the Public Health Service Act ( 42 U.S.C. 300hh–33(a)(2) ) is amended by adding at the end the following: (D) Selection of data and technology standards \nThe standards designated as described in subparagraph (A) may include standards to improve— (i) the exchange of electronic health information for— (I) electronic case reporting; (II) syndromic surveillance; (III) reporting of vital statistics; and (IV) reporting test orders and results electronically, including from laboratories; (ii) automated electronic reporting to relevant public health data systems of the Centers for Disease Control and Prevention; and (iii) such other uses as the Secretary determines appropriate. (E) Considerations \nStandards designated under this paragraph shall include standards and implementation specifications necessary to ensure the appropriate capture, exchange, access, and use of information regarding race, ethnicity, sex (including sexual orientation and gender identity), disability status, veteran status, housing status, age, functional status, and other elements.. (b) Improving information sharing and availability of public health data \nSection 310B of the Public Health Service Act ( 42 U.S.C. 242u ) is amended to read as follows: 310B. Improving information sharing and availability of public health data \n(a) In general \nThe Secretary acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the Secretary ) may require the reporting of public health and health care data and information to the Centers for Disease Control and Prevention by— (1) health care providers and facilities, including pharmacies; (2) public health, clinical, and other laboratories and diagnostic testing entities; (3) State, local, and Tribal health departments; and (4) other entities, as determined appropriate by the Secretary. (b) Content, form, manner, and frequency \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments and other entities on determining the content, form, manner, and frequency of the reporting of public health and health care data and information required pursuant to subsection (a). (2) Simultaneous reporting \nIn determining the content, form, manner, and frequency of the reporting of public health and health care data and information pursuant to subsection (a), where a disease, condition, or related event is reportable under applicable State or local law, the Secretary shall require the data and information to be reported first or simultaneously to the appropriate State or local jurisdiction. (3) Alignment with standards and implementation specifications \nThe content, form, manner, and frequency requirements required pursuant to this section shall align with the standards and implementation specifications adopted by the Secretary under section 3004, where applicable. (4) Reasonable efforts to limit reporting \nThe Secretary shall make reasonable efforts to limit the public health and health care data and information required to be reported under this section to the minimum necessary to accomplish the intended public health purpose. (5) Implementation and regulations \nThe Secretary— (A) may promulgate by regulation the content, form, manner, and frequency in which public health and health care data and information is required to be reported under this section; and (B) in the event of a public health emergency declared under section 319, or where the Secretary determines there is a significant potential for such an emergency to exist, may issue such requirements— (i) by guidance in accordance with this section; and (ii) without regard to the procedures otherwise required by section 553 of title 5, United States Code. (c) Ensuring that data is accessible in a timely manner to State, local, and Tribal health authorities \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments, and entities representing such departments, to ensure that data and information that is collected by the Centers for Disease Control and Prevention pursuant to this section are accessible, as appropriate, in a timely manner, to State, local, and Tribal health authorities. (2) Rules of construction \nNothing in this section shall be construed— (A) to prevent any Federal agency, State, local, or Tribal health department, or other entity from collecting data or information under other applicable law; or (B) to limit the authority of the Centers for Disease Control and Prevention to share public health surveillance data with State, local, or Tribal health authorities. (3) Reasonable efforts to reduce reporting burdens and potential duplication \nThe Secretary shall make reasonable efforts to collaborate with representatives of Federal agencies and State, local, and Tribal health departments to reduce reporting burdens and potential duplication of reporting requirements. Such efforts may include ensuring simultaneous sharing of data and information described in subsection (b) with State, local, and Tribal public health authorities. (d) Confidentiality and protection of data \nAny identifiable, sensitive information reported to the Centers for Disease Control and Prevention pursuant to this section shall not be further disclosed or provided to any other individual or party, including any party involved in civil, criminal, or administrative litigation, except— (1) as necessary for public health purposes, including with relevant Federal, State, local, or tribal public health authorities; (2) as required under section 552a(d)(1) of title 5, United States Code; (3) as required by applicable Federal laws, excluding instances of disclosure in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding; or (4) with the consent of each individual to whom the information pertains. (e) Exemption of certain public health data from disclosure \nThe Secretary may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health and health care data and information collected by the Centers for Disease Control and Prevention pursuant to this section or any other authority under which the Centers collects public health or health care data and information if— (1) an individual is identified through such data or information; or (2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the data or information, the request for disclosure under such section 552(b)(3), and other available data sources or the application of technology could be used to deduce the identity of the individuals to which such data or information pertains.. (c) Public Health Information Sharing and Availability Advisory Committee \nPart A of title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: 310C. Public Health Information Sharing and Availability Advisory Committee \n(a) Establishment \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee, to be known as the Public Health Information Sharing and Availability Advisory Committee, to advise, and make recommendations to, the Director with respect to the implementation of public health and health care data and information reporting and sharing under section 310B. (b) Membership \nThe membership of the advisory committee established pursuant to this section shall include— (1) individuals with subject matter expertise or experience in the following areas of public health and health care data and information, including— (A) State, territorial, local, and Tribal health department data systems or practices; and (B) health care data; (2) ex officio members, including from relevant Federal agencies such as the Office of the National Coordinator for Health Information Technology, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, and the Office of the Assistant Secretary for Health; (3) representatives of national organizations, including the Council of State and Territorial Epidemiologists, the Association of Public Health Laboratories, the Association of State and Territorial Health Officials, the National Association of County and City Health Officials, and the Big Cities Health Coalition; and (4) such additional members as the Secretary determines appropriate. (c) FACA applicability \nThe advisory committee established pursuant to this section is deemed to be an advisory committee subject to the Federal Advisory Committee Act.. (d) Improving public health data collection \n(1) In general \nThe Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall award grants, contracts, or cooperative agreements to eligible entities for purposes of identifying, developing, or disseminating best practices in the collection of electronic health information and the use of designated data standards and implementation specifications— (A) to improve the quality and completeness of data, including demographic data, collected, accessed, or used for public health purposes; and (B) to address health disparities and related health outcomes. (2) Eligible entities \nTo be eligible to receive an award under this subsection an entity shall— (A) be a health care provider, academic medical center, community-based organization, State, local governmental entity, 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 )), Urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )), or other appropriate public or private nonprofit entity, or a consortia of any such entities; and (B) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Activities \nEntities receiving awards under this subsection shall use such award to develop and test best practices for training health care providers to use standards and implementation specifications that assist in the capture, access, exchange, and use of electronic health information, including demographic information, disability status, veteran status, housing status, functional status, and other data elements. Such activities shall, at a minimum, include— (A) improving, understanding, and using data standards and implementation specifications; (B) developing or identifying methods to improve communication with patients in a culturally and linguistically appropriate manner, including to better capture information related to demographics of such individuals; (C) developing methods for accurately categorizing and recording patient responses using available data standards; (D) educating providers regarding the utility of such information for public health purposes and the importance of accurate collection and recording of such data; and (E) other activities, as the Secretary determines appropriate. (4) Reporting \n(A) Reporting by award recipients \nEach recipient of an award under this subsection shall submit to the Secretary a report on the results of best practices identified, developed, or disseminated through such award. (B) Report to congress \nNot later than 1 year after the completion of the program under this subsection, the Secretary shall submit a report to Congress on the success of the best practices developed under such program, opportunities for further dissemination of such best practices, and recommendations for improving the capture, access, exchange, and use of information to improve public health and reduce health disparities. (5) Nonduplication of efforts \nThe Secretary shall ensure that the activities and programs carried out under this subsection are free of unnecessary duplication of effort. (6) Authorization of appropriations \nThere is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2026 to carry out this subsection. (e) Information collection \nSection 319D(a) of the Public Health Service Act ( 42 U.S.C. 247d–4(a) ) is amended by adding at the end the following: (5) Information collection \nSubchapter I of chapter 35 of title 44, United States Code, shall not apply to information collection by the Centers for Disease Control and Prevention, including the Agency for Toxic Substances and Disease Registry, that are part of investigations, research, surveillance, or evaluations undertaken for public health purposes under any available authority..", "id": "H6F94422FD41D466C8417CEE4D10A9956", "header": "Supporting public health data availability and access", "nested": [ { "text": "(a) Designation of public health data standards \nSection 2823(a)(2) of the Public Health Service Act ( 42 U.S.C. 300hh–33(a)(2) ) is amended by adding at the end the following: (D) Selection of data and technology standards \nThe standards designated as described in subparagraph (A) may include standards to improve— (i) the exchange of electronic health information for— (I) electronic case reporting; (II) syndromic surveillance; (III) reporting of vital statistics; and (IV) reporting test orders and results electronically, including from laboratories; (ii) automated electronic reporting to relevant public health data systems of the Centers for Disease Control and Prevention; and (iii) such other uses as the Secretary determines appropriate. (E) Considerations \nStandards designated under this paragraph shall include standards and implementation specifications necessary to ensure the appropriate capture, exchange, access, and use of information regarding race, ethnicity, sex (including sexual orientation and gender identity), disability status, veteran status, housing status, age, functional status, and other elements..", "id": "H7014623A659747CC9DABDBE803BC7B16", "header": "Designation of public health data standards", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–33(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-33" } ] }, { "text": "(b) Improving information sharing and availability of public health data \nSection 310B of the Public Health Service Act ( 42 U.S.C. 242u ) is amended to read as follows: 310B. Improving information sharing and availability of public health data \n(a) In general \nThe Secretary acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the Secretary ) may require the reporting of public health and health care data and information to the Centers for Disease Control and Prevention by— (1) health care providers and facilities, including pharmacies; (2) public health, clinical, and other laboratories and diagnostic testing entities; (3) State, local, and Tribal health departments; and (4) other entities, as determined appropriate by the Secretary. (b) Content, form, manner, and frequency \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments and other entities on determining the content, form, manner, and frequency of the reporting of public health and health care data and information required pursuant to subsection (a). (2) Simultaneous reporting \nIn determining the content, form, manner, and frequency of the reporting of public health and health care data and information pursuant to subsection (a), where a disease, condition, or related event is reportable under applicable State or local law, the Secretary shall require the data and information to be reported first or simultaneously to the appropriate State or local jurisdiction. (3) Alignment with standards and implementation specifications \nThe content, form, manner, and frequency requirements required pursuant to this section shall align with the standards and implementation specifications adopted by the Secretary under section 3004, where applicable. (4) Reasonable efforts to limit reporting \nThe Secretary shall make reasonable efforts to limit the public health and health care data and information required to be reported under this section to the minimum necessary to accomplish the intended public health purpose. (5) Implementation and regulations \nThe Secretary— (A) may promulgate by regulation the content, form, manner, and frequency in which public health and health care data and information is required to be reported under this section; and (B) in the event of a public health emergency declared under section 319, or where the Secretary determines there is a significant potential for such an emergency to exist, may issue such requirements— (i) by guidance in accordance with this section; and (ii) without regard to the procedures otherwise required by section 553 of title 5, United States Code. (c) Ensuring that data is accessible in a timely manner to State, local, and Tribal health authorities \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments, and entities representing such departments, to ensure that data and information that is collected by the Centers for Disease Control and Prevention pursuant to this section are accessible, as appropriate, in a timely manner, to State, local, and Tribal health authorities. (2) Rules of construction \nNothing in this section shall be construed— (A) to prevent any Federal agency, State, local, or Tribal health department, or other entity from collecting data or information under other applicable law; or (B) to limit the authority of the Centers for Disease Control and Prevention to share public health surveillance data with State, local, or Tribal health authorities. (3) Reasonable efforts to reduce reporting burdens and potential duplication \nThe Secretary shall make reasonable efforts to collaborate with representatives of Federal agencies and State, local, and Tribal health departments to reduce reporting burdens and potential duplication of reporting requirements. Such efforts may include ensuring simultaneous sharing of data and information described in subsection (b) with State, local, and Tribal public health authorities. (d) Confidentiality and protection of data \nAny identifiable, sensitive information reported to the Centers for Disease Control and Prevention pursuant to this section shall not be further disclosed or provided to any other individual or party, including any party involved in civil, criminal, or administrative litigation, except— (1) as necessary for public health purposes, including with relevant Federal, State, local, or tribal public health authorities; (2) as required under section 552a(d)(1) of title 5, United States Code; (3) as required by applicable Federal laws, excluding instances of disclosure in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding; or (4) with the consent of each individual to whom the information pertains. (e) Exemption of certain public health data from disclosure \nThe Secretary may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health and health care data and information collected by the Centers for Disease Control and Prevention pursuant to this section or any other authority under which the Centers collects public health or health care data and information if— (1) an individual is identified through such data or information; or (2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the data or information, the request for disclosure under such section 552(b)(3), and other available data sources or the application of technology could be used to deduce the identity of the individuals to which such data or information pertains..", "id": "HAA7FF4807F2C4254AACA8049D2DEA40F", "header": "Improving information sharing and availability of public health data", "nested": [], "links": [ { "text": "42 U.S.C. 242u", "legal-doc": "usc", "parsable-cite": "usc/42/242u" } ] }, { "text": "(c) Public Health Information Sharing and Availability Advisory Committee \nPart A of title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: 310C. Public Health Information Sharing and Availability Advisory Committee \n(a) Establishment \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee, to be known as the Public Health Information Sharing and Availability Advisory Committee, to advise, and make recommendations to, the Director with respect to the implementation of public health and health care data and information reporting and sharing under section 310B. (b) Membership \nThe membership of the advisory committee established pursuant to this section shall include— (1) individuals with subject matter expertise or experience in the following areas of public health and health care data and information, including— (A) State, territorial, local, and Tribal health department data systems or practices; and (B) health care data; (2) ex officio members, including from relevant Federal agencies such as the Office of the National Coordinator for Health Information Technology, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, and the Office of the Assistant Secretary for Health; (3) representatives of national organizations, including the Council of State and Territorial Epidemiologists, the Association of Public Health Laboratories, the Association of State and Territorial Health Officials, the National Association of County and City Health Officials, and the Big Cities Health Coalition; and (4) such additional members as the Secretary determines appropriate. (c) FACA applicability \nThe advisory committee established pursuant to this section is deemed to be an advisory committee subject to the Federal Advisory Committee Act..", "id": "HF71D4C36759C43B3AF428B546FF9407A", "header": "Public Health Information Sharing and Availability Advisory Committee", "nested": [], "links": [ { "text": "42 U.S.C. 241 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/241" } ] }, { "text": "(d) Improving public health data collection \n(1) In general \nThe Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall award grants, contracts, or cooperative agreements to eligible entities for purposes of identifying, developing, or disseminating best practices in the collection of electronic health information and the use of designated data standards and implementation specifications— (A) to improve the quality and completeness of data, including demographic data, collected, accessed, or used for public health purposes; and (B) to address health disparities and related health outcomes. (2) Eligible entities \nTo be eligible to receive an award under this subsection an entity shall— (A) be a health care provider, academic medical center, community-based organization, State, local governmental entity, 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 )), Urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )), or other appropriate public or private nonprofit entity, or a consortia of any such entities; and (B) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Activities \nEntities receiving awards under this subsection shall use such award to develop and test best practices for training health care providers to use standards and implementation specifications that assist in the capture, access, exchange, and use of electronic health information, including demographic information, disability status, veteran status, housing status, functional status, and other data elements. Such activities shall, at a minimum, include— (A) improving, understanding, and using data standards and implementation specifications; (B) developing or identifying methods to improve communication with patients in a culturally and linguistically appropriate manner, including to better capture information related to demographics of such individuals; (C) developing methods for accurately categorizing and recording patient responses using available data standards; (D) educating providers regarding the utility of such information for public health purposes and the importance of accurate collection and recording of such data; and (E) other activities, as the Secretary determines appropriate. (4) Reporting \n(A) Reporting by award recipients \nEach recipient of an award under this subsection shall submit to the Secretary a report on the results of best practices identified, developed, or disseminated through such award. (B) Report to congress \nNot later than 1 year after the completion of the program under this subsection, the Secretary shall submit a report to Congress on the success of the best practices developed under such program, opportunities for further dissemination of such best practices, and recommendations for improving the capture, access, exchange, and use of information to improve public health and reduce health disparities. (5) Nonduplication of efforts \nThe Secretary shall ensure that the activities and programs carried out under this subsection are free of unnecessary duplication of effort. (6) Authorization of appropriations \nThere is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2026 to carry out this subsection.", "id": "HFB9487CD45FA451594E40421B67CA400", "header": "Improving public health data collection", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 1603", "legal-doc": "usc", "parsable-cite": "usc/25/1603" } ] }, { "text": "(e) Information collection \nSection 319D(a) of the Public Health Service Act ( 42 U.S.C. 247d–4(a) ) is amended by adding at the end the following: (5) Information collection \nSubchapter I of chapter 35 of title 44, United States Code, shall not apply to information collection by the Centers for Disease Control and Prevention, including the Agency for Toxic Substances and Disease Registry, that are part of investigations, research, surveillance, or evaluations undertaken for public health purposes under any available authority..", "id": "HC507FE40987A4586A23BD565EC255D3A", "header": "Information collection", "nested": [], "links": [ { "text": "42 U.S.C. 247d–4(a)", "legal-doc": "usc", "parsable-cite": "usc/42/247d-4" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] } ], "links": [ { "text": "42 U.S.C. 300hh–33(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-33" }, { "text": "42 U.S.C. 242u", "legal-doc": "usc", "parsable-cite": "usc/42/242u" }, { "text": "42 U.S.C. 241 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/241" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 1603", "legal-doc": "usc", "parsable-cite": "usc/25/1603" }, { "text": "42 U.S.C. 247d–4(a)", "legal-doc": "usc", "parsable-cite": "usc/42/247d-4" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "310B. Improving information sharing and availability of public health data \n(a) In general \nThe Secretary acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the Secretary ) may require the reporting of public health and health care data and information to the Centers for Disease Control and Prevention by— (1) health care providers and facilities, including pharmacies; (2) public health, clinical, and other laboratories and diagnostic testing entities; (3) State, local, and Tribal health departments; and (4) other entities, as determined appropriate by the Secretary. (b) Content, form, manner, and frequency \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments and other entities on determining the content, form, manner, and frequency of the reporting of public health and health care data and information required pursuant to subsection (a). (2) Simultaneous reporting \nIn determining the content, form, manner, and frequency of the reporting of public health and health care data and information pursuant to subsection (a), where a disease, condition, or related event is reportable under applicable State or local law, the Secretary shall require the data and information to be reported first or simultaneously to the appropriate State or local jurisdiction. (3) Alignment with standards and implementation specifications \nThe content, form, manner, and frequency requirements required pursuant to this section shall align with the standards and implementation specifications adopted by the Secretary under section 3004, where applicable. (4) Reasonable efforts to limit reporting \nThe Secretary shall make reasonable efforts to limit the public health and health care data and information required to be reported under this section to the minimum necessary to accomplish the intended public health purpose. (5) Implementation and regulations \nThe Secretary— (A) may promulgate by regulation the content, form, manner, and frequency in which public health and health care data and information is required to be reported under this section; and (B) in the event of a public health emergency declared under section 319, or where the Secretary determines there is a significant potential for such an emergency to exist, may issue such requirements— (i) by guidance in accordance with this section; and (ii) without regard to the procedures otherwise required by section 553 of title 5, United States Code. (c) Ensuring that data is accessible in a timely manner to State, local, and Tribal health authorities \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments, and entities representing such departments, to ensure that data and information that is collected by the Centers for Disease Control and Prevention pursuant to this section are accessible, as appropriate, in a timely manner, to State, local, and Tribal health authorities. (2) Rules of construction \nNothing in this section shall be construed— (A) to prevent any Federal agency, State, local, or Tribal health department, or other entity from collecting data or information under other applicable law; or (B) to limit the authority of the Centers for Disease Control and Prevention to share public health surveillance data with State, local, or Tribal health authorities. (3) Reasonable efforts to reduce reporting burdens and potential duplication \nThe Secretary shall make reasonable efforts to collaborate with representatives of Federal agencies and State, local, and Tribal health departments to reduce reporting burdens and potential duplication of reporting requirements. Such efforts may include ensuring simultaneous sharing of data and information described in subsection (b) with State, local, and Tribal public health authorities. (d) Confidentiality and protection of data \nAny identifiable, sensitive information reported to the Centers for Disease Control and Prevention pursuant to this section shall not be further disclosed or provided to any other individual or party, including any party involved in civil, criminal, or administrative litigation, except— (1) as necessary for public health purposes, including with relevant Federal, State, local, or tribal public health authorities; (2) as required under section 552a(d)(1) of title 5, United States Code; (3) as required by applicable Federal laws, excluding instances of disclosure in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding; or (4) with the consent of each individual to whom the information pertains. (e) Exemption of certain public health data from disclosure \nThe Secretary may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health and health care data and information collected by the Centers for Disease Control and Prevention pursuant to this section or any other authority under which the Centers collects public health or health care data and information if— (1) an individual is identified through such data or information; or (2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the data or information, the request for disclosure under such section 552(b)(3), and other available data sources or the application of technology could be used to deduce the identity of the individuals to which such data or information pertains.", "id": "H0ADD803DBAC840E3ACCEAA5A1FF3786B", "header": "Improving information sharing and availability of public health data", "nested": [ { "text": "(a) In general \nThe Secretary acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the Secretary ) may require the reporting of public health and health care data and information to the Centers for Disease Control and Prevention by— (1) health care providers and facilities, including pharmacies; (2) public health, clinical, and other laboratories and diagnostic testing entities; (3) State, local, and Tribal health departments; and (4) other entities, as determined appropriate by the Secretary.", "id": "HBFFD8F0AB25A49E8A1AEA7601DB1E9B0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Content, form, manner, and frequency \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments and other entities on determining the content, form, manner, and frequency of the reporting of public health and health care data and information required pursuant to subsection (a). (2) Simultaneous reporting \nIn determining the content, form, manner, and frequency of the reporting of public health and health care data and information pursuant to subsection (a), where a disease, condition, or related event is reportable under applicable State or local law, the Secretary shall require the data and information to be reported first or simultaneously to the appropriate State or local jurisdiction. (3) Alignment with standards and implementation specifications \nThe content, form, manner, and frequency requirements required pursuant to this section shall align with the standards and implementation specifications adopted by the Secretary under section 3004, where applicable. (4) Reasonable efforts to limit reporting \nThe Secretary shall make reasonable efforts to limit the public health and health care data and information required to be reported under this section to the minimum necessary to accomplish the intended public health purpose. (5) Implementation and regulations \nThe Secretary— (A) may promulgate by regulation the content, form, manner, and frequency in which public health and health care data and information is required to be reported under this section; and (B) in the event of a public health emergency declared under section 319, or where the Secretary determines there is a significant potential for such an emergency to exist, may issue such requirements— (i) by guidance in accordance with this section; and (ii) without regard to the procedures otherwise required by section 553 of title 5, United States Code.", "id": "H876F00BDBE7A40BE91604C569ADA7636", "header": "Content, form, manner, and frequency", "nested": [], "links": [] }, { "text": "(c) Ensuring that data is accessible in a timely manner to State, local, and Tribal health authorities \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments, and entities representing such departments, to ensure that data and information that is collected by the Centers for Disease Control and Prevention pursuant to this section are accessible, as appropriate, in a timely manner, to State, local, and Tribal health authorities. (2) Rules of construction \nNothing in this section shall be construed— (A) to prevent any Federal agency, State, local, or Tribal health department, or other entity from collecting data or information under other applicable law; or (B) to limit the authority of the Centers for Disease Control and Prevention to share public health surveillance data with State, local, or Tribal health authorities. (3) Reasonable efforts to reduce reporting burdens and potential duplication \nThe Secretary shall make reasonable efforts to collaborate with representatives of Federal agencies and State, local, and Tribal health departments to reduce reporting burdens and potential duplication of reporting requirements. Such efforts may include ensuring simultaneous sharing of data and information described in subsection (b) with State, local, and Tribal public health authorities.", "id": "H0B8196F5D69344AFB6AD9A3EFFE8BB3B", "header": "Ensuring that data is accessible in a timely manner to State, local, and Tribal health authorities", "nested": [], "links": [] }, { "text": "(d) Confidentiality and protection of data \nAny identifiable, sensitive information reported to the Centers for Disease Control and Prevention pursuant to this section shall not be further disclosed or provided to any other individual or party, including any party involved in civil, criminal, or administrative litigation, except— (1) as necessary for public health purposes, including with relevant Federal, State, local, or tribal public health authorities; (2) as required under section 552a(d)(1) of title 5, United States Code; (3) as required by applicable Federal laws, excluding instances of disclosure in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding; or (4) with the consent of each individual to whom the information pertains.", "id": "HEE56B21DA80C42CF9CC9B60904FD576A", "header": "Confidentiality and protection of data", "nested": [], "links": [] }, { "text": "(e) Exemption of certain public health data from disclosure \nThe Secretary may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health and health care data and information collected by the Centers for Disease Control and Prevention pursuant to this section or any other authority under which the Centers collects public health or health care data and information if— (1) an individual is identified through such data or information; or (2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the data or information, the request for disclosure under such section 552(b)(3), and other available data sources or the application of technology could be used to deduce the identity of the individuals to which such data or information pertains.", "id": "H2180BAE7BEA345F1BA0EA1529082F7DF", "header": "Exemption of certain public health data from disclosure", "nested": [], "links": [] } ], "links": [] }, { "text": "310C. Public Health Information Sharing and Availability Advisory Committee \n(a) Establishment \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee, to be known as the Public Health Information Sharing and Availability Advisory Committee, to advise, and make recommendations to, the Director with respect to the implementation of public health and health care data and information reporting and sharing under section 310B. (b) Membership \nThe membership of the advisory committee established pursuant to this section shall include— (1) individuals with subject matter expertise or experience in the following areas of public health and health care data and information, including— (A) State, territorial, local, and Tribal health department data systems or practices; and (B) health care data; (2) ex officio members, including from relevant Federal agencies such as the Office of the National Coordinator for Health Information Technology, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, and the Office of the Assistant Secretary for Health; (3) representatives of national organizations, including the Council of State and Territorial Epidemiologists, the Association of Public Health Laboratories, the Association of State and Territorial Health Officials, the National Association of County and City Health Officials, and the Big Cities Health Coalition; and (4) such additional members as the Secretary determines appropriate. (c) FACA applicability \nThe advisory committee established pursuant to this section is deemed to be an advisory committee subject to the Federal Advisory Committee Act.", "id": "H8549553F26C84D2F8D770C6FFC5F593D", "header": "Public Health Information Sharing and Availability Advisory Committee", "nested": [ { "text": "(a) Establishment \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee, to be known as the Public Health Information Sharing and Availability Advisory Committee, to advise, and make recommendations to, the Director with respect to the implementation of public health and health care data and information reporting and sharing under section 310B.", "id": "H40C5CF6BAD3C4F78897B975C4E35DF2D", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \nThe membership of the advisory committee established pursuant to this section shall include— (1) individuals with subject matter expertise or experience in the following areas of public health and health care data and information, including— (A) State, territorial, local, and Tribal health department data systems or practices; and (B) health care data; (2) ex officio members, including from relevant Federal agencies such as the Office of the National Coordinator for Health Information Technology, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, and the Office of the Assistant Secretary for Health; (3) representatives of national organizations, including the Council of State and Territorial Epidemiologists, the Association of Public Health Laboratories, the Association of State and Territorial Health Officials, the National Association of County and City Health Officials, and the Big Cities Health Coalition; and (4) such additional members as the Secretary determines appropriate.", "id": "H2EA8DDC867E64BF787840FB3D3C0772F", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) FACA applicability \nThe advisory committee established pursuant to this section is deemed to be an advisory committee subject to the Federal Advisory Committee Act.", "id": "H3870827D59E54CAC8D93117D794C0267", "header": "FACA applicability", "nested": [], "links": [] } ], "links": [] }, { "text": "401. Temporary reassignment of State and local personnel during a public health emergency \n(a) Report to Congress \nSection 319(e)(6) of the Public Health Service Act ( 42 U.S.C. 247d(e)(6) ) is amended by striking Not later than 4 years after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013, the Comptroller General of the United States shall and inserting Not later than 4 years after the date of enactment of the Protecting PAHPA Act of 2023 , the Comptroller General of the United States shall. (b) Sunset \nSection 319(e)(8) of the Public Health Service Act ( 42 U.S.C. 247d(e)(8) ) is amended by striking 2023 and inserting 2028.", "id": "H43863B9785EF43C5891614D11DD8BF58", "header": "Temporary reassignment of State and local personnel during a public health emergency", "nested": [ { "text": "(a) Report to Congress \nSection 319(e)(6) of the Public Health Service Act ( 42 U.S.C. 247d(e)(6) ) is amended by striking Not later than 4 years after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013, the Comptroller General of the United States shall and inserting Not later than 4 years after the date of enactment of the Protecting PAHPA Act of 2023 , the Comptroller General of the United States shall.", "id": "HD0CE5A5A0DCA4588BEE1DA884BFB6DE1", "header": "Report to Congress", "nested": [], "links": [ { "text": "42 U.S.C. 247d(e)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/247d" } ] }, { "text": "(b) Sunset \nSection 319(e)(8) of the Public Health Service Act ( 42 U.S.C. 247d(e)(8) ) is amended by striking 2023 and inserting 2028.", "id": "H6CB8D11FF9A14D6BB3729C839C6F0768", "header": "Sunset", "nested": [], "links": [ { "text": "42 U.S.C. 247d(e)(8)", "legal-doc": "usc", "parsable-cite": "usc/42/247d" } ] } ], "links": [ { "text": "42 U.S.C. 247d(e)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/247d" }, { "text": "42 U.S.C. 247d(e)(8)", "legal-doc": "usc", "parsable-cite": "usc/42/247d" } ] }, { "text": "402. Epidemic Intelligence Service \nSection 317F(c)(2) of the Public Health Service Act ( 42 U.S.C. 247b–7(c)(2) ) is amended by striking 2019 through 2023 and inserting 2024 through 2028.", "id": "H286B065ECEB045559B83992E9D2ED1B8", "header": "Epidemic Intelligence Service", "nested": [], "links": [ { "text": "42 U.S.C. 247b–7(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/247b-7" } ] }, { "text": "501. Extended expiration dates for life-saving drugs \n(a) In general \nThe Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) is amended by inserting after section 506L of such Act ( 21 U.S.C. 356l ) the following new section: 506M. Extended expiration dates for life-saving drugs \n(a) In general \nA manufacturer of a life-saving drug shall— (1) submit to the Secretary data and information as required by subsection (b)(1); (2) conduct and submit the results, data, and information generated by any studies required under subsection (b)(2); and (3) make any labeling change described in subsection (c) by the date specified by the Secretary pursuant to such subsection. (b) Data and information \n(1) In general \nThe Secretary may issue an order requiring the manufacturer of a life-saving drug to submit, in such manner as the Secretary may prescribe, data and information from any stage of development of the drug that are adequate to assess the stability of the drug to determine the longest supported expiration date. (2) Lack of data and information \nIf the data and information required pursuant to an order issued under paragraph (1) are not available or are insufficient, as determined by the Secretary, the Secretary may issue an order requiring the manufacturer of the drug— (A) to conduct studies, which may be a continuation of ongoing studies, to provide data and information adequate to assess the stability of the drug and to determine the longest supported expiration date; and (B) to submit such data and information to the Secretary in such manner as the Secretary may prescribe in the order. (c) Labeling \nThe Secretary may issue an order requiring the manufacturer of a life-saving drug, by a date determined by the Secretary in consultation with the sponsor of the drug, to make any labeling change regarding the expiration date or storage and handling of the drug that the Secretary determines to be appropriate based on the data and information required to be submitted under this section or any other data and information available to the Secretary. (d) Definitions \nIn this section: (1) Life-saving drug \nThe term life-saving drug means a drug, that is— (A) (i) a medical countermeasure; or (ii) on the drug shortage list under section 506E or determined by the Secretary to be at risk of shortage; and (B) (i) life-supporting; (ii) life-sustaining; or (iii) intended for use in the prevention or treatment of a debilitating disease or condition in humans or animals, including any such drug used in emergency medical care or during surgery or any such drug that is critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act. (2) Medical countermeasure \nThe term medical countermeasure means a countermeasure as defined in section 565(a). (e) Confidentiality \nNothing in this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code, or section 1905 of title 18, United States Code.. (b) Prohibited act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ), as amended by section 3503(a)(1)(A) of division FF of Public Law 117–328 , is amended by inserting at the end the following new subsection: (jjj) The failure to comply with any order issued under section 506M.. (c) Penalties \nSubsection (b) of section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) is amended by inserting at the end the following: (9) If a manufacturer of a life-saving drug fails to submit data and information as required under section 506M(b)(1), fails to conduct or submit the data and information generated by studies as required under section 506M(b)(2), or fails to make a labeling change as required under section 506M(c), such manufacturer shall be subject to a civil penalty of not more than $10,000 for the first day on which the violation occurs and not more than $10,000 for each subsequent day on which the violation is not corrected..", "id": "H7FDEE00DF09D4EBEA1E46B5C5D985D01", "header": "Extended expiration dates for life-saving drugs", "nested": [ { "text": "(a) In general \nThe Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) is amended by inserting after section 506L of such Act ( 21 U.S.C. 356l ) the following new section: 506M. Extended expiration dates for life-saving drugs \n(a) In general \nA manufacturer of a life-saving drug shall— (1) submit to the Secretary data and information as required by subsection (b)(1); (2) conduct and submit the results, data, and information generated by any studies required under subsection (b)(2); and (3) make any labeling change described in subsection (c) by the date specified by the Secretary pursuant to such subsection. (b) Data and information \n(1) In general \nThe Secretary may issue an order requiring the manufacturer of a life-saving drug to submit, in such manner as the Secretary may prescribe, data and information from any stage of development of the drug that are adequate to assess the stability of the drug to determine the longest supported expiration date. (2) Lack of data and information \nIf the data and information required pursuant to an order issued under paragraph (1) are not available or are insufficient, as determined by the Secretary, the Secretary may issue an order requiring the manufacturer of the drug— (A) to conduct studies, which may be a continuation of ongoing studies, to provide data and information adequate to assess the stability of the drug and to determine the longest supported expiration date; and (B) to submit such data and information to the Secretary in such manner as the Secretary may prescribe in the order. (c) Labeling \nThe Secretary may issue an order requiring the manufacturer of a life-saving drug, by a date determined by the Secretary in consultation with the sponsor of the drug, to make any labeling change regarding the expiration date or storage and handling of the drug that the Secretary determines to be appropriate based on the data and information required to be submitted under this section or any other data and information available to the Secretary. (d) Definitions \nIn this section: (1) Life-saving drug \nThe term life-saving drug means a drug, that is— (A) (i) a medical countermeasure; or (ii) on the drug shortage list under section 506E or determined by the Secretary to be at risk of shortage; and (B) (i) life-supporting; (ii) life-sustaining; or (iii) intended for use in the prevention or treatment of a debilitating disease or condition in humans or animals, including any such drug used in emergency medical care or during surgery or any such drug that is critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act. (2) Medical countermeasure \nThe term medical countermeasure means a countermeasure as defined in section 565(a). (e) Confidentiality \nNothing in this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code, or section 1905 of title 18, United States Code..", "id": "H539402F87D8E497AA60262BD803F4419", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" }, { "text": "21 U.S.C. 356l", "legal-doc": "usc", "parsable-cite": "usc/21/356l" } ] }, { "text": "(b) Prohibited act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ), as amended by section 3503(a)(1)(A) of division FF of Public Law 117–328 , is amended by inserting at the end the following new subsection: (jjj) The failure to comply with any order issued under section 506M..", "id": "HF177B6745FA64ADFB07CC2235CF82B1E", "header": "Prohibited act", "nested": [], "links": [ { "text": "21 U.S.C. 331", "legal-doc": "usc", "parsable-cite": "usc/21/331" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "(c) Penalties \nSubsection (b) of section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) is amended by inserting at the end the following: (9) If a manufacturer of a life-saving drug fails to submit data and information as required under section 506M(b)(1), fails to conduct or submit the data and information generated by studies as required under section 506M(b)(2), or fails to make a labeling change as required under section 506M(c), such manufacturer shall be subject to a civil penalty of not more than $10,000 for the first day on which the violation occurs and not more than $10,000 for each subsequent day on which the violation is not corrected..", "id": "HB5F20FF9F93F4F7F870E3F847A6032C7", "header": "Penalties", "nested": [], "links": [ { "text": "21 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/21/333" } ] } ], "links": [ { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" }, { "text": "21 U.S.C. 356l", "legal-doc": "usc", "parsable-cite": "usc/21/356l" }, { "text": "21 U.S.C. 331", "legal-doc": "usc", "parsable-cite": "usc/21/331" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "21 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/21/333" } ] }, { "text": "506M. Extended expiration dates for life-saving drugs \n(a) In general \nA manufacturer of a life-saving drug shall— (1) submit to the Secretary data and information as required by subsection (b)(1); (2) conduct and submit the results, data, and information generated by any studies required under subsection (b)(2); and (3) make any labeling change described in subsection (c) by the date specified by the Secretary pursuant to such subsection. (b) Data and information \n(1) In general \nThe Secretary may issue an order requiring the manufacturer of a life-saving drug to submit, in such manner as the Secretary may prescribe, data and information from any stage of development of the drug that are adequate to assess the stability of the drug to determine the longest supported expiration date. (2) Lack of data and information \nIf the data and information required pursuant to an order issued under paragraph (1) are not available or are insufficient, as determined by the Secretary, the Secretary may issue an order requiring the manufacturer of the drug— (A) to conduct studies, which may be a continuation of ongoing studies, to provide data and information adequate to assess the stability of the drug and to determine the longest supported expiration date; and (B) to submit such data and information to the Secretary in such manner as the Secretary may prescribe in the order. (c) Labeling \nThe Secretary may issue an order requiring the manufacturer of a life-saving drug, by a date determined by the Secretary in consultation with the sponsor of the drug, to make any labeling change regarding the expiration date or storage and handling of the drug that the Secretary determines to be appropriate based on the data and information required to be submitted under this section or any other data and information available to the Secretary. (d) Definitions \nIn this section: (1) Life-saving drug \nThe term life-saving drug means a drug, that is— (A) (i) a medical countermeasure; or (ii) on the drug shortage list under section 506E or determined by the Secretary to be at risk of shortage; and (B) (i) life-supporting; (ii) life-sustaining; or (iii) intended for use in the prevention or treatment of a debilitating disease or condition in humans or animals, including any such drug used in emergency medical care or during surgery or any such drug that is critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act. (2) Medical countermeasure \nThe term medical countermeasure means a countermeasure as defined in section 565(a). (e) Confidentiality \nNothing in this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code, or section 1905 of title 18, United States Code.", "id": "H8A64538790F94F2CB659D1FF25237089", "header": "Extended expiration dates for life-saving drugs", "nested": [ { "text": "(a) In general \nA manufacturer of a life-saving drug shall— (1) submit to the Secretary data and information as required by subsection (b)(1); (2) conduct and submit the results, data, and information generated by any studies required under subsection (b)(2); and (3) make any labeling change described in subsection (c) by the date specified by the Secretary pursuant to such subsection.", "id": "H013C668B0B0341F38B4FC4377492A12D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Data and information \n(1) In general \nThe Secretary may issue an order requiring the manufacturer of a life-saving drug to submit, in such manner as the Secretary may prescribe, data and information from any stage of development of the drug that are adequate to assess the stability of the drug to determine the longest supported expiration date. (2) Lack of data and information \nIf the data and information required pursuant to an order issued under paragraph (1) are not available or are insufficient, as determined by the Secretary, the Secretary may issue an order requiring the manufacturer of the drug— (A) to conduct studies, which may be a continuation of ongoing studies, to provide data and information adequate to assess the stability of the drug and to determine the longest supported expiration date; and (B) to submit such data and information to the Secretary in such manner as the Secretary may prescribe in the order.", "id": "H619067AFF6A3442C8C2A5A9C1E74288F", "header": "Data and information", "nested": [], "links": [] }, { "text": "(c) Labeling \nThe Secretary may issue an order requiring the manufacturer of a life-saving drug, by a date determined by the Secretary in consultation with the sponsor of the drug, to make any labeling change regarding the expiration date or storage and handling of the drug that the Secretary determines to be appropriate based on the data and information required to be submitted under this section or any other data and information available to the Secretary.", "id": "H5B10A67FB510485BB1B318256F0D50ED", "header": "Labeling", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Life-saving drug \nThe term life-saving drug means a drug, that is— (A) (i) a medical countermeasure; or (ii) on the drug shortage list under section 506E or determined by the Secretary to be at risk of shortage; and (B) (i) life-supporting; (ii) life-sustaining; or (iii) intended for use in the prevention or treatment of a debilitating disease or condition in humans or animals, including any such drug used in emergency medical care or during surgery or any such drug that is critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act. (2) Medical countermeasure \nThe term medical countermeasure means a countermeasure as defined in section 565(a).", "id": "H1FB215108C894EE79D47931E7D4B5769", "header": "Definitions", "nested": [], "links": [] }, { "text": "(e) Confidentiality \nNothing in this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code, or section 1905 of title 18, United States Code.", "id": "H556B18F6A834475494D51CB667848744", "header": "Confidentiality", "nested": [], "links": [] } ], "links": [] }, { "text": "511. Enhanced drug manufacturing amount information reporting \n(a) In general \nSection 510(j)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(j)(3) ) is amended— (1) in subparagraph (A), by adding or (2) after paragraph (1) ; and (2) by adding at the end the following: (C) Each report submitted pursuant to subparagraph (A) with respect to a drug shall— (i) include additional information as may be specified by the Secretary in regulation or guidance regarding the supply chain for such drug, such as— (I) the identity of the respective suppliers of each active pharmaceutical ingredient, active pharmaceutical ingredient intermediate, and in-process material used in such manufacture, preparation, propagation, compounding, or processing of the drug; and (II) the respective amounts of such drug that were manufactured, prepared, propagated, compounded, or processed using an active pharmaceutical ingredient, active pharmaceutical ingredient intermediate, and in-process material from each such identified supplier; and (ii) be submitted more frequently than annually, in accordance with a reporting schedule as may be specified by the Secretary in such regulation or guidance, but not more frequently than 4 times per year. (D) Any additional information specified in regulation or guidance pursuant to subparagraph (C) shall be a required element of reports under this paragraph not earlier than 6 months after the date on which such regulation or guidance is issued in final form (and in no event shall the absence of any regulation or guidance issued under subparagraph (C) affect the requirement to report as described in subparagraph (A)).. (b) Conforming amendment \nSection 510(j)(3)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 510(j)(3)(B) ) is amended by striking subparagraph (A) and inserting this paragraph.", "id": "H35D1A89F98AB4259B921C8AF8D1B3B76", "header": "Enhanced drug manufacturing amount information reporting", "nested": [ { "text": "(a) In general \nSection 510(j)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(j)(3) ) is amended— (1) in subparagraph (A), by adding or (2) after paragraph (1) ; and (2) by adding at the end the following: (C) Each report submitted pursuant to subparagraph (A) with respect to a drug shall— (i) include additional information as may be specified by the Secretary in regulation or guidance regarding the supply chain for such drug, such as— (I) the identity of the respective suppliers of each active pharmaceutical ingredient, active pharmaceutical ingredient intermediate, and in-process material used in such manufacture, preparation, propagation, compounding, or processing of the drug; and (II) the respective amounts of such drug that were manufactured, prepared, propagated, compounded, or processed using an active pharmaceutical ingredient, active pharmaceutical ingredient intermediate, and in-process material from each such identified supplier; and (ii) be submitted more frequently than annually, in accordance with a reporting schedule as may be specified by the Secretary in such regulation or guidance, but not more frequently than 4 times per year. (D) Any additional information specified in regulation or guidance pursuant to subparagraph (C) shall be a required element of reports under this paragraph not earlier than 6 months after the date on which such regulation or guidance is issued in final form (and in no event shall the absence of any regulation or guidance issued under subparagraph (C) affect the requirement to report as described in subparagraph (A))..", "id": "H4E9C4BCD65A641F5BE5D2A300AFC875D", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 360(j)(3)", "legal-doc": "usc", "parsable-cite": "usc/21/360" } ] }, { "text": "(b) Conforming amendment \nSection 510(j)(3)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 510(j)(3)(B) ) is amended by striking subparagraph (A) and inserting this paragraph.", "id": "H9F84BAC0BB10426E847B9A741F1AD78A", "header": "Conforming amendment", "nested": [], "links": [ { "text": "21 U.S.C. 510(j)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/21/510" } ] } ], "links": [ { "text": "21 U.S.C. 360(j)(3)", "legal-doc": "usc", "parsable-cite": "usc/21/360" }, { "text": "21 U.S.C. 510(j)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/21/510" } ] }, { "text": "512. Require drug labeling to include original manufacturer and supply chain information \nSection 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended— (1) in paragraph (b)— (A) by striking (b) If in a package and inserting (b)(1) If in a package ; (B) by striking a label containing (1) the name and place and inserting a label containing— (A) the name and place ; (C) by striking or distributor; and (2) an accurate statement and inserting or distributor; and (B) an accurate statement ; (D) by striking under clause (2) of this paragraph and inserting under this clause ; and (E) by inserting at the end the following: (2) (A) Subject to clause (C), if it is a drug, including an active pharmaceutical ingredient, unless it bears a label containing the name and place of business, and unique facility identifier of the original manufacturer of such drug or active pharmaceutical ingredient, except that the Secretary may provide, by regulation, for reasonable variations in the implementation of such labeling requirements. (B) Subject to clause (C), if it is a drug that is an active pharmaceutical ingredient, unless any accompanying certificate of analysis contains the name and place of business, and unique facility identifier of the original manufacturer of the active pharmaceutical ingredient. (C) The Secretary may provide, by regulation, for reasonable variations in the implementation of labeling requirements specified in this subparagraph. ; and (2) by inserting after paragraph (c) the following: (d) (1) Subject to subparagraph (2), if it is a drug, including an active pharmaceutical ingredient, unless it bears labeling containing the name and place of business of— (A) the original manufacturer of each active pharmaceutical ingredient; (B) each manufacturer, if different from the original manufacturer; and (C) the packer or distributor, if any. (2) The Secretary may provide, by regulation, for reasonable variations or an alternative placement for the labeling requirements specified in subparagraph (1), including by electronic means..", "id": "H76CCB82877504603A45781A2D774055B", "header": "Require drug labeling to include original manufacturer and supply chain information", "nested": [], "links": [ { "text": "21 U.S.C. 352", "legal-doc": "usc", "parsable-cite": "usc/21/352" } ] }, { "text": "521. Clarifying device shortage notifications \nSection 506J(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j(a) ) is amended— (1) in paragraph (2), by striking during, or in advance of, a public health emergency ; and (2) in the matter following paragraph (2), by striking , during, or in advance of, a public health emergency declared by the Secretary under section 319 of the Public Health Service Act,.", "id": "HF720BCF6768844A081CE21C84751B9A4", "header": "Clarifying device shortage notifications", "nested": [], "links": [ { "text": "21 U.S.C. 356j(a)", "legal-doc": "usc", "parsable-cite": "usc/21/356j" } ] }, { "text": "522. Supply chain risk management \n(a) Section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ) is amended by striking subsection (h) and inserting the following: (h) Risk management plans \nEach manufacturer of a device described in subsection (a) shall develop, maintain, and, as appropriate, implement a risk management plan that identifies and evaluates risks to the supply of the device, as applicable, for each establishment in which such device is manufactured. Such risk management plan— (1) may identify and evaluate risks to the supply of more than 1 device, or device category, manufactured at the same establishment; and (2) shall be subject to inspection and copying by the Secretary pursuant to section 704 or at the request of the Secretary.. (b) Conforming amendment \nSection 506J(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j(f) ) is amended by striking or (h) after subsection (a).", "id": "H120666A2E3834D76A4805DE968426B96", "header": "Supply chain risk management", "nested": [ { "text": "(a) Section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ) is amended by striking subsection (h) and inserting the following: (h) Risk management plans \nEach manufacturer of a device described in subsection (a) shall develop, maintain, and, as appropriate, implement a risk management plan that identifies and evaluates risks to the supply of the device, as applicable, for each establishment in which such device is manufactured. Such risk management plan— (1) may identify and evaluate risks to the supply of more than 1 device, or device category, manufactured at the same establishment; and (2) shall be subject to inspection and copying by the Secretary pursuant to section 704 or at the request of the Secretary..", "id": "H03927B72AB88461A89E15CE1B9350F3D", "header": null, "nested": [], "links": [ { "text": "21 U.S.C. 356j", "legal-doc": "usc", "parsable-cite": "usc/21/356j" } ] }, { "text": "(b) Conforming amendment \nSection 506J(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j(f) ) is amended by striking or (h) after subsection (a).", "id": "H50774F80998C42E0BB822700B313F3B1", "header": "Conforming amendment", "nested": [], "links": [ { "text": "21 U.S.C. 356j(f)", "legal-doc": "usc", "parsable-cite": "usc/21/356j" } ] } ], "links": [ { "text": "21 U.S.C. 356j", "legal-doc": "usc", "parsable-cite": "usc/21/356j" }, { "text": "21 U.S.C. 356j(f)", "legal-doc": "usc", "parsable-cite": "usc/21/356j" } ] }, { "text": "523. Clarifying voluntary notifications \nSection 506J(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j(i) ) is amended by adding at the end the following: Nothing in this section shall be construed to limit the authority of the Secretary to request that a manufacturer (or other person involved in the device supply chain) provide, on a voluntary basis, information to the Secretary or the authority of the Secretary to receive such information..", "id": "H4E7FA7EF57564CCD8EFA84331AFA1D04", "header": "Clarifying voluntary notifications", "nested": [], "links": [ { "text": "21 U.S.C. 356j(i)", "legal-doc": "usc", "parsable-cite": "usc/21/356j" } ] }, { "text": "531. Improving notification procedures in case of increased demand for critical essential medicines \n(a) In general \nSection 506C of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c ) is amended— (1) in the section heading, by striking Discontinuance or interruption in the production of life-saving drugs and inserting Notification of issues affecting domestic supply of critical essential medicines ; (2) by striking subsections (a), (b), and (c), and inserting the following: (a) Notification required \n(1) In general \nA manufacturer of a critical essential medicine shall notify the Secretary, in accordance with subsection (b), of— (A) (i) a permanent discontinuance in the manufacture of the drug or an interruption of the manufacture of the drug that is likely to lead to a meaningful disruption in the supply of such drug in the United States; (ii) a permanent discontinuance in the manufacture of an active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug or an interruption in the manufacture of the active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug of such drug that is likely to lead to a meaningful disruption in the supply of the active pharmaceutical ingredient of such drug; (iii) an increased demand (other than an anticipated seasonal surge) for such drug or an active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug that is likely to lead to a shortage of the drug or the active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug; and (B) the reasons for such discontinuance, interruption, or increased demand. (2) Contents \nNotification under this subsection with respect to a critical essential medicine shall include— (A) with respect to the reasons for the discontinuation, interruption, or increased demand referred to in paragraph (1)(C), if an active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug is a reason for, or risk factor in, such discontinuation, interruption, or increased demand, the source of the active pharmaceutical ingredient, excipient, or other input and any alternative sources for the an active pharmaceutical ingredient, an excipient, or any other input by the manufacturer; (B) whether any associated device used for preparation or administration included in the drug is a reason for, or a risk factor in, such discontinuation, interruption, or increased demand; (C) the expected duration of the interruption or increased demand; and (D) such other information as the Secretary may require. (b) Timing \n(1) In general \nA notice required under subsection (a) shall be submitted to the Secretary— (A) at least 6 months prior to the date of the discontinuance or interruption; (B) in the case of such a notice with respect to increased demand for a critical essential medicine, not later than 30 days after the submission of the initial notification under paragraph (2); or (C) if compliance with subparagraph (A) or (B) is not possible, as soon as practicable. (2) Initial notification with respect to increased demand \nIn the case a notification required under subsection (a) with respect to increased demand for a critical essential medicine, the manufacturer of the drug involved shall submit to the Secretary an initial notification not later than 48 hours after the date on which there has been increased demand for the critical essential medicine for a period of at least 6 consecutive weeks. (c) Distribution \nTo the maximum extent practicable, the Secretary shall distribute, through such means as the Secretary deems appropriate, information on the discontinuance or interruption of the manufacture of, or the increased demand for, critical essential medicines to appropriate organizations, including physician, health provider, and patient organizations, as described in section 506E. ; (3) in subsection (g), in the matter preceding paragraph (1), by striking drug described in subsection (a) and inserting critical essential medicine ; and (4) in subsection (j), by striking drug described in subsection (a) and inserting critical essential medicine. (b) Application to nonprescription drugs \nSection 506C(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c(h) ) is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; (2) in paragraph (2)(A) (as so redesignated), by striking and that is subject to section 503(b)(1) and inserting , including a drug that is not subject to section 503(b)(1) ; and (3) by inserting before paragraph (2) (as so redesignated) the following: (1) the term critical essential medicine means a drug that— (A) is— (i) life-supporting; (ii) life-sustaining; or (iii) intended for use in the prevention or treatment of a debilitating disease or condition, including any such drug used in emergency medical care or during surgery or any such drug that is critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act; and (B) is not a radio pharmaceutical drug product or any other product as designated by the Secretary;. (c) Regulations \nNot later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to implement the amendments made by subsections (a) and (b). (d) Guidance \n(1) In general \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue guidance on the requirements for notifications required to be submitted under section 506C of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c ), as amended by subsections (a) and (b), with respect to increased demand for critical essential medicines (as defined in such section 506C). Such guidance shall specifically address— (A) the ways in which manufacturers of critical essential medicines can improve demand predictability; (B) what information manufacturers of critical essential medicines should send to the Secretary; and (C) what communications from the manufacturer the Secretary would request with respect to increases in demand following such notifications. (2) Consultation \nIn developing such guidance, the Secretary shall consult with relevant stakeholders, including manufacturers of critical essential medicines and local, State, or Federal public health officials. (3) Timing \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue— (A) draft guidance under paragraph (1) not later than 120 days after the date of the enactment of this Act; and (B) final guidance under such paragraph not later than 180 days after the date of the enactment of this Act.", "id": "H454C8D961EC34D26982467B39EBE1BE8", "header": "Improving notification procedures in case of increased demand for critical essential medicines", "nested": [ { "text": "(a) In general \nSection 506C of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c ) is amended— (1) in the section heading, by striking Discontinuance or interruption in the production of life-saving drugs and inserting Notification of issues affecting domestic supply of critical essential medicines ; (2) by striking subsections (a), (b), and (c), and inserting the following: (a) Notification required \n(1) In general \nA manufacturer of a critical essential medicine shall notify the Secretary, in accordance with subsection (b), of— (A) (i) a permanent discontinuance in the manufacture of the drug or an interruption of the manufacture of the drug that is likely to lead to a meaningful disruption in the supply of such drug in the United States; (ii) a permanent discontinuance in the manufacture of an active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug or an interruption in the manufacture of the active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug of such drug that is likely to lead to a meaningful disruption in the supply of the active pharmaceutical ingredient of such drug; (iii) an increased demand (other than an anticipated seasonal surge) for such drug or an active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug that is likely to lead to a shortage of the drug or the active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug; and (B) the reasons for such discontinuance, interruption, or increased demand. (2) Contents \nNotification under this subsection with respect to a critical essential medicine shall include— (A) with respect to the reasons for the discontinuation, interruption, or increased demand referred to in paragraph (1)(C), if an active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug is a reason for, or risk factor in, such discontinuation, interruption, or increased demand, the source of the active pharmaceutical ingredient, excipient, or other input and any alternative sources for the an active pharmaceutical ingredient, an excipient, or any other input by the manufacturer; (B) whether any associated device used for preparation or administration included in the drug is a reason for, or a risk factor in, such discontinuation, interruption, or increased demand; (C) the expected duration of the interruption or increased demand; and (D) such other information as the Secretary may require. (b) Timing \n(1) In general \nA notice required under subsection (a) shall be submitted to the Secretary— (A) at least 6 months prior to the date of the discontinuance or interruption; (B) in the case of such a notice with respect to increased demand for a critical essential medicine, not later than 30 days after the submission of the initial notification under paragraph (2); or (C) if compliance with subparagraph (A) or (B) is not possible, as soon as practicable. (2) Initial notification with respect to increased demand \nIn the case a notification required under subsection (a) with respect to increased demand for a critical essential medicine, the manufacturer of the drug involved shall submit to the Secretary an initial notification not later than 48 hours after the date on which there has been increased demand for the critical essential medicine for a period of at least 6 consecutive weeks. (c) Distribution \nTo the maximum extent practicable, the Secretary shall distribute, through such means as the Secretary deems appropriate, information on the discontinuance or interruption of the manufacture of, or the increased demand for, critical essential medicines to appropriate organizations, including physician, health provider, and patient organizations, as described in section 506E. ; (3) in subsection (g), in the matter preceding paragraph (1), by striking drug described in subsection (a) and inserting critical essential medicine ; and (4) in subsection (j), by striking drug described in subsection (a) and inserting critical essential medicine.", "id": "H39405C8C22A54492B2C83524AB7CD36E", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 356c", "legal-doc": "usc", "parsable-cite": "usc/21/356c" } ] }, { "text": "(b) Application to nonprescription drugs \nSection 506C(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c(h) ) is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; (2) in paragraph (2)(A) (as so redesignated), by striking and that is subject to section 503(b)(1) and inserting , including a drug that is not subject to section 503(b)(1) ; and (3) by inserting before paragraph (2) (as so redesignated) the following: (1) the term critical essential medicine means a drug that— (A) is— (i) life-supporting; (ii) life-sustaining; or (iii) intended for use in the prevention or treatment of a debilitating disease or condition, including any such drug used in emergency medical care or during surgery or any such drug that is critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act; and (B) is not a radio pharmaceutical drug product or any other product as designated by the Secretary;.", "id": "H600F592044B84AB58861C1CB2476012B", "header": "Application to nonprescription drugs", "nested": [], "links": [ { "text": "21 U.S.C. 356c(h)", "legal-doc": "usc", "parsable-cite": "usc/21/356c" } ] }, { "text": "(c) Regulations \nNot later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to implement the amendments made by subsections (a) and (b).", "id": "HB91F5B652D5A467191DCFC3DC9DFF6D5", "header": "Regulations", "nested": [], "links": [] }, { "text": "(d) Guidance \n(1) In general \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue guidance on the requirements for notifications required to be submitted under section 506C of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c ), as amended by subsections (a) and (b), with respect to increased demand for critical essential medicines (as defined in such section 506C). Such guidance shall specifically address— (A) the ways in which manufacturers of critical essential medicines can improve demand predictability; (B) what information manufacturers of critical essential medicines should send to the Secretary; and (C) what communications from the manufacturer the Secretary would request with respect to increases in demand following such notifications. (2) Consultation \nIn developing such guidance, the Secretary shall consult with relevant stakeholders, including manufacturers of critical essential medicines and local, State, or Federal public health officials. (3) Timing \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue— (A) draft guidance under paragraph (1) not later than 120 days after the date of the enactment of this Act; and (B) final guidance under such paragraph not later than 180 days after the date of the enactment of this Act.", "id": "HA80FD7583DFC4975AAB3EA248532131C", "header": "Guidance", "nested": [], "links": [ { "text": "21 U.S.C. 356c", "legal-doc": "usc", "parsable-cite": "usc/21/356c" } ] } ], "links": [ { "text": "21 U.S.C. 356c", "legal-doc": "usc", "parsable-cite": "usc/21/356c" }, { "text": "21 U.S.C. 356c(h)", "legal-doc": "usc", "parsable-cite": "usc/21/356c" }, { "text": "21 U.S.C. 356c", "legal-doc": "usc", "parsable-cite": "usc/21/356c" } ] }, { "text": "541. Notification, nondistribution, and recall of drugs \n(a) Order To cease distribution and recall \nSection 569D of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–8d ) is amended— (1) in the section heading, by striking controlled substances and inserting drugs ; (2) by striking controlled substance each place such term appears and inserting drug ; (3) in subsection (b)— (A) by striking controlled substances and inserting drugs ; and (B) by inserting of subsection (a) after an order pursuant to paragraph (1) or an amended order pursuant to subparagraph (B) or (C) of paragraph (3) ; and (4) in subsection (c), by striking or an official senior to such Director and inserting or the Director of the Center for Biologics Evaluation and Research (or an official senior to either such Director). (b) Imports and exports \nSection 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ), as amended by section 3503(a)(4)(C) of division FF of Public Law 117–328 , is amended by striking is a controlled substance subject to an order under section 569D and inserting is a drug subject to an order under section 569D.", "id": "H050DA8F4AE904E9F8F91D57153D12C43", "header": "Notification, nondistribution, and recall of drugs", "nested": [ { "text": "(a) Order To cease distribution and recall \nSection 569D of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–8d ) is amended— (1) in the section heading, by striking controlled substances and inserting drugs ; (2) by striking controlled substance each place such term appears and inserting drug ; (3) in subsection (b)— (A) by striking controlled substances and inserting drugs ; and (B) by inserting of subsection (a) after an order pursuant to paragraph (1) or an amended order pursuant to subparagraph (B) or (C) of paragraph (3) ; and (4) in subsection (c), by striking or an official senior to such Director and inserting or the Director of the Center for Biologics Evaluation and Research (or an official senior to either such Director).", "id": "H82068DE12DF649D085AD1E27C185D557", "header": "Order To cease distribution and recall", "nested": [], "links": [ { "text": "21 U.S.C. 360bbb–8d", "legal-doc": "usc", "parsable-cite": "usc/21/360bbb-8d" } ] }, { "text": "(b) Imports and exports \nSection 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ), as amended by section 3503(a)(4)(C) of division FF of Public Law 117–328 , is amended by striking is a controlled substance subject to an order under section 569D and inserting is a drug subject to an order under section 569D.", "id": "HD89C3E923E234890946601E92B0AE650", "header": "Imports and exports", "nested": [], "links": [ { "text": "21 U.S.C. 381(a)", "legal-doc": "usc", "parsable-cite": "usc/21/381" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] } ], "links": [ { "text": "21 U.S.C. 360bbb–8d", "legal-doc": "usc", "parsable-cite": "usc/21/360bbb-8d" }, { "text": "21 U.S.C. 381(a)", "legal-doc": "usc", "parsable-cite": "usc/21/381" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] } ]
38
1. Short title; table of contents (a) Short title This Act may be cited as the Protecting Pandemic and All-Hazards Preparedness Act of 2023 or the Protecting PAHPA Act of 2023. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Preparing for and responding to public health security threats Sec. 101. National health security strategy. Sec. 102. Protection of national security from threats. Sec. 103. Partnerships for State and regional hospital preparedness to improve surge capacity. Sec. 104. Guidelines for regional health care emergency preparedness and response systems. Sec. 105. Strategic National Stockpile. Sec. 106. Diagnostic testing preparedness plan. Sec. 107. Biomedical Advanced Research and Development Authority. Sec. 108. Ensuring collaboration and coordination in medical countermeasure development. Sec. 109. Review of ASPR efforts to ensure supply chain resiliency and accountability. Sec. 110. Review of HHS efforts To ensure rapid production and domestic manufacturing capacity of medical countermeasures. Sec. 111. Crisis standards of care. Title II—Ensuring workforce to prepare for and respond to public health security threats Sec. 201. Emergency system for advance registration of volunteer health professional. Sec. 202. Military and civilian partnership for trauma readiness. Sec. 203. National advisory committees on disasters. Sec. 204. National Disaster Medical System. Sec. 205. Volunteer Medical Reserve Corps. Title III—Preparing for and responding to public health security threats Sec. 301. Improving State and local public health security. Sec. 302. Facilities and capacities of the Centers for Disease Control and Prevention to combat public health security threats. Sec. 303. Monitoring and distribution of certain medical countermeasures. Sec. 304. Enhanced control of dangerous biological agents and toxins. Sec. 305. Mosquito-borne diseases. Sec. 306. Epidemiology-laboratory capacity. Sec. 307. Supporting public health data availability and access. Title IV—Ensuring workforce to prepare for and respond to public health security threats Sec. 401. Temporary reassignment of State and local personnel during a public health emergency. Sec. 402. Epidemic Intelligence Service. Title V—Addressing drug and supply chain shortages Subtitle A—Ensuring access to lifesaving drugs Sec. 501. Extended expiration dates for life-saving drugs. Subtitle B—Drug origin transparency Sec. 511. Enhanced drug manufacturing amount information reporting. Sec. 512. Require drug labeling to include original manufacturer and supply chain information. Subtitle C—Medical device shortage reduction Sec. 521. Clarifying device shortage notifications. Sec. 522. Supply chain risk management. Sec. 523. Clarifying voluntary notifications. Subtitle D—Drug shortage prevention Sec. 531. Improving notification procedures in case of increased demand for critical essential medicines. Subtitle E—Protecting Americans from unsafe drugs Sec. 541. Notification, nondistribution, and recall of drugs. 101. National health security strategy (a) Public health workforce Section 2802(a)(3) of the Public Health Service Act ( 42 U.S.C. 300hh–1(a)(3) ) is amended by striking In 2022, the and inserting The. (b) Medical and public health community preparedness goal Section 2802(b)(8)(A) of the Public Health Service Act ( 42 U.S.C. 300hh–1(b)(8)(A) ) is amended by inserting before the semicolon the following: , including by protecting against cybersecurity threats. (c) Cybersecurity resiliency of health care delivery systems Section 2802(b) of the Public Health Service Act ( 42 U.S.C. 300hh–1(b) ) is amended by adding at the end the following: (11) Cybersecurity resiliency of health care delivery systems Strengthening the ability of States, local communities, Tribal communities, and territorial entities to protect against, mitigate, or otherwise address the impact of cybersecurity risks or cybersecurity attacks that affect public health through mechanisms (including awards of grants or cooperative agreements under section 319C–2) that encourage hospitals and other facilities involved in the delivery of health care items and services to use recognized security practices meeting or exceeding the approaches promulgated under section 405(d) of the Cybersecurity Act of 2015.. 102. Protection of national security from threats Section 2811(f)(2)(A) of the Public Health Service Act ( 42 U.S.C. 300hh–10(f)(2)(A) ) is amended by striking $250,000,000 for each of fiscal years 2019 through 2023 and inserting $327,991,000 for each of fiscal years 2024 through 2028. 103. Partnerships for State and regional hospital preparedness to improve surge capacity (a) Authorization of appropriations Section 319C–2(j)(1)(A) of the Public Health Service Act (42 U.S.C. 247d–3b(j)(1)(A)) is amended— (1) by striking is authorized to be appropriated and inserting are authorized to be appropriated ; and (2) by inserting and $500,000,000 for each of fiscal years 2024 through 2028 before the period at the end. (b) Sunset Section 319C–2(j)(1)(B)(iii) of the Public Health Service Act (42 U.S.C. 247d–3b(j)(1)(B)(iii)) is amended by striking 2023 and inserting 2028. 104. Guidelines for regional health care emergency preparedness and response systems (a) Guidelines Section 319C–3(b)(3) of the Public Health Service Act (42 U.S.C. 247d–3c(b)(3)) is amended by striking the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 (including any amendments made by such Act) and inserting the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019, the PREVENT Pandemics Act (title II of division FF of Public Law 117–328 ), and the Protecting Pandemic and All-Hazards Preparedness Act of 2023. (b) Demonstration project for regional health care preparedness and response systems Section 319C–3(e)(2) of the Public Health Service Act (42 U.S.C. 247d–3c(e)(2)) is amended by striking 2023 and inserting 2028. 105. Strategic National Stockpile (a) Vendor-Managed inventory and warm-Based surge capacity contracts and cooperative agreements with clinical laboratories Section 319F–2(a)(5)(A) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(5)(A)) is amended— (1) by inserting after contracts or cooperative agreements with vendors, which may include manufacturers or distributors of medical products, the following: as well as clinical laboratories, ; and (2) in clause (ii), by striking domestic manufacturing capacity and inserting domestic manufacturing and laboratory capacity. (b) Authorization of appropriations (1) In general Section 319F–2(f) of the Public Health Service Act (42 U.S.C. 247d–6b(f)) is amended— (A) in paragraph (1), by striking $610,000,000 for each of fiscal years 2019 through 2021, and $750,000,000 for each of fiscal years 2022 and 2023 and inserting $1,963,000,000 for each of fiscal years 2024 through 2028 ; (B) by striking paragraph (2); and (C) by striking Authorization of appropriations and all that follows through For the purpose of carrying out subsection (a), there are authorized to be appropriated and inserting Authorization of appropriations.—For the purpose of carrying out subsection (a), there is authorized to be appropriated. (2) Pilot program to support State medical stockpiles Section 319F–2(i)(9) of the Public Health Service Act (42 U.S.C. 247d–6b(i)(9)) is amended by striking 2024 and inserting 2028. 106. Diagnostic testing preparedness plan The Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by inserting after section 319F–5 of such Act ( 42 U.S.C. 247d–6f ) the following: 319F–6. Diagnostic testing preparedness plan (a) In general The Secretary, acting through the Assistant Secretary for Preparedness and Response, and in consultation with the heads of relevant Federal agencies, shall develop not later than 1 year after the date of enactment of this section and update not less than every 3 years thereafter a plan for rapid development, authorization, scaling, procurement, and distribution of diagnostics and clinical and diagnostic laboratory testing capacity during a public health emergency declared under section 319. (b) Purposes The purposes of the plan under subsection (a) shall be— (1) to facilitate the development and utilization of diagnostics for use with respect to a novel chemical, biological, radiological, or nuclear threat or an emerging infectious disease, including any such high-throughput laboratory diagnostic, point-of-care diagnostic, or rapid at-home or point-of-use diagnostic; and (2) to describe the processes for rapid development, authorization, scaling, procurement, and distribution of diagnostics and clinical and diagnostic laboratory testing capacity. (c) Public-Private coordination (1) In general The Secretary, acting through the Assistant Secretary for Preparedness and Response, shall include within the plan under subsection (a) a plan for public-private coordination on national diagnostic testing during a public health emergency. (2) Contents The plan under paragraph (1) shall be designed to facilitate coordination and collaboration among— (A) government agencies; and (B) critical private-sector diagnostic testing stakeholders, including private-sector clinical and diagnostic laboratories, diagnostic manufacturers, health care product distributors, and research laboratories. (d) Public availability The Secretary, acting through the Assistant Secretary for Preparedness and Response, shall make the plan under subsection (a) publicly available. (e) Reports to Congress Not later than 1 year after commencing implementation of the plan under subsection (a) for a public health emergency, the Secretary, acting through the Assistant Secretary for Preparedness and Response, shall submit to the Congress a report evaluating the effectiveness of activities implemented under the plan.. 319F–6. Diagnostic testing preparedness plan (a) In general The Secretary, acting through the Assistant Secretary for Preparedness and Response, and in consultation with the heads of relevant Federal agencies, shall develop not later than 1 year after the date of enactment of this section and update not less than every 3 years thereafter a plan for rapid development, authorization, scaling, procurement, and distribution of diagnostics and clinical and diagnostic laboratory testing capacity during a public health emergency declared under section 319. (b) Purposes The purposes of the plan under subsection (a) shall be— (1) to facilitate the development and utilization of diagnostics for use with respect to a novel chemical, biological, radiological, or nuclear threat or an emerging infectious disease, including any such high-throughput laboratory diagnostic, point-of-care diagnostic, or rapid at-home or point-of-use diagnostic; and (2) to describe the processes for rapid development, authorization, scaling, procurement, and distribution of diagnostics and clinical and diagnostic laboratory testing capacity. (c) Public-Private coordination (1) In general The Secretary, acting through the Assistant Secretary for Preparedness and Response, shall include within the plan under subsection (a) a plan for public-private coordination on national diagnostic testing during a public health emergency. (2) Contents The plan under paragraph (1) shall be designed to facilitate coordination and collaboration among— (A) government agencies; and (B) critical private-sector diagnostic testing stakeholders, including private-sector clinical and diagnostic laboratories, diagnostic manufacturers, health care product distributors, and research laboratories. (d) Public availability The Secretary, acting through the Assistant Secretary for Preparedness and Response, shall make the plan under subsection (a) publicly available. (e) Reports to Congress Not later than 1 year after commencing implementation of the plan under subsection (a) for a public health emergency, the Secretary, acting through the Assistant Secretary for Preparedness and Response, shall submit to the Congress a report evaluating the effectiveness of activities implemented under the plan. 107. Biomedical Advanced Research and Development Authority (a) Medical countermeasures for viral threats with pandemic potential Section 319L(c)(4) of the Public Health Service Act (42 U.S.C. 247d–7e(c)(4)) is amended— (1) in subparagraph (D)— (A) in clause (ii), by striking ; and and inserting a semicolon; (B) by redesignating clause (iii) as clause (v); and (C) by inserting after clause (ii) the following: (iii) the identification and development of platform manufacturing technologies needed for advanced development and manufacturing of medical countermeasures for viral families which have significant potential to cause a pandemic; (iv) advanced research and development of flexible medical countermeasures against priority respiratory virus families and other respiratory viral pathogens with a significant potential to cause a pandemic, with both pathogen-specific and pathogen-agnostic approaches; and ; and (2) in subparagraph (F)— (A) in clause (ii), by striking ; and at the end and inserting a semicolon; (B) in clause (iii), by striking the period and inserting ; and ; and (C) by adding at the end the following: (iv) priority virus families and other viral pathogens with a significant potential to cause a pandemic.. (b) Authorization of appropriations Section 319L(d)(2) of the Public Health Service Act (42 U.S.C. 247d–7e(d)(2)) is amended by striking $611,700,000 for each of fiscal years 2019 through 2023 and inserting $950,000,000 for each of fiscal years 2024 through 2028. (c) Inapplicability of certain provisions sunset Section 319L(e)(1)(D) of the Public Health Service Act (42 U.S.C. 247d–7e(e)(1)(D)) is amended by striking on the date that is 17 years after the date of enactment of the Pandemic and All-Hazards Preparedness Act and inserting on October 1, 2028. 108. Ensuring collaboration and coordination in medical countermeasure development Section 319L–1(b) of the Public Health Service Act (42 U.S.C. 274d–7f(b)) is amended by striking at the end of the 17-year period that begins on the date of enactment of this Act and inserting on October 1, 2028. 109. Review of ASPR efforts to ensure supply chain resiliency and accountability (a) In general Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall complete a review of— (1) the Supply Chain Control Tower Program (in this section referred to as the SCCT Program ) under the Administration for Strategic Preparedness and Response of the Department of Health and Human Services; and (2) any related efforts of the Administration for Strategic Preparedness and Response— (A) to create supply chain visibility into inventory, capacity, and distribution flow of certain products critical to preparedness and response efforts; (B) to provide insights into demand forecasting and modeling of certain products critical to preparedness and response efforts; or (C) to inform preparedness and response efforts by targeting distribution and coordinating supply with demand for certain products critical to preparedness and response efforts. (b) Issues The review under this section shall include examination of— (1) the data being collected and maintained pursuant to the SCCT Program; (2) how the Department of Health and Human Services, acting through the Administration for Strategic Preparedness and Response, uses such data to provide supply chain visibility and address actual or potential supply gaps; (3) the extent to which such data is provided and shared with end users, including States, localities, Territories, Tribes, and industry partners; (4) the frequency and cadence of data reporting and sharing by and among States, localities, Territories, Tribes, and industry partners; (5) information related to the type and number of States, localities, Territories, Tribes, and industry partners participating in the SCCT Program; (6) the process by which States, localities, Territories, Tribes, and industry partners voluntarily choose to participate in the SCCT Program; and (7) any inefficiencies, deficiencies, or challenges related to the application or operation of the SCCT Program. (c) Report to Congress Not later than the deadline described in subsection (a) for the completion of the review under this section, the Comptroller General shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of such review. 110. Review of HHS efforts to ensure rapid production and domestic manufacturing capacity of medical countermeasures (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct and complete a review examining the efforts of the Secretary of Health and Human Services to ensure that the United States is prepared to rapidly produce qualified countermeasures (as defined in section 319F–1 of the Public Health Service Act ( 42 U.S.C. 247d–6a )) in the event of a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 274d ). (b) Contents The review conducted under subsection (a) shall include a review of— (1) the efforts described in such subsection, including the Secretary’s efforts to transition from the Centers for Innovation and Advanced Drug Manufacturing program to any new efforts, including the National Biopharmaceutical Manufacturing Partnership and Industrial Base Expansion Connect; (2) the progress made toward the implementation of such efforts; and (3) the planning within the Department of Health and Human Services to assess risks and challenges associated with advanced development and manufacturing of qualified countermeasures. (c) Report to Congress Not later than 1 year after completing the review under subsection (a), the Comptroller General of the United States shall submit to the Congress a report containing— (1) the results of the review; and (2) the Comptroller General’s recommendations for ensuring that the United States is prepared to rapidly produce qualified countermeasures in the event of a public health emergency. 111. Crisis standards of care Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Office for Civil Rights of the Department of Health and Human Services, shall issue guidance on how to develop or modify State and local crisis standards of care for use during an emergency period (as defined in section 1135(g)(1) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1) ) so as to bring such standards of care into compliance with the nondiscrimination requirements of section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). 201. Emergency system for advance registration of volunteer health professional (a) In general Section 319I(a) of the Public Health Service Act ( 42 U.S.C. 247d–7b ) is amended by striking Not later than 12 months after the date of enactment of the Pandemic and All-Hazards Preparedness Act, the Secretary shall link existing State verification systems to maintain and inserting The Secretary shall continue to maintain. (b) Authorization of appropriations Section 319I(k) of the Public Health Service Act (42 U.S.C. 247d–7b(k)) is amended by striking 2019 through 2023 and inserting 2024 through 2028. 202. Military and civilian partnership for trauma readiness Section 1291(g) of the Public Health Service Act ( 42 U.S.C. 300d–91(g) ) is amended by striking 2019 through 2023 and inserting 2024 through 2028. 203. National advisory committees on disasters (a) National Advisory Committee on Children and Disasters Subsection (g) of section 2811A of the Public Health Service Act ( 42 U.S.C. 300hh–10b ) is amended to read as follows: (g) Sunset (1) In general The Advisory Committee shall terminate on September 30, 2028. (2) Extension of committee Not later than October 1, 2027, the Secretary shall submit to Congress a recommendation on whether the Advisory Committee should be extended.. (b) National Advisory Committee on Seniors and Disasters Section 2811B of the Public Health Service Act ( 42 U.S.C. 300hh–10c ) is amended— (1) in subsection (d)— (A) in paragraph (1), by striking in consultation with such other heads of agencies as appropriate, shall appoint not more than 17 members and inserting in consultation with such other Secretaries as may be appropriate, shall appoint not more than 23 members ; (B) by redesignating paragraph (2) as paragraph (3); (C) by amending paragraph (3), as so redesignated— (i) in the paragraph heading, by striking Required members and inserting Required Federal members ; (ii) in the matter preceding subparagraph (A), by striking and non-Federal members, ; (iii) by striking subparagraphs (J) and (K); and (iv) by redesignating subparagraph (L) as subparagraph (J); (D) by inserting after paragraph (1) the following new paragraph: (2) Required non-Federal members The Secretary, in consultation with such other heads of Federal agencies as may be appropriate, shall appoint to the Advisory Committee under paragraph (1) at least 13 individuals, including— (A) at least 4 non-Federal health care providers with expertise in geriatric medical disaster planning, preparedness, response, or recovery; (B) at least 3 representatives of State, local, Tribal, or territorial agencies with expertise in geriatric disaster planning, preparedness, response, or recovery; and (C) at least 4 non-Federal professionals with training in gerontology, including social workers, scientists, human services specialists, or other non-medical professionals, with experience in disaster planning, preparedness, response, or recovery among other adults. ; and (E) by adding at the end the following new paragraphs: (4) Term of appointment Each member of the Advisory Committee appointed under paragraph (2) shall serve for a term of 3 years, except that the Secretary may adjust the terms of the Advisory Committee appointees serving on the date of enactment of the Preparing for All Hazards and Pathogens Reauthorization Act , or appointees who are initially appointed after such date of enactment, in order to provide for a staggered term of appointment for all members. (5) Consecutive appointments; maximum terms A member appointed under paragraph (2) may serve not more than 3 terms on the Advisory Committee, and not more than 2 of such terms may be served consecutively. ; and (2) in subsection (g)— (A) in paragraph (1), by striking 2023 and inserting 2028 ; and (B) in paragraph (2), by striking 2022 and inserting 2027. (c) National Advisory Committee on Individuals with Disabilities Section 2811C of the Public Health Service Act ( 42 U.S.C. 300hh–10d ) is amended— (1) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; (2) by inserting after subsection (b) the following new subsection: (c) Additional duties The Advisory Committee may provide advice and recommendations to the Secretary with respect to individuals with disabilities, and medical and public health grants and cooperative agreements, as applicable to preparedness and response activities under this title and title III. ; (3) in subsection (d), as so redesignated— (A) in paragraph (1), by striking in consultation with such other heads of agencies and departments as appropriate, shall appoint not more than 17 members and inserting in consultation with such other Secretaries as may be appropriate, shall appoint not more than 23 members ; (B) by redesignating paragraph (2) as paragraph (3); (C) by amending paragraph (3), as redesignated— (i) in the paragraph heading, by striking Required members and inserting Required Federal members ; (ii) in the matter preceding subparagraph (A), by striking and non-Federal members, ; (iii) by striking subparagraph (K) and inserting the following: (K) Representatives of such other Federal agencies as the Secretary determines necessary to fulfill the duties of the Advisory Committee. ; and (iv) by striking subparagraphs (L) and (M); (D) by inserting after paragraph (1) the following new paragraph: (2) Required non-Federal members The Secretary, in consultation with such other heads of Federal agencies as may be appropriate, shall appoint to the Advisory Committee under paragraph (1) at least 13 individuals, including— (A) at least 4 non-Federal health care professionals with expertise in disability accessibility before, during, and after disasters, medical and mass care disaster planning, preparedness, response, or recovery; (B) at least 3 representatives from State, local, Tribal, or territorial agencies with expertise in disaster planning, preparedness, response, or recovery for individuals with disabilities; and (C) at least 4 individuals with a disability with expertise in disaster planning, preparedness, response, or recovery for individuals with disabilities. ; and (E) by adding at the end the following new paragraphs: (4) Term of appointment Each member of the Advisory Committee appointed under paragraph (2) shall serve for a term of 3 years, except that the Secretary may adjust the terms of the Advisory Committee appointees serving on the date of enactment of the Preparing for All Hazards and Pathogens Reauthorization Act , or appointees who are initially appointed after such date of enactment, in order to provide for a staggered term of appointment for all members. (5) Consecutive appointments; maximum terms A member appointed under paragraph (2) may serve not more than 3 terms on the Advisory Committee, and not more than 2 of such terms may be served consecutively. ; and (4) in subsection (g)— (A) in paragraph (1), by striking 2023 and inserting 2028 ; and (B) in paragraph (2), by striking 2022 and inserting 2027. 204. National Disaster Medical System (a) Elimination of sunset of authority To make certain appointments for National Disaster Medical System Section 2812(c)(4) of the Public Health Service Act ( 42 U.S.C. 300hh–11(c)(4) ) is amended— (1) by striking (A) In general. —If the Secretary determines and inserting If the Secretary determines ; and (2) by striking subparagraph (B). (b) Authorization of appropriations Section 2812(g) of the Public Health Service Act ( 42 U.S.C. 300hh–11(g) ) is amended by striking $57,400,000 for each of fiscal years 2019 through 2023 and inserting $96,904,000 for each of fiscal years 2024 through 2028. 205. Volunteer Medical Reserve Corps Section 2813(i) of the Public Health Service Act ( 42 U.S.C. 300hh–15(i) ) is amended by striking 2019 through 2023 and inserting 2024 through 2028. 301. Improving State and local public health security (a) Authorization of appropriations Section 319C–1(h)(1)(A) of the Public Health Service Act (42 U.S.C. 247d–3a(h)(1)(A)) is amended by striking $685,000,000 for each of fiscal years 2019 through 2023 and inserting $1,000,000,000 for each of fiscal years 2024 through 2028. (b) Elimination of deadwood Section 319C–1(h) of the Public Health Service Act (42 U.S.C. 247d–3a(h)) is amended— (1) by striking paragraphs (4) and (5); and (2) by redesignating paragraphs (6) and (7) as paragraphs (4) and (5). 302. Facilities and capacities of the Centers for Disease Control and Prevention to combat public health security threats (a) Study Section 319D(a)(4) of the Public Health Service Act ( 42 U.S.C. 247d–4(a)(4) ) is amended by striking Not later than June 1, 2022, the Comptroller General of the United States shall conduct a study on Federal spending in fiscal years 2013 through 2018 and inserting Not later than June 1, 2027, the Comptroller General of the United States shall conduct a study on Federal spending in fiscal years 2021 through 2026. (b) Authorization of appropriations Section 319D(h) of the Public Health Service Act ( 42 U.S.C. 247d–4(h) ) is amended— (1) in paragraph (1), by striking $25,000,000 for each of fiscal years 2022 and 2023 and inserting $40,000,000 for each of fiscal years 2024 through 2028 ; and (2) in paragraph (2), by striking 2022 and 2023 and inserting 2024 through 2028. 303. Monitoring and distribution of certain medical countermeasures Section 319A(e) of the Public Health Service Act ( 42 U.S.C. 247d–1(e) ) is amended by striking 2019 through 2023 and inserting 2024 through 2028. 304. Enhanced control of dangerous biological agents and toxins Section 351A(m) of the Public Health Service Act ( 42 U.S.C. 262a(m) ) is amended by striking 2027 and inserting 2028. 305. Mosquito-borne diseases Section 317S(f) of the Public Health Service Act ( 42 U.S.C. 247b–21(f) ) is amended— (1) in paragraph (1), by striking 2019 through 2023 and inserting 2024 through 2028 ; and (2) by striking paragraph (3). 306. Epidemiology-laboratory capacity Section 2821(b) ( 42 U.S.C. 300hh–31(b) ) is amended by striking 2019 through 2023 and inserting 2024 through 2028. 307. Supporting public health data availability and access (a) Designation of public health data standards Section 2823(a)(2) of the Public Health Service Act ( 42 U.S.C. 300hh–33(a)(2) ) is amended by adding at the end the following: (D) Selection of data and technology standards The standards designated as described in subparagraph (A) may include standards to improve— (i) the exchange of electronic health information for— (I) electronic case reporting; (II) syndromic surveillance; (III) reporting of vital statistics; and (IV) reporting test orders and results electronically, including from laboratories; (ii) automated electronic reporting to relevant public health data systems of the Centers for Disease Control and Prevention; and (iii) such other uses as the Secretary determines appropriate. (E) Considerations Standards designated under this paragraph shall include standards and implementation specifications necessary to ensure the appropriate capture, exchange, access, and use of information regarding race, ethnicity, sex (including sexual orientation and gender identity), disability status, veteran status, housing status, age, functional status, and other elements.. (b) Improving information sharing and availability of public health data Section 310B of the Public Health Service Act ( 42 U.S.C. 242u ) is amended to read as follows: 310B. Improving information sharing and availability of public health data (a) In general The Secretary acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the Secretary ) may require the reporting of public health and health care data and information to the Centers for Disease Control and Prevention by— (1) health care providers and facilities, including pharmacies; (2) public health, clinical, and other laboratories and diagnostic testing entities; (3) State, local, and Tribal health departments; and (4) other entities, as determined appropriate by the Secretary. (b) Content, form, manner, and frequency (1) Collaboration The Secretary shall collaborate with representatives of State, local, and Tribal health departments and other entities on determining the content, form, manner, and frequency of the reporting of public health and health care data and information required pursuant to subsection (a). (2) Simultaneous reporting In determining the content, form, manner, and frequency of the reporting of public health and health care data and information pursuant to subsection (a), where a disease, condition, or related event is reportable under applicable State or local law, the Secretary shall require the data and information to be reported first or simultaneously to the appropriate State or local jurisdiction. (3) Alignment with standards and implementation specifications The content, form, manner, and frequency requirements required pursuant to this section shall align with the standards and implementation specifications adopted by the Secretary under section 3004, where applicable. (4) Reasonable efforts to limit reporting The Secretary shall make reasonable efforts to limit the public health and health care data and information required to be reported under this section to the minimum necessary to accomplish the intended public health purpose. (5) Implementation and regulations The Secretary— (A) may promulgate by regulation the content, form, manner, and frequency in which public health and health care data and information is required to be reported under this section; and (B) in the event of a public health emergency declared under section 319, or where the Secretary determines there is a significant potential for such an emergency to exist, may issue such requirements— (i) by guidance in accordance with this section; and (ii) without regard to the procedures otherwise required by section 553 of title 5, United States Code. (c) Ensuring that data is accessible in a timely manner to State, local, and Tribal health authorities (1) Collaboration The Secretary shall collaborate with representatives of State, local, and Tribal health departments, and entities representing such departments, to ensure that data and information that is collected by the Centers for Disease Control and Prevention pursuant to this section are accessible, as appropriate, in a timely manner, to State, local, and Tribal health authorities. (2) Rules of construction Nothing in this section shall be construed— (A) to prevent any Federal agency, State, local, or Tribal health department, or other entity from collecting data or information under other applicable law; or (B) to limit the authority of the Centers for Disease Control and Prevention to share public health surveillance data with State, local, or Tribal health authorities. (3) Reasonable efforts to reduce reporting burdens and potential duplication The Secretary shall make reasonable efforts to collaborate with representatives of Federal agencies and State, local, and Tribal health departments to reduce reporting burdens and potential duplication of reporting requirements. Such efforts may include ensuring simultaneous sharing of data and information described in subsection (b) with State, local, and Tribal public health authorities. (d) Confidentiality and protection of data Any identifiable, sensitive information reported to the Centers for Disease Control and Prevention pursuant to this section shall not be further disclosed or provided to any other individual or party, including any party involved in civil, criminal, or administrative litigation, except— (1) as necessary for public health purposes, including with relevant Federal, State, local, or tribal public health authorities; (2) as required under section 552a(d)(1) of title 5, United States Code; (3) as required by applicable Federal laws, excluding instances of disclosure in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding; or (4) with the consent of each individual to whom the information pertains. (e) Exemption of certain public health data from disclosure The Secretary may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health and health care data and information collected by the Centers for Disease Control and Prevention pursuant to this section or any other authority under which the Centers collects public health or health care data and information if— (1) an individual is identified through such data or information; or (2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the data or information, the request for disclosure under such section 552(b)(3), and other available data sources or the application of technology could be used to deduce the identity of the individuals to which such data or information pertains.. (c) Public Health Information Sharing and Availability Advisory Committee Part A of title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: 310C. Public Health Information Sharing and Availability Advisory Committee (a) Establishment The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee, to be known as the Public Health Information Sharing and Availability Advisory Committee, to advise, and make recommendations to, the Director with respect to the implementation of public health and health care data and information reporting and sharing under section 310B. (b) Membership The membership of the advisory committee established pursuant to this section shall include— (1) individuals with subject matter expertise or experience in the following areas of public health and health care data and information, including— (A) State, territorial, local, and Tribal health department data systems or practices; and (B) health care data; (2) ex officio members, including from relevant Federal agencies such as the Office of the National Coordinator for Health Information Technology, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, and the Office of the Assistant Secretary for Health; (3) representatives of national organizations, including the Council of State and Territorial Epidemiologists, the Association of Public Health Laboratories, the Association of State and Territorial Health Officials, the National Association of County and City Health Officials, and the Big Cities Health Coalition; and (4) such additional members as the Secretary determines appropriate. (c) FACA applicability The advisory committee established pursuant to this section is deemed to be an advisory committee subject to the Federal Advisory Committee Act.. (d) Improving public health data collection (1) In general The Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall award grants, contracts, or cooperative agreements to eligible entities for purposes of identifying, developing, or disseminating best practices in the collection of electronic health information and the use of designated data standards and implementation specifications— (A) to improve the quality and completeness of data, including demographic data, collected, accessed, or used for public health purposes; and (B) to address health disparities and related health outcomes. (2) Eligible entities To be eligible to receive an award under this subsection an entity shall— (A) be a health care provider, academic medical center, community-based organization, State, local governmental entity, 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 )), Urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )), or other appropriate public or private nonprofit entity, or a consortia of any such entities; and (B) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Activities Entities receiving awards under this subsection shall use such award to develop and test best practices for training health care providers to use standards and implementation specifications that assist in the capture, access, exchange, and use of electronic health information, including demographic information, disability status, veteran status, housing status, functional status, and other data elements. Such activities shall, at a minimum, include— (A) improving, understanding, and using data standards and implementation specifications; (B) developing or identifying methods to improve communication with patients in a culturally and linguistically appropriate manner, including to better capture information related to demographics of such individuals; (C) developing methods for accurately categorizing and recording patient responses using available data standards; (D) educating providers regarding the utility of such information for public health purposes and the importance of accurate collection and recording of such data; and (E) other activities, as the Secretary determines appropriate. (4) Reporting (A) Reporting by award recipients Each recipient of an award under this subsection shall submit to the Secretary a report on the results of best practices identified, developed, or disseminated through such award. (B) Report to congress Not later than 1 year after the completion of the program under this subsection, the Secretary shall submit a report to Congress on the success of the best practices developed under such program, opportunities for further dissemination of such best practices, and recommendations for improving the capture, access, exchange, and use of information to improve public health and reduce health disparities. (5) Nonduplication of efforts The Secretary shall ensure that the activities and programs carried out under this subsection are free of unnecessary duplication of effort. (6) Authorization of appropriations There is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2026 to carry out this subsection. (e) Information collection Section 319D(a) of the Public Health Service Act ( 42 U.S.C. 247d–4(a) ) is amended by adding at the end the following: (5) Information collection Subchapter I of chapter 35 of title 44, United States Code, shall not apply to information collection by the Centers for Disease Control and Prevention, including the Agency for Toxic Substances and Disease Registry, that are part of investigations, research, surveillance, or evaluations undertaken for public health purposes under any available authority.. 310B. Improving information sharing and availability of public health data (a) In general The Secretary acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the Secretary ) may require the reporting of public health and health care data and information to the Centers for Disease Control and Prevention by— (1) health care providers and facilities, including pharmacies; (2) public health, clinical, and other laboratories and diagnostic testing entities; (3) State, local, and Tribal health departments; and (4) other entities, as determined appropriate by the Secretary. (b) Content, form, manner, and frequency (1) Collaboration The Secretary shall collaborate with representatives of State, local, and Tribal health departments and other entities on determining the content, form, manner, and frequency of the reporting of public health and health care data and information required pursuant to subsection (a). (2) Simultaneous reporting In determining the content, form, manner, and frequency of the reporting of public health and health care data and information pursuant to subsection (a), where a disease, condition, or related event is reportable under applicable State or local law, the Secretary shall require the data and information to be reported first or simultaneously to the appropriate State or local jurisdiction. (3) Alignment with standards and implementation specifications The content, form, manner, and frequency requirements required pursuant to this section shall align with the standards and implementation specifications adopted by the Secretary under section 3004, where applicable. (4) Reasonable efforts to limit reporting The Secretary shall make reasonable efforts to limit the public health and health care data and information required to be reported under this section to the minimum necessary to accomplish the intended public health purpose. (5) Implementation and regulations The Secretary— (A) may promulgate by regulation the content, form, manner, and frequency in which public health and health care data and information is required to be reported under this section; and (B) in the event of a public health emergency declared under section 319, or where the Secretary determines there is a significant potential for such an emergency to exist, may issue such requirements— (i) by guidance in accordance with this section; and (ii) without regard to the procedures otherwise required by section 553 of title 5, United States Code. (c) Ensuring that data is accessible in a timely manner to State, local, and Tribal health authorities (1) Collaboration The Secretary shall collaborate with representatives of State, local, and Tribal health departments, and entities representing such departments, to ensure that data and information that is collected by the Centers for Disease Control and Prevention pursuant to this section are accessible, as appropriate, in a timely manner, to State, local, and Tribal health authorities. (2) Rules of construction Nothing in this section shall be construed— (A) to prevent any Federal agency, State, local, or Tribal health department, or other entity from collecting data or information under other applicable law; or (B) to limit the authority of the Centers for Disease Control and Prevention to share public health surveillance data with State, local, or Tribal health authorities. (3) Reasonable efforts to reduce reporting burdens and potential duplication The Secretary shall make reasonable efforts to collaborate with representatives of Federal agencies and State, local, and Tribal health departments to reduce reporting burdens and potential duplication of reporting requirements. Such efforts may include ensuring simultaneous sharing of data and information described in subsection (b) with State, local, and Tribal public health authorities. (d) Confidentiality and protection of data Any identifiable, sensitive information reported to the Centers for Disease Control and Prevention pursuant to this section shall not be further disclosed or provided to any other individual or party, including any party involved in civil, criminal, or administrative litigation, except— (1) as necessary for public health purposes, including with relevant Federal, State, local, or tribal public health authorities; (2) as required under section 552a(d)(1) of title 5, United States Code; (3) as required by applicable Federal laws, excluding instances of disclosure in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding; or (4) with the consent of each individual to whom the information pertains. (e) Exemption of certain public health data from disclosure The Secretary may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health and health care data and information collected by the Centers for Disease Control and Prevention pursuant to this section or any other authority under which the Centers collects public health or health care data and information if— (1) an individual is identified through such data or information; or (2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the data or information, the request for disclosure under such section 552(b)(3), and other available data sources or the application of technology could be used to deduce the identity of the individuals to which such data or information pertains. 310C. Public Health Information Sharing and Availability Advisory Committee (a) Establishment The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee, to be known as the Public Health Information Sharing and Availability Advisory Committee, to advise, and make recommendations to, the Director with respect to the implementation of public health and health care data and information reporting and sharing under section 310B. (b) Membership The membership of the advisory committee established pursuant to this section shall include— (1) individuals with subject matter expertise or experience in the following areas of public health and health care data and information, including— (A) State, territorial, local, and Tribal health department data systems or practices; and (B) health care data; (2) ex officio members, including from relevant Federal agencies such as the Office of the National Coordinator for Health Information Technology, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, and the Office of the Assistant Secretary for Health; (3) representatives of national organizations, including the Council of State and Territorial Epidemiologists, the Association of Public Health Laboratories, the Association of State and Territorial Health Officials, the National Association of County and City Health Officials, and the Big Cities Health Coalition; and (4) such additional members as the Secretary determines appropriate. (c) FACA applicability The advisory committee established pursuant to this section is deemed to be an advisory committee subject to the Federal Advisory Committee Act. 401. Temporary reassignment of State and local personnel during a public health emergency (a) Report to Congress Section 319(e)(6) of the Public Health Service Act ( 42 U.S.C. 247d(e)(6) ) is amended by striking Not later than 4 years after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013, the Comptroller General of the United States shall and inserting Not later than 4 years after the date of enactment of the Protecting PAHPA Act of 2023 , the Comptroller General of the United States shall. (b) Sunset Section 319(e)(8) of the Public Health Service Act ( 42 U.S.C. 247d(e)(8) ) is amended by striking 2023 and inserting 2028. 402. Epidemic Intelligence Service Section 317F(c)(2) of the Public Health Service Act ( 42 U.S.C. 247b–7(c)(2) ) is amended by striking 2019 through 2023 and inserting 2024 through 2028. 501. Extended expiration dates for life-saving drugs (a) In general The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) is amended by inserting after section 506L of such Act ( 21 U.S.C. 356l ) the following new section: 506M. Extended expiration dates for life-saving drugs (a) In general A manufacturer of a life-saving drug shall— (1) submit to the Secretary data and information as required by subsection (b)(1); (2) conduct and submit the results, data, and information generated by any studies required under subsection (b)(2); and (3) make any labeling change described in subsection (c) by the date specified by the Secretary pursuant to such subsection. (b) Data and information (1) In general The Secretary may issue an order requiring the manufacturer of a life-saving drug to submit, in such manner as the Secretary may prescribe, data and information from any stage of development of the drug that are adequate to assess the stability of the drug to determine the longest supported expiration date. (2) Lack of data and information If the data and information required pursuant to an order issued under paragraph (1) are not available or are insufficient, as determined by the Secretary, the Secretary may issue an order requiring the manufacturer of the drug— (A) to conduct studies, which may be a continuation of ongoing studies, to provide data and information adequate to assess the stability of the drug and to determine the longest supported expiration date; and (B) to submit such data and information to the Secretary in such manner as the Secretary may prescribe in the order. (c) Labeling The Secretary may issue an order requiring the manufacturer of a life-saving drug, by a date determined by the Secretary in consultation with the sponsor of the drug, to make any labeling change regarding the expiration date or storage and handling of the drug that the Secretary determines to be appropriate based on the data and information required to be submitted under this section or any other data and information available to the Secretary. (d) Definitions In this section: (1) Life-saving drug The term life-saving drug means a drug, that is— (A) (i) a medical countermeasure; or (ii) on the drug shortage list under section 506E or determined by the Secretary to be at risk of shortage; and (B) (i) life-supporting; (ii) life-sustaining; or (iii) intended for use in the prevention or treatment of a debilitating disease or condition in humans or animals, including any such drug used in emergency medical care or during surgery or any such drug that is critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act. (2) Medical countermeasure The term medical countermeasure means a countermeasure as defined in section 565(a). (e) Confidentiality Nothing in this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code, or section 1905 of title 18, United States Code.. (b) Prohibited act Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ), as amended by section 3503(a)(1)(A) of division FF of Public Law 117–328 , is amended by inserting at the end the following new subsection: (jjj) The failure to comply with any order issued under section 506M.. (c) Penalties Subsection (b) of section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) is amended by inserting at the end the following: (9) If a manufacturer of a life-saving drug fails to submit data and information as required under section 506M(b)(1), fails to conduct or submit the data and information generated by studies as required under section 506M(b)(2), or fails to make a labeling change as required under section 506M(c), such manufacturer shall be subject to a civil penalty of not more than $10,000 for the first day on which the violation occurs and not more than $10,000 for each subsequent day on which the violation is not corrected.. 506M. Extended expiration dates for life-saving drugs (a) In general A manufacturer of a life-saving drug shall— (1) submit to the Secretary data and information as required by subsection (b)(1); (2) conduct and submit the results, data, and information generated by any studies required under subsection (b)(2); and (3) make any labeling change described in subsection (c) by the date specified by the Secretary pursuant to such subsection. (b) Data and information (1) In general The Secretary may issue an order requiring the manufacturer of a life-saving drug to submit, in such manner as the Secretary may prescribe, data and information from any stage of development of the drug that are adequate to assess the stability of the drug to determine the longest supported expiration date. (2) Lack of data and information If the data and information required pursuant to an order issued under paragraph (1) are not available or are insufficient, as determined by the Secretary, the Secretary may issue an order requiring the manufacturer of the drug— (A) to conduct studies, which may be a continuation of ongoing studies, to provide data and information adequate to assess the stability of the drug and to determine the longest supported expiration date; and (B) to submit such data and information to the Secretary in such manner as the Secretary may prescribe in the order. (c) Labeling The Secretary may issue an order requiring the manufacturer of a life-saving drug, by a date determined by the Secretary in consultation with the sponsor of the drug, to make any labeling change regarding the expiration date or storage and handling of the drug that the Secretary determines to be appropriate based on the data and information required to be submitted under this section or any other data and information available to the Secretary. (d) Definitions In this section: (1) Life-saving drug The term life-saving drug means a drug, that is— (A) (i) a medical countermeasure; or (ii) on the drug shortage list under section 506E or determined by the Secretary to be at risk of shortage; and (B) (i) life-supporting; (ii) life-sustaining; or (iii) intended for use in the prevention or treatment of a debilitating disease or condition in humans or animals, including any such drug used in emergency medical care or during surgery or any such drug that is critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act. (2) Medical countermeasure The term medical countermeasure means a countermeasure as defined in section 565(a). (e) Confidentiality Nothing in this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code, or section 1905 of title 18, United States Code. 511. Enhanced drug manufacturing amount information reporting (a) In general Section 510(j)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(j)(3) ) is amended— (1) in subparagraph (A), by adding or (2) after paragraph (1) ; and (2) by adding at the end the following: (C) Each report submitted pursuant to subparagraph (A) with respect to a drug shall— (i) include additional information as may be specified by the Secretary in regulation or guidance regarding the supply chain for such drug, such as— (I) the identity of the respective suppliers of each active pharmaceutical ingredient, active pharmaceutical ingredient intermediate, and in-process material used in such manufacture, preparation, propagation, compounding, or processing of the drug; and (II) the respective amounts of such drug that were manufactured, prepared, propagated, compounded, or processed using an active pharmaceutical ingredient, active pharmaceutical ingredient intermediate, and in-process material from each such identified supplier; and (ii) be submitted more frequently than annually, in accordance with a reporting schedule as may be specified by the Secretary in such regulation or guidance, but not more frequently than 4 times per year. (D) Any additional information specified in regulation or guidance pursuant to subparagraph (C) shall be a required element of reports under this paragraph not earlier than 6 months after the date on which such regulation or guidance is issued in final form (and in no event shall the absence of any regulation or guidance issued under subparagraph (C) affect the requirement to report as described in subparagraph (A)).. (b) Conforming amendment Section 510(j)(3)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 510(j)(3)(B) ) is amended by striking subparagraph (A) and inserting this paragraph. 512. Require drug labeling to include original manufacturer and supply chain information Section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended— (1) in paragraph (b)— (A) by striking (b) If in a package and inserting (b)(1) If in a package ; (B) by striking a label containing (1) the name and place and inserting a label containing— (A) the name and place ; (C) by striking or distributor; and (2) an accurate statement and inserting or distributor; and (B) an accurate statement ; (D) by striking under clause (2) of this paragraph and inserting under this clause ; and (E) by inserting at the end the following: (2) (A) Subject to clause (C), if it is a drug, including an active pharmaceutical ingredient, unless it bears a label containing the name and place of business, and unique facility identifier of the original manufacturer of such drug or active pharmaceutical ingredient, except that the Secretary may provide, by regulation, for reasonable variations in the implementation of such labeling requirements. (B) Subject to clause (C), if it is a drug that is an active pharmaceutical ingredient, unless any accompanying certificate of analysis contains the name and place of business, and unique facility identifier of the original manufacturer of the active pharmaceutical ingredient. (C) The Secretary may provide, by regulation, for reasonable variations in the implementation of labeling requirements specified in this subparagraph. ; and (2) by inserting after paragraph (c) the following: (d) (1) Subject to subparagraph (2), if it is a drug, including an active pharmaceutical ingredient, unless it bears labeling containing the name and place of business of— (A) the original manufacturer of each active pharmaceutical ingredient; (B) each manufacturer, if different from the original manufacturer; and (C) the packer or distributor, if any. (2) The Secretary may provide, by regulation, for reasonable variations or an alternative placement for the labeling requirements specified in subparagraph (1), including by electronic means.. 521. Clarifying device shortage notifications Section 506J(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j(a) ) is amended— (1) in paragraph (2), by striking during, or in advance of, a public health emergency ; and (2) in the matter following paragraph (2), by striking , during, or in advance of, a public health emergency declared by the Secretary under section 319 of the Public Health Service Act,. 522. Supply chain risk management (a) Section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ) is amended by striking subsection (h) and inserting the following: (h) Risk management plans Each manufacturer of a device described in subsection (a) shall develop, maintain, and, as appropriate, implement a risk management plan that identifies and evaluates risks to the supply of the device, as applicable, for each establishment in which such device is manufactured. Such risk management plan— (1) may identify and evaluate risks to the supply of more than 1 device, or device category, manufactured at the same establishment; and (2) shall be subject to inspection and copying by the Secretary pursuant to section 704 or at the request of the Secretary.. (b) Conforming amendment Section 506J(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j(f) ) is amended by striking or (h) after subsection (a). 523. Clarifying voluntary notifications Section 506J(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j(i) ) is amended by adding at the end the following: Nothing in this section shall be construed to limit the authority of the Secretary to request that a manufacturer (or other person involved in the device supply chain) provide, on a voluntary basis, information to the Secretary or the authority of the Secretary to receive such information.. 531. Improving notification procedures in case of increased demand for critical essential medicines (a) In general Section 506C of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c ) is amended— (1) in the section heading, by striking Discontinuance or interruption in the production of life-saving drugs and inserting Notification of issues affecting domestic supply of critical essential medicines ; (2) by striking subsections (a), (b), and (c), and inserting the following: (a) Notification required (1) In general A manufacturer of a critical essential medicine shall notify the Secretary, in accordance with subsection (b), of— (A) (i) a permanent discontinuance in the manufacture of the drug or an interruption of the manufacture of the drug that is likely to lead to a meaningful disruption in the supply of such drug in the United States; (ii) a permanent discontinuance in the manufacture of an active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug or an interruption in the manufacture of the active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug of such drug that is likely to lead to a meaningful disruption in the supply of the active pharmaceutical ingredient of such drug; (iii) an increased demand (other than an anticipated seasonal surge) for such drug or an active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug that is likely to lead to a shortage of the drug or the active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug; and (B) the reasons for such discontinuance, interruption, or increased demand. (2) Contents Notification under this subsection with respect to a critical essential medicine shall include— (A) with respect to the reasons for the discontinuation, interruption, or increased demand referred to in paragraph (1)(C), if an active pharmaceutical ingredient, an excipient, or any other input in the final dosage form of such drug is a reason for, or risk factor in, such discontinuation, interruption, or increased demand, the source of the active pharmaceutical ingredient, excipient, or other input and any alternative sources for the an active pharmaceutical ingredient, an excipient, or any other input by the manufacturer; (B) whether any associated device used for preparation or administration included in the drug is a reason for, or a risk factor in, such discontinuation, interruption, or increased demand; (C) the expected duration of the interruption or increased demand; and (D) such other information as the Secretary may require. (b) Timing (1) In general A notice required under subsection (a) shall be submitted to the Secretary— (A) at least 6 months prior to the date of the discontinuance or interruption; (B) in the case of such a notice with respect to increased demand for a critical essential medicine, not later than 30 days after the submission of the initial notification under paragraph (2); or (C) if compliance with subparagraph (A) or (B) is not possible, as soon as practicable. (2) Initial notification with respect to increased demand In the case a notification required under subsection (a) with respect to increased demand for a critical essential medicine, the manufacturer of the drug involved shall submit to the Secretary an initial notification not later than 48 hours after the date on which there has been increased demand for the critical essential medicine for a period of at least 6 consecutive weeks. (c) Distribution To the maximum extent practicable, the Secretary shall distribute, through such means as the Secretary deems appropriate, information on the discontinuance or interruption of the manufacture of, or the increased demand for, critical essential medicines to appropriate organizations, including physician, health provider, and patient organizations, as described in section 506E. ; (3) in subsection (g), in the matter preceding paragraph (1), by striking drug described in subsection (a) and inserting critical essential medicine ; and (4) in subsection (j), by striking drug described in subsection (a) and inserting critical essential medicine. (b) Application to nonprescription drugs Section 506C(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c(h) ) is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; (2) in paragraph (2)(A) (as so redesignated), by striking and that is subject to section 503(b)(1) and inserting , including a drug that is not subject to section 503(b)(1) ; and (3) by inserting before paragraph (2) (as so redesignated) the following: (1) the term critical essential medicine means a drug that— (A) is— (i) life-supporting; (ii) life-sustaining; or (iii) intended for use in the prevention or treatment of a debilitating disease or condition, including any such drug used in emergency medical care or during surgery or any such drug that is critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act; and (B) is not a radio pharmaceutical drug product or any other product as designated by the Secretary;. (c) Regulations Not later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to implement the amendments made by subsections (a) and (b). (d) Guidance (1) In general The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue guidance on the requirements for notifications required to be submitted under section 506C of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c ), as amended by subsections (a) and (b), with respect to increased demand for critical essential medicines (as defined in such section 506C). Such guidance shall specifically address— (A) the ways in which manufacturers of critical essential medicines can improve demand predictability; (B) what information manufacturers of critical essential medicines should send to the Secretary; and (C) what communications from the manufacturer the Secretary would request with respect to increases in demand following such notifications. (2) Consultation In developing such guidance, the Secretary shall consult with relevant stakeholders, including manufacturers of critical essential medicines and local, State, or Federal public health officials. (3) Timing The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue— (A) draft guidance under paragraph (1) not later than 120 days after the date of the enactment of this Act; and (B) final guidance under such paragraph not later than 180 days after the date of the enactment of this Act. 541. Notification, nondistribution, and recall of drugs (a) Order To cease distribution and recall Section 569D of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–8d ) is amended— (1) in the section heading, by striking controlled substances and inserting drugs ; (2) by striking controlled substance each place such term appears and inserting drug ; (3) in subsection (b)— (A) by striking controlled substances and inserting drugs ; and (B) by inserting of subsection (a) after an order pursuant to paragraph (1) or an amended order pursuant to subparagraph (B) or (C) of paragraph (3) ; and (4) in subsection (c), by striking or an official senior to such Director and inserting or the Director of the Center for Biologics Evaluation and Research (or an official senior to either such Director). (b) Imports and exports Section 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ), as amended by section 3503(a)(4)(C) of division FF of Public Law 117–328 , is amended by striking is a controlled substance subject to an order under section 569D and inserting is a drug subject to an order under section 569D.
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[ "Energy and Commerce Committee" ]